Aimed at nobody in particular...
Meaning of unconstitutional: not
allowed by the
constitution
Amendments Claimed to Support Abortion
I
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
– First Amendment of the United States Constitution
III
“No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.” –
Third Amendment of the United States Constitution
IV
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” –
Fourth Amendment of the United States Constitution
V
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” –
Fifth Amendment of the United States Constitution
IX
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” –
Ninth Amendment of the United States Constitution
XIV
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” –
Section 1 of the Fourteenth Amendment of the United States
There is nothing in the constitution that explicitly prohibits abortion. The mere absence of a provision in the law doesn't make anything unconstitutional. Therefore, the only way SCOTUS would have had a right to overturn Roe was if the constitution explicitly prohibited abortion. It doesn't. Ergo, this was a political, not constitutional, decision, and the judges who declared to support Roe then overturned it lied and should be removed from office, because no new federal law prohibiting abortion was enacted in-between Roe and its overturn.
Having said that, relying on jurisprudence is lazy, if all too common in
common law. Which is precisely why Civil Law, the one more closely adhering to Roman Law and the Napoleonic Code, is infinitely superior to common law, despite being slower in court. This doesn't justify overturning Roe in bad faith in any way, mind you.