The state does not have a duty to provide healthcare under the Constitution. The SCOTUS would have no basis on which to make such a ruling.
Actually yes they do however my phrasing may have been too direct for an obtuse issue. States have the sovereignty of law to guarantee the health and safety of its citizens. This is a constitutional duty performed by the states. They don't so much provide healthcare (they can and they do but they could just as easily defer it off) but they DO provide for legal control of health care. They are involved in the funding of their health care systems and in the management of them. You know those privately owned clinics? They only act autonomously but under state licensing so yes, in effect the states have assumed the duty of providing health care. You may not understand this too well but health care runs the gamut of surveillance, municipal health standards, a whole lot. The state provides so much healthcare that we often forget that and think of health care as little buildings with doctors in them. That's only a small part of it.
But it is a right, under the 14th amendment. And States have a compelling interest to protect the life of the unborn child. So they do have the right to regulate abortion after viability.
In most cases, women entered into the sexual union willingly. If she fails to get an abortion within the legally allowed timeframe then she must bear responsibility for her actions. And there are better ways of handling it. Adoptive parents will willingly bear the burden of the costs of care for that baby.
Correct but that actually is a bit of a weird one, and Justice O'Conner has touched on this a few times. I'm going to mention it later when you mention how it was unfair of me to suggest an nonexistent intervention...
Part of bearing the responsibility for the action of a sexual union that results in a baby is a strange circumstance and you need to understand that the law does NOT as of now make a strong consensus on this. A pregnant woman sits in a legal limbo. Part of being a parent is actually a delegation of legal agency. Just because you birth out a kid doesn't mean you are now responsible for that kid by any other means than by the law. You can, as a parent, terminate your parental rights and thus that responsibility you're talking about ceases to be. But pregnant women actually don't have that delegation of rights and their capacity to provide as a biological method for survival of the fetus does not fall in them. The states cannot regulate that biology; if they could then they could mandate organ donation. Hell that actually would give them legal power to literally outlaw cancer. That's not a joke. Instead the states want to regulate by the interest of the fetus to promote its life capacity. Doing that would disenfranchise the mother as she is not allowed to maintain her autonomy and her biology. It's not that she has a right to as declared by law, it's that NO LEGAL BODY can interfere with her autonomy and biology. To reiterate, the states have no legal sovereignty to declare the autonomy and biology as a right to be intervened on. BUT as you argue they DO have a right to intervene based on the viability of the fetus. But by outlawing abortion they are NOT truly promoting the life of that fetus, they are disenfranchising those women and violating their autonomy and biology. So keep that in mind for this next bit.
You keep saying that, but the whole basis of the Constitution is that the people have the sovereignty. The State has certain rights and all other rights are reserved to the people.
No. My legal capacity as a parent is one of those inalienable rights reserved to the people.
These two together are funny. Your legal capacity as a parent is ONLY a delegation of the state's sovereignty. You don't actually have special parental rights, instead the state delegates your rights to you. You can surrender them, they can take them away. But make NO MISTAKE as a parent you have no legal protection of unalienable rights there.
No. Killing my child would deprive that kid of his or her rights to life, liberty and pursuit of happiness. The State has a duty to protect those rights and thus, murder is wrong. And that "born" child is completely dependent on my biology to live: I have to labor in order to keep him alive.
Murder isn't wrong as a means to promote life, liberty and the pursuit of happiness. Murder is basically killing somebody without legal consent. A murder charge would not have saved your kid because you can't be charged with murder before the event.
And no, your child is not dependent on your biology to live, you're trying to conflate your ability to provide to their well being but it's not like you're a Shmoo that he or she can eat and thrive from. In the womb that's another story.
Maybe one day. But until that day, a woman has a duty to their viable but unborn child just as if that child had been born. The state has a duty to protect the life of the unborn child. Texas recognizes this by providing Medicaid and CHIP coverage to the unborn child so that a needy mother will have the healthcare necessary to bear a healthy child. Then we provide WIC and Food Stamps so that both mother and child can maintain their health.
Not by law and even if it were it'd be nonsensical. The mother could just cut the pregnancy of at viability and hand the fetus off to the state. If you really believe in this viability bs you're hiding behind then put your money where your mouth is. She doesn't have to carry her pregnancy to term at all then. She made it to viability, right? Cut the fetus out, put it on a preemie system and abandon it. If you want pretend that she's a mother then we damn well will let her have those legal protections.
You can't argue that the State has a duty to use non-existant technologies to maintain viable fetuses. The mother has a duty to maintain that viable fetus if she did not opt for an abortion during the allowable time.
The technologies exist but let me tell you something. If you want to pretend that viability is an accurate determination of life, then own it. If the state wants to promote the life of that child and NOT infringe on the mother's autonomy then the state can provide for a 28 week removal of the fetus and organs and put it in an incubator. Now you tell me, if you really believe in that viability distinction then the States have to pursue this in lieu of banning any abortion AFTER 28 weeks. What's it going to be for you? Admit that viability is horsecrap or will you promote the ACTUAL intervention that the state can pursue without infringing on the female's autonomy? Is she a mother or is she not? If she's a mother after 28 weeks then you better get ready to pay out the ass and make a lot of tiny coffins. If you're not ready to argue that then well really this isn't about viability at all then is it. Viability is a smokescreen, plain and simple.
And Texas allows for those situations. The new law makes exceptions for dangers to the mother's health or if the baby is, for lack of a better word, compromised.
It shouldn't even have to be enumerated exceptions by law. That should have been a decision made by the pregnant woman and her physician.
You are missing the point. I'm not arguing for the right to kill my kid. I'm trying to see where you draw the line. You seem to be OK with an abortion at 39 weeks, I just wonder what the distinction is to you after it's born.
After the child is born then it's no longer an issue of compromising the mother's autonomy. The fact is she can surrender her child immediately to the state. She cannot actually do that when she is pregnant with the child so the dynamic is changed. To be forced to carry the child to term even if it's dangerous or she has no effective means and the procedure itself exists and meets HER needs. But even more the capacity she has in autonomy dictates NO OBLIGATION to do so. Even IF the states continue their crusade to promote the life of that child they are NOT actually doing so. They are only inhibiting the capacity of autonomy from the mother. The states would be obligated instead to own up to their bullcrap on the distinction of viability.
Sounds like somebody made a law that preceded their capacity to perform their duties, huh. Maybe now you see why we're all a little pissed with Texas.