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To: The Philosopher who wrote (21047)3/2/2006 7:04:27 PM
From: TimF  Respond to of 21057
 
1 - The Supreme Court should overturn it because the original decision was not solidly grounded in the constitution. Stare decisis and maybe other concerns might argue against overturn, but the original decisions (and the decisions it was based on) are fundamentally flawed IMO.

2 - They will uphold it. They might allow more restriction than they would have in the past but they are not going to overrule Roe vs. Wade, and allowing this law will strike down Roe vs. Wade, most likely if they did allow this law to stand they would explicitly strike down Roe vs. Wade, but even if it was not an official part of the decision effectively Roe vs. Wade would be dead.

Tim



To: The Philosopher who wrote (21047)4/2/2006 4:07:45 AM
From: Peter Dierks  Read Replies (1) | Respond to of 21057
 
South Dakota:

The overturning of universal legalized abortions by judicial activism would return the issue to the states. Some states would have legalize abortion. Others would make it illegal.