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Roe purports to be about privacy. But it’s really about the second point you list, which is purporting to define when a fetus becomes sufficiently developed to warrant protection from the state. After all, nothing changes between conception and the day before birth from the point of view of privacy. Or heck, even the day after birth—you have a privacy right in your home, not only your person. So the “privacy” right isn’t holding up any weight. All the work is being done by the moral determination that a fetus in the first two trimesters isn’t sufficiently developed to warrant legal protection. Once you assert that killing an 8 week fetus is no different than having a body part removed, the work being done by privacy is trivial.

That latter question has nothing to do with privacy or the constitution. It’s a general moral judgment based on underlying biological facts. In that respect, Roe simply is an articulation of Harry Blackmun’s Methodist religious beliefs. The United Methodist Church came out strongly in favor of abortion legality in the 1960s. But there’s nothing in the constitution supporting the determination Roe reached and Roe didn’t even pretend there was.




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