Alan Dershowitz: Constitution Doesn't Guarantee Right to Abortion

Sunday, 27 Oct 2013 02:30 PM

By Sandy Fitzgerald

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The Constitution doesn't guarantee a woman's right to an abortion, self-professed liberal Alan Dershowitz admits.

But Dershowitz, considered one of the most well-known Constitutional experts in the country, told MSNBC's Larry Kudlow that he still favors a woman's right to choose.

"I can't find anything in the Constitution that says you prefer the life of the mother or the convenience of the mother, if it's an abortion by choice, over the potential life of the fetus," Dershowitz. "Everything I favor I don't think is necessarily constitutionally based."

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Dershowitz said that if women aren't allowed to have abortions even if their lives are in danger, then he favors a woman's right to choose.

But Calvin Freiburger, of LiveActionNews, said while he appreciates Dershowitz' objectivity, he is "tragically wrong" in considering a fetus' potential, not actual life.

Freiburger said that true pro-life principles do not intend that women be forced to continue life-threatening pregnancies.

According to Freiburger, Dershowitz' opinion on the constitutionality of abortion is a point he's made before, as far back in 2001 concerning Roe v. Wade, and Bush v. Gore, when he said the cases "represent opposite sides of the same currency of judicial activism in areas more appropriately left to the political processes. Judges have no special competence, qualifications, or mandate to decide between equally compelling moral claims (as in the abortion controversy)."

Dershowitz is not the only legal expert critical of the high court's Roe v. Wade decision, with even Supreme Court Justice Ruth Bader Ginsberg recently remarking that the decision was one made of judicial activism and made by "unelected old men," Breitbart reports.

Related stories:

Texas Gov. Rick Perry: Wife Misspoke on Abortion as 'Right'

Scalia: Judges Are Not 'Moral Philosophers'


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