Roe v. Wade Hypothetical (user search)
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  Roe v. Wade Hypothetical (search mode)
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Poll
Question: Let's suppose the Supreme Court decides to take up a case involving a state banning all abortions except to save a woman's life, thus putting into jeopardy the Roe vs. Wade decision -how would you hope the Supreme Court would rule on the case?
#1
Leave Roe vs. Wade in place, but support imposing additional restrictions on women's access to abortion
 
#2
Overturn Roe vs. Wade, and outlaw abortion on the national level
 
#3
Overturn Roe vs. Wade, and leave the issue to each individual state
 
#4
Leave Roe vs. Wade in place as is
 
#5
Other (please specify)
 
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Partisan results

Total Voters: 169

Author Topic: Roe v. Wade Hypothetical  (Read 18030 times)
True Federalist (진정한 연방 주의자)
Ernest
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Posts: 42,144
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« on: July 27, 2007, 12:12:26 AM »

Roe v. Wade should be overturned.  The central issue in the whole abortion debate is when does a human life begin.  Before that point the state has no business being involved, afterwards the state has every obligation to be involved.  Setting that line is inherently a legislative task, with the judicial task limited to interpreting what the legislature has set.  The Constitution is fairly silent on this issue.  One can infer from the XIVth Amendment that the dividing line between non-human life and human life is no later than birth, since some humans become citizens then.  It would also be not unreasonable for the Court to rule that under its XIVth Amendment powers that Congress could set that line on a national basis.  In the absence of Congressional action, the Xth Amendment would clearly allow the States to set the line in such a case.
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True Federalist (진정한 연방 주의자)
Ernest
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Atlas Legend
*****
Posts: 42,144
United States


« Reply #1 on: July 05, 2009, 08:39:52 PM »

With Sonia Sotomayor pretty much on course to be confirmed to the Supreme Court, I think it's time to bump this...

Why?  I don't see her appointment changing the balance of the court on this issue very much.
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