Right to Abortion Not in The Constitution?

Elaine Gilmartin
4 min readMay 30, 2023

It’s not the only thing; Time to go on the Offensive

by Elaine Gilmartin

Pixabay Ekaterina Bolovtsova

For those who have not yet connected the dots, rolling back the right to abortion has nothing to do with the preservation of life. It’s an autocratic power grab intended to marginalize women from political and economic power. It is not pro-life.

Denial of health care is anti-life.

As we watch red state after red state legislate ever increasing draconian measures, from six-week bans, to no exceptions, to criminalizing women and doctors, we are continually playing catch up by going on the defensive.

Let’s face it. The soccer team that wins is the team that keeps shooting on goal. Why then are we relentlessly playing goalie with no forwards or striker on offense?

Here’s what Sammy (Alito) wrote when he and his compadres destroyed fifty years of precedent.

“The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision, including the one on which the defenders of Roe and Casey now chiefly rely — the Due Process Clause of the Fourteenth Amendment.

In the Fourteenth Amendment, the right to privacy is implied by the guarantee of due process for all individuals, meaning that the state cannot exert undue control over citizens’ private lives.

Abortion is not in the Constitution, but neither is the right to privacy.

In 1965, the Supreme Court declared this decisional privacy, describing this as the right to independently control the most personal aspects of our lives and our bodies, as something implied from other explicit constitutional rights. Sammy does not agree.


The overturning of Roe left women at the mercy of their individual state legislatures, with Texas being one of the most ruthless.

Governor Abbott said last September: “Texas will work tirelessly to make sure that we eliminate all rapists from the streets.” Critics called it detached from reality. A sexual assault hotline in Houston has answered almost 4,800



Elaine Gilmartin

A therapist by profession, a runner by passion, a writer by necessity.