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WinderCare Tramples Upon Women’s Private Property Rights
Boise, ID --
The Idaho Senate last week trampled upon all individuals’ rights when it
passed WinderCare, a mandate introduced into the legislature by Senator
Chuck Winder that would force women to undergo an ultra-sound test before
having an abortion.
right stomped upon is the pregnant woman’s right to choose whether to have
right stomped upon is the woman’s doctor, forced by the state to order an
ObamaCare, which mandates that all citizens must purchase a commodity as a
condition of existence, of being a US citizen, WinderCare would mandate a
woman and her doctor to perform an ultra-sound procedure as a condition for
a possible future – and legal -- medical procedure.
the U.S. Constitution’s Fourth Amendment right to be free from coercion in
person, papers, and effects, WinderCare – like ObamaCare -- is an obvious
violation of an individual’s rights on many levels.
WinderCare violates a woman’s Fourth Amendment right to habeus
corpus, a long-standing writ in British and American law to be free from
false imprisonment by either the government or others. Imprisonment does
not only mean to be physically locked up and thrown into jail. It also
refers to illegal detainment or the taking away an individual’s freedom to
act, travel, speak, or freedom of exchange in the market.
WinderCare, a woman cannot choose to have an abortion unless she first
undergoes a government-mandated action of a vaginal or abdominal
ultra-sound, thus violating her right to a future voluntary legal procedure
with her doctor: an abortion. Abortions are legal in Idaho. WinderCare is
tantamount to forcing an individual to undergo one procedure in order to
perform a second, legal procedure.
WinderCare really trying to do?
It is an
obvious punitive action by Senator Chuck Winder – via the State -- to try to
coerce a woman to do something – view an ultra-sound of her fetus – in order
to coerce her to not do something else – an abortion -- that is already
perfectly legal to do. Punitive action against abortions in Idaho already
takes the form of forcing pregnant women contemplating abortion to sign off
on a piece of paper that purports to show how an abortion can result in
cancer – thanks to a previous pernicious piece of paper introduced and
passed in the Idaho legislature by Rep Bill Sali some years ago.
Winder wants to question the issue of abortion, let him introduce
legislation to try that on its own merits. But introducing legislation
mandating that an individual must perform Action A before said individual
can perform legal Action B is the height of governmental intervention into
the personal life of the individual.
So far, the
legislative House in Idaho voted to not proceed with WinderCare in
committee. So they tabled it indefinitely. Unfortunately, many of the
GOP-dominated Reps tabled the issue not because they thought it out
conceptually in terms of an individual rights issue, but rather because it’s
an election year and they are up for re-election. The legies got the
message after thousands of voters marched on the State legislature either in
person or by email.
is enacted into law, think of the precedent it would establish. The State
could mandate that you must perform Action ABC prior to performing any
Action DEF. For example, before you buy a box of doughnuts, Raisin Bran, or
woof down a hot fudge sundae, the State could compel you to buy a Diabetes
Type II detection kit, video tape it at your doctor’s clinic, and check your
blood sugar level. Or, before you get into your car to drive to work, the
State could compel you to drink five cups of Rocket Java to make sure you
are wide awake on the freeway.
It is not
illegal to eat doughnuts, Raisin Bran, or a hot fudge sundae. It is not
illegal to drive on the freeway. And it is not illegal for a woman to have
an abortion. So, let’s stop using the State Legislature as a vehicle for
throwing presumed moral roadblocks into the private lives of our citizens.
the question of should the government finance
abortions – or ultra-sounds?
not. Neither at the state or the federal level.
For the same
reason that a woman should not be forced to undergo an ultra-sound procedure
as a condition for a legal abortion, nobody should be forced to pay for
another individual’s abortion. Both are infringements upon individual
rights. We have already seen how the government mandate for church
employers and employees to pay for contraception and abortions under
ObamaCare has become a national moral issue.
simply a subset of ObamaCare. It is an attempt to force an individual to
purchase a government-mandated commodity or service against their will.
For the same
reasons that ObamaCare is totally unconstitutional, WinderCare is, too. – FM
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