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Politics : Formerly About Advanced Micro Devices

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To: tejek who wrote (269001)1/18/2006 2:48:06 AM
From: Elroy  Read Replies (1) of 1575175
 
The judicial logic and constitutionality behind Roe vs Wade is very clear.

You're crazy - the judicial logic and constitutionality behind Roe vs. Wade is one of the least clear of all well knows SC cases.

1. The "right to privacy" itself is nowhere mentioned in the Constitution. Free speech, bear arms, voting all have specific amendments which clarify said rights. Their is no specific right to privacy.

2. The question of when decision regarding the fetus's survival transfers from the mother to the state was set at approximately when the fetus could survive on its own outside the womb (~6 months). With medical advances since Roe this 6 month period keeps getting shorter and shorter, so shouldn't the 6 month period get less and less (it hasn't). This is the key constitutional question in abortion - when does a conception become a "person", with the right to life, liberty and the pursuit of happiness? That's a huge question, and I don't think the answer appears anywher in the constitution - do you??

If its rejected now, it would make the USSC a court of ideology rather than one of judicial justice.

I have no idea what you mean. Please write in clear simple sentences.
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