re: Prior to Roe v Wade being overturned I had no idea that abortions were that common.

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f society says “we agree that a negative right vests at 16 weeks gestation,”

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Society would not say that— a sovereign state would codify that. As explained earlier this has implications. First the US government not any state can deprive one of a right without due process. Thus once granted, it can’t be taken away except by process

Whether it’s a positive or negative right is immaterial. Indeed, if you are hooked on this distinction, many state constitutions will express life as a positive right so such sophistry about positive or negative rights are practically Immaterially and unnecessary

Thus, you would require a proceeding to defease rights. That would be needed every time we have a health of the mother as a reason to terminate pregnancy after your arbitrary date

Moreover, the date is arbitrary. We have no basis to determine cognition. The whole viability test previously used was silly for the same reason

If you legally recognize rights at a certain age, you have other statutory problems as well. For instance , non homicide statutes don’t deal with “human beings”, they deal with rights. Thus, you would have violations on 18 .U.S.C. § 242 for state actions (including public health persons) and conspiracy for the private actors of nvolved. (This also speaks directly to killing so the positive/negative distinction you pose would make no difference). Considering most states have similar civil rights violation statutes ( and many without reference to color of law), you will have even a bigger problem under state law

Legislators craft laws to avoid these problems, not invite them.

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The analysis I outline is completely amoral

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The fact that you do not see this as an issue for this forum means you are being tone deaf. Indeed many are positing that a lack of sanction does transgress morals.

I would agree that the rule needs the ability to be judicially enforced, but Roger makes the better point, not using morality is asinine

Any ethical decision making framework will include items that are consistent with personal morality and the relevant communities values