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To: FredZarguna

“Your post is truly the most completely, thoroughly, hilariously false collection of sentences I have ever seen on Free Republic not actually made by a Democrat.”

Then you should have no problem ripping it apart.

“Abortion was legal in New York in 1970 and ten other States before that.”

And in 1950? Much like we are seeing with Marriage, liberals are doing the same thing now they did then. Marriage is federal jurisdiction, and yet we see that gay marriage has passed in New York.

Abortion was uniformly banned throughout the United States until the latter half of the 20th century.

“It had been legal and illegal in various States before a widespread movement to ban abortion in the early 20th century.”

Not so.

“There was NEVER a Federal ban on abortion, because prior to Roe abortion was NOT seen as an area of Federal competence.”

Again, not so.

“As a matter of fact, it still is NOT. Roe actually says that neither the Federal Government nor the States may regulate first trimester abortions AT ALL, because this is a right retained by The People.”

Which I believe is what I said that Roe established abortion as a constitutional right. Combined with Doe, effectively all abortions are permitted at any time. This is why fr’nstance late term abortions are legal and the trimester framework of Roe is a joke.

“The concept of Incorporation at issue here is the question of whether an aspect of the Bill of Rights applies against the States.”

“As for your entirely silly claims that States have no authority to determine when life begins and ends, please have a look here: Uniform Determination of Death Act. This act is a recommendation from the AMA and other organizations.”

Uh, that’s not helping your argument. 14th explicitly says that the states can’t strip someone of their rights.


23 posted on 07/29/2011 11:15:10 AM PDT by BenKenobi (Honkeys for Herman!)
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To: BenKenobi
Put your finger on, and cite for me, the Federal Statute banning abortion.

You may have until Judgement Day, if you like.

26 posted on 07/29/2011 11:26:19 AM PDT by FredZarguna (Crying won't help ya, prayin' won't do ya no good.)
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To: BenKenobi
Uh, that’s not helping your argument. 14th explicitly says that the states can’t strip someone of their rights.

Wow. Not only wrong but completely ineducable.

You appear to believe there has been a movement to change the definition of death which has been passed on a State-by_State basis over the last 31 years, but there is in fact no need to do that because the Fourteenth Amendment doesn't allow States to determine when death occurs. Wow. Well played. Your understanding of statute and case Law is better than that of all US Attorneys and the Attorneys General of every State, to say nothing of all State and Federal jurists.

I had no idea I was discussing law with such a super genius.

NOT.

Please point me to the Federal Case Law, or US Statute that bans States from defining the moment of death.

28 posted on 07/29/2011 11:32:33 AM PDT by FredZarguna (Crying won't help ya, prayin' won't do ya no good.)
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