Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Chunga

How are you going to overturn Roe without establishing the personhood of the unborn, re the Fourteenth Amendment?


11 posted on 08/26/2007 3:12:53 PM PDT by EternalVigilance (States' rights don't trump God-given, unalienable rights...support the Reagan pro-life platform)
[ Post Reply | Private Reply | To 10 | View Replies ]


To: EternalVigilance
You overturn Roe by appointing constructionist judges who understand that the right to abortion is not found in the language of the Constitution, and who understand that a Federal "right to privacy" is a "right" fashioned out of thin air.

There are thousands of judges around the country who subscribe to this viewpoint. If appointed to the SCOTUS, they would all vote to overturn Roe vs. Wade on these basis alone.

The legal arguments for overturning Roe have rarely been about the personhood of the fetus. They have been about the overreach of the federal government and its impinging on states' rights.

20 posted on 08/26/2007 3:27:50 PM PDT by Chunga (Conservatives Don't Let Democrats Win Elections. They Vote Republican.)
[ Post Reply | Private Reply | To 11 | View Replies ]

To: EternalVigilance
How are you going to overturn Roe without establishing the personhood of the unborn, re the Fourteenth Amendment?

Roe is merely 1970 science frozen into law. You recognize that what we understood about fetal life three and a half decades ago has been superceded by techniques that affirm the potential human condition of the unborn, and that individual states have the prerogative of protecting it. Other states have the prerogative of not protecting it, if their voters/legislators so deem.

You define fetal life as a sort of transitional period between living and nonliving, and let the states assume jurisdiction of it. Not my personal belief, but an answer to your question.

27 posted on 08/26/2007 3:40:07 PM PDT by hunter112 (Change will happen when very good men are forced to do very bad things.)
[ Post Reply | Private Reply | To 11 | View Replies ]

To: EternalVigilance
How are you going to overturn Roe without establishing the personhood of the unborn, re the Fourteenth Amendment?

That one is simple. The Supreme Court could decide that nothing in the Constitution allows the federal government to assert power over abortion laws on the basis of the right of privacy. Just as the Supreme Court has made bad decisions in the past and then retreated from them, the court could say that Roe vs. Wade was decided wrongly and that states could decide for themselves whether to regulate abortion and what the grounds for regulating abortion would be.

Bill

36 posted on 08/26/2007 3:58:49 PM PDT by WFTR (Liberty isn't for cowards)
[ Post Reply | Private Reply | To 11 | View Replies ]

To: EternalVigilance
How are you going to overturn Roe without establishing the personhood of the unborn, re the Fourteenth Amendment?

How are you going to get 3/4 of the states to ratify an Amendment which would essentially ban abortion nationwide.

But, agree or disagree with the exact method of eliminating abortion and promoting a culture of life, you seem to have admitted that Mitt Romney is pro-life and will work to defend life if elected President.

285 posted on 08/27/2007 5:20:11 AM PDT by Spiff
[ Post Reply | Private Reply | To 11 | View Replies ]

To: EternalVigilance
...the Fourteenth Amendment

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

(How do you do blink tags? I really do think you need them, having made such a profoundly inane statement.)

457 posted on 08/28/2007 10:51:08 AM PDT by steve-b (It's hard to be religious when certain people don't get struck by lightning.)
[ Post Reply | Private Reply | To 11 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson