Re: If abortion rights should be protected...
by
clown_nose
02/25/2008, 2:05 PM #
She may have sovereignty with regard to her womb, but she does not have the right to genetic testing. I think that is a quantum leap from whether she has a right to decide whether to be pregnant. Congress can and does regulate all kinds of medical procedures, and bans many that some people consider helpful (ie medical MJ). Congress can do so for policy reasons.
Can a pregnant woman claim that she has a right to smoke pot because she believes it will help her pregnancy, or help determine sex, or even cause a spontaneous abortion? No, because despite having the right to choose whether to terminate, the emanations and penumbra of privacy does not extend that far: Congress can ban pot for reasons of its own.
Similarly, sex determination can be banned. I think it would require a fairly high standard for governmental interest, but if we were facing a crisis like China, I am sure it would meet that standard.