Absolute unmitigated nonsense. The law prior to Roe did not treat the unborn in NY different from the unborn elsewhere.
If the federal government does not have the obligation to protect the innocent throughout america, then there is no point to having a government at all.
As for the ‘incorporation’ argument failing, the unborn were and had been well protected until the passing of Roe, where abortion was recognised as a constitutional right. It’s not the fault of the incorporating law, but rather, a fault of those who wished to see abortion in ascendency.
States do not have the right to declare unpersons. A state cannot class a group of people as not deserving of citizenry or the obligations rleated to the civil protection laws that prevent all of us from committing crimes. Period.
“That was the status quo ante in 1972 and it is correct. Throughout all US History, the States determined when a person was alive or not alive; at the end of life, they still do. If you want no abortion in all fifty States, campaign against it in all fifty States.”
False, the 14th explicitly says to the contrary that they do not have this right, they cannot declare a person to be dead or alive, or declare a person to be not a person.
Prior to Roe, this was the case throughout America which is why Roe was required in order to impose a constitutional right to abortion that may not be abridged by prior amendments.
At present, the first target must be Roe, but when Roe falls, so does abortion in all 50 states.
Your post is truly the most completely, thoroughly, hilariously false collection of sentences I have ever seen on Free Republic not actually made by a Democrat.
Congratulations! That is quite an accomplishment.
Abortion was legal in New York in 1970 and ten other States before that. It was illegal in Pennsylvania. It had been legal and illegal in various States before a widespread movement to ban abortion in the early 20th century. In all cases where abortion was banned, it was banned entirely on a State-by-State basis. There was NEVER a Federal ban on abortion, because prior to Roe abortion was NOT seen as an area of Federal competence.
As a matter of fact, it still is NOT. Roe actually says that neither the Federal Government nor the States may regulate first trimester abortions AT ALL, because this is a right retained by The People. (Amendment IX.) Roe was not "passed." It is not a law. It is a Supreme Court decision.
The concept of Incorporation at issue here is the question of whether an aspect of the Bill of Rights applies against the States. Contrary to common (completely incorrect) opinion, not all aspects of the Bill of Rights apply outside of Federal jurisdiction. The Supreme Court has decided in a period extending back to the early twentieth century exactly what aspects of the Constitution not previously explicitly applied to the States have become incorporated into the 14th Amendment's protections. SCOTUS did not decide that the 2nd Amendment was Incorporated until last year, for example.
Your notion of "incorporating" law is completely irrelevant to this discussion. I haven't the faintest clue what you even think it means. In any case, Incorporation is a Federal criterion for applying case precedent. It is not a "law" any more than Row is.
What is clear is that you have no understanding of either what is in Amendment XIV or the Bill of Rights, nor what rights are retained by the States or the People. Roe v. Wade did not come into existence in a vacuum: it is an expansion of an earlier case law result made in Griswold vs. Connecticut. In Griswold, the Court ruled that States could not regulate contraception because of a right to privacy. The decision is an even bigger mess than Roe. In Griswold the Court declared a "Right to Privacy." Some of the concurring justices made Incorporation arguments, some made arguments based directly on Amendment IX, and one justice invoked the Due Process clause of Amendment XIV directly WITHOUT invoking Incorporation.
And please note, that prior to Griswold, each State had its own laws governing contraception.
As for your entirely silly claims that States have no authority to determine when life begins and ends, please have a look here: Uniform Determination of Death Act. This act is a recommendation from the AMA and other organizations. It has not been adopted in all States, which have all retained -- without any Federal challenge, EVER -- the right to say when life ends.
(Or Google legal determination of death, where you will find several thousand places where you will discover that States do indeed have this authority, and the Federal Government DOES NOT.)
Please educate yourself before you make such an idiotic post ever again. Your statements are an embarrassment to conservatism in general, and Free Republic in particular.