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To: John Valentine
You said, in essence, that Blackmun's postulated scenario was the only "legitimate basis" for overturning Roe. That's just wrong.

The only alternative is to argue that the right to privacy does not exist, simply because it is unenumerated, which would violate the Ninth Amendment.

That is illegitimate because if your crusade is against privacy, you would attack the precedent on which privacy was established pre-Roe. And yet, you target Roe and not those cases. Why? Presumably, because there is a child's life involved.

It is the taking of a child's life that makes us disturbed by Roe. The issue then comes down to whether that life has a right to exist or not. The very foundation of our nation states that it does. The child has the right to life equal to our own.

114 posted on 11/05/2007 1:25:45 AM PST by Gelato (... a liberal is a liberal is a liberal ...)
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To: Gelato

Oh, I certainly would not denigrate the right to privacy just because it is not enumerated. I think it is one of MANY rights that were not enumerated simply because the founders thought they were so obvious.

But there is no precedent in the law to extend the rights of personhood to embryos. Such a concept has never existed, and it presently the major project of pro-life advocates. Such a project is fraught with all kinds of dangers , both practical and theoretical. They extend all the way from inheritance to accidental death.

That’s why I think that there is NO chance that your favorite idea of extending the 14th amendment to embryos or fetuses. There is NO chance that any such thing was intended by those framing that Amendment, not in their wildest dreams.

No, the right to control abortions is rooted first in the general right for government at the state level to regulate the practice of medicine, and only secondly in the interest of the state in protecting life. Beyond this, I have no intention of engaging, because we will have no common ground whatsoever.

Suffice it to say that there are many monochromatic interest groups that would like to see their favorite causes federalized. I may sympathize with some, and not with others, but overall, I have an over riding interest in limiting the reach and range of the Federal Government that brings to oppose ALL such efforts to federalize what are properly state or local matters even when local governments have seemingly gone mad, as with so-called “gay marriage”, a true outrage if ever there was one. The temptation is great, but it just isn’t worth it.


131 posted on 11/05/2007 4:18:14 AM PST by John Valentine
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