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To: CatoRenasci; All

The Court rejected the rigid trimester framework of Roe in the Casey decision. Please read that to understand the undue burden standard that’s now used.


128 posted on 04/18/2007 7:43:09 AM PDT by NinoFan
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To: NinoFan
...the undue burden standard

A "standard" fabricated out of nothing.

Cordially,

163 posted on 04/18/2007 7:53:02 AM PDT by Diamond
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To: NinoFan
The Court rejected the rigid trimester framework of Roe in the Casey decision. Please read that to understand the undue burden standard that’s now used.

Indeed. I understand that it was Casey that got us away from the original Roe trimester framework. My point is that I think that however bad Roe is as law and as science, most Americans do not view abortion in the absolutist terms that activists on both sides do. Rather, I believe that, aside from the all too critical detail of drawing the liens, you would get significant majorities that would permit abortions early on in pregnancy and significant majorities that would prohibit abortions (with perhaps some very limited physical health exceptions) at the end of pregnancy, with the majorities at each end of the spectrum diminishing as you get towards the middle of term. I'm not sure where the majority 'break point' is, and I suspect it's different for almost every thoughtful person.

For that reason, I think that over time, somehow or another, we will get back to a position something like that. It may be different in different states, but I don't think abortion will ever be generally unlawful in the US, and I don't think it will ever be 'on demand at any time' again.

180 posted on 04/18/2007 7:57:03 AM PDT by CatoRenasci (Ceterum Censeo Arabiam Esse Delendam -- Forsan et haec olim meminisse iuvabit)
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