If Griswold were overturned...
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  If Griswold were overturned...
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Author Topic: If Griswold were overturned...  (Read 1731 times)
nini2287
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« on: October 27, 2005, 12:59:46 PM »

...would any state ban the use of contraceptives?

I don't think any would though Utah or Alabama might.
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BRTD
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« Reply #1 on: October 27, 2005, 01:20:56 PM »

Of course not. Mormons and evangelicals don't have any problems with birth control. None would.

Exactly why it won't be overturned, since such a law would have to be passed first to be challenged in court.
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A18
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« Reply #2 on: October 27, 2005, 01:54:23 PM »

There's no point to overturning it. But the fact that it won't be overturned doesn't mean we should continue to apply its principle to future cases.

It's similar to the New Deal. That should be upheld under principles of stare decisis, but nothing new of that sort should.
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AuH2O
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« Reply #3 on: October 27, 2005, 02:18:44 PM »

I agree with Bork, who says Griswold will never be overturned and its thus pointless to even think about it. Repudiating Roe and generally advancing a more original view of the Constitution's logic should be sufficient.
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