The SCOTUS blog, June 27, 2024, titled Supreme Court allows emergency abortions, for now, in Idaho, states, “Thursday’s unsigned order from the justices leaves in place an order by a federal judge in Idaho that temporarily blocks the state from enforcing its abortion ban, which carves out exceptions only to save the life of the mother and in cases of rape or incest, to the extent that it conflicts with a federal law, the EMS USA Emergency Medical Treatment and Active Labor Act.”
Why did SCOTUS reverse the 1973 Roe v. Wade opinion? The Court held that the Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives. In fact, the Constitution confers no rights whatsoever. The Constitution upholds natural rights. The Bill of Rights does not create rights; it protects our rights from governmental trespass.
The Constitution gives no power over medical treatments or human healthcare. Because the Constitution does not prohibit the states from exercising authority over these issues, the power over medical treatments and human healthcare is reserved for the States or the people, as per the 10th Amendment.
The EMS USA Emergency Medical Treatment and Active Labor Act is unconstitutional because it assumes a power outside the scope of Congress’s enumerated powers in Article I, Section 8. This law is unconstitutional because it is not in pursuance of the Constitution, as per Article VI, the definition of the supreme Law of the Land.
“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” Article VI, the second clause.
“Case law” is not law; it is an opinion of a court outside the enumerated powers.
Therefore, the recent opinion that allows abortions in Idaho is unconstitutional.
John N. White 