To: LindyBill who wrote (110474 ) 4/21/2005 7:41:32 AM From: Ilaine Read Replies (2) | Respond to of 793689 The thing that gets forgotten about Roe v. Wade, Lawrence vs. Texas, etc., is that the original bases for the cases are criminal prosecutions. Put into a nutshell, is it constitutional to put somebody in prison for doing X, Y or Z? I realize that even the SCOTUS loses sight that this is what's at stake, but they shouldn't. It's unreasonable to expect the courts to always defer to the legislature. Courts are co-equal to the legislature, and exist to provide a check and balance on the legislature (and the executive.) Sometimes legislatures go too far. And it's axiomatic that living in a democracy we won't always agree on what's "too far." I would have to agree that it's going too far to say that there is a "right" to have an abortion, but I disagree that it's going too far to say that abortion shouldn't be a crime. What if, say, the legislature decided that not going to church was a crime. Should the courts defer? What if, say, the legislature decided that being a Communist was a crime. Should the courts defer? What if, say, the legislature decided that it was OK to take private property from one private person and give it to another private person for a private person. Should the courts defer? What if, say, the legislature decided that blacks and whites marrying each other was a crime. Should the courts defer? What if, say, the legislature decided that the penalty for fornication should be stoning to death. Should the courts defer? It seems to me that in Roe v. Wade and Lawrence v. Texas, the SCOTUS was doing what they are expected to do, but the results are unpalatable. Not being happy with the result is not a good reason to criticize the process.