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Oklahoma Supreme Court Strikes ‘Personhood’ Amendment
Wall Street Journal ^ | 05/01/12

Posted on 05/01/2012 10:22:48 AM PDT by AtlasStalled

On Monday, the state’s highest court unanimously ruled that a proposed amendment to the Oklahoma Constitution, which would define a fertilized egg as a person, is unconstitutional, as it violates the 1992 U.S. Supreme Court decision Planned Parenthood v. Casey, which upheld the constitutional right to have an abortion.

(Excerpt) Read more at blogs.wsj.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Oklahoma
KEYWORDS: abortion; plannedparenthood; prolife

1 posted on 05/01/2012 10:22:50 AM PDT by AtlasStalled
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To: AtlasStalled

As usual, the will of the people subverted by the judiciary. Business as usual in the unfree United States.


2 posted on 05/01/2012 10:27:05 AM PDT by backwoods-engineer (I will vote against ANY presidential candidate who had non-citizen parents.)
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To: AtlasStalled

Can you say non sequitor? So help me understand here... it’s constitutional to have an abortion, but it’s unconstitutional to label a fertilized zygote a human? Is it unconstitutional because by making it constitutional you are essentially allowing murder through another constitutional act (abortion)?

Last I checked, the courts don’t write law. I’m not sure how it’s unconstitutional to label a fertilized egg human BECAUSE it’s constitutional to have an abortion. Sounds like an agenda to me!


3 posted on 05/01/2012 10:30:51 AM PDT by rarestia (It's time to water the Tree of Liberty.)
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To: AtlasStalled

And so many “Christians” in the country say that the economy trumps everything else...can you say BBBAAACKKKSLLIDDINGGG


4 posted on 05/01/2012 10:33:04 AM PDT by Friendofgeorge (SARAH PALIN 2012 OR FLIPPIN BUST)
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To: AtlasStalled

How much ya bet that Oklahoma is yeat ANOTHER State(like Iowa) that uses the WORTHLESS “Missouri Method” for foisting State “Supreme” Court “Justices” on it’s people!


5 posted on 05/01/2012 10:33:31 AM PDT by US Navy Vet (Go Packers! Go Rockies! Go Boston Bruins! See, I'm "Diverse"!)
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To: AtlasStalled

This is the last liberal defense of murder.....denial of when life begins.

The longer liberals can prevent a full definition of when life begins, the longer they can continue the murder of poor and minority babies.


6 posted on 05/01/2012 10:36:43 AM PDT by Erik Latranyi (When religions have to beg the gov't for a waiver, we are already under socialism.)
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To: rarestia

Yes you do know. So do I and so do the courts.


7 posted on 05/01/2012 10:38:51 AM PDT by Secret Agent Man (I can neither confirm or deny that; even if I could, I couldn't - it's classified.)
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To: AtlasStalled

Is the Oklahoma Supreme Court know for being liberal?


8 posted on 05/01/2012 10:42:39 AM PDT by Reynoldo
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To: AtlasStalled
it violates the 1992 U.S. Supreme Court decision Planned Parenthood v. Casey, which upheld the constitutional right to have an abortion.

I remember Jefferson and Madison talking about this:

Jefferson: Naw! I think its important for a woman to have the right to murder their child up until its 18th birthday.

Madison: NO! Too much freedom for the individual! Once she pops that sucker out, she can't kill it any more.

Jefferson: Well, 15th birthday?

Madison: How 'bout this: She can kill it at any time up to nine months by partial birth and driving a pair of scissors through its brain.

Jefferson: Gruesome! So lets write it in the secret part of the Constitution that only the SCOTUS can read, 'cause colonial Americans won't be ready for this until the new secular 'enlightenment' takes place.

Madison, Washington, etal.: DONE! Huzzah for women's reproductive rights!

And that, children is how it happened. Even King Obama says so.

9 posted on 05/01/2012 10:44:46 AM PDT by LucianOfSamasota (Tanstaafl - its not just for breakfast anymore...)
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To: Erik Latranyi

They lost the “science will prove we are correct” argument a long time ago. Genetics wiped out the “their body their choice” issue as well. Adoption wipes out the “I can’t be around it” arguments based on rape/incest, or otherwise unwanted/inconvenient children. Swiftly executing actual rapists (not just boyfriends or one night stands accused of rape) will prevent any future rapes from that person. I’d even take the opportunity to strengthen and ensure the sexual assault laws, so that homosexual rapists would be executed as well, not having to take into account whether the victim gets pregnant - as these cases of rape it doesn’t factor in).


10 posted on 05/01/2012 10:45:58 AM PDT by Secret Agent Man (I can neither confirm or deny that; even if I could, I couldn't - it's classified.)
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To: AtlasStalled

The two decisions have nothing to do with each other legally. There are legal forms of homicide. Just because the state labels the act as the killing of a person doesn’t conflict with the fact that the Supreme Court says it’s legal. The issues are not related.


11 posted on 05/01/2012 10:57:23 AM PDT by JediJones (From the makers of Romney, Bloomberg/Schwarzenegger 2016. Because the GOP can never go too far left.)
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To: AtlasStalled

This is why incrimentalism is the way to win the war.

First you put in parental notification laws.

They procedure restrictions.

Then viability rules. (and invest in the science of fetal transplants and artificial wombs.)

and so on.

So you gradually take it down to rare.

all or nothing yields nothing but hyperbole.


12 posted on 05/01/2012 10:59:29 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: AtlasStalled

Did the idiot court recognize that PP vs. Casey violated the RIGHT TO LIFE?!?!?!


13 posted on 05/01/2012 11:00:09 AM PDT by G Larry (Criminals thrive on the indulgence of society's understanding)
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To: AtlasStalled

Excuse me? How can an ADDITION to the CONSTITUTION be “un”constitutional??? That language doesn’t even work.

Any Oklahoma FREEPers out there able to explain this stuff to me?


14 posted on 05/01/2012 11:12:54 AM PDT by SoFloFreeper
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To: SoFloFreeper

“Excuse me? How can an ADDITION to the CONSTITUTION be “un”constitutional??? That language doesn’t even work.

Any Oklahoma FREEPers out there able to explain this stuff to me?

Exactly this is the height of arrogance telling the citizens and legislature that they don’t have the right to amend thier constitution.


15 posted on 05/01/2012 11:28:41 AM PDT by Leto (Damn shame Sarah didn't run the Presidency was there for the taking)
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To: AtlasStalled
Section 9 of Roe vs. Wade - Blackmun says:

A. The appellee and certain amici argue that the fetus is a "person" within the language and meaning of the Fourteenth Amendment. In support of this, they outline at length and in detail the well known facts of fetal development. If this suggestion of personhood is established, the appellant's case, of course, collapses, [p157] for the fetus' right to life would then be guaranteed specifically by the Amendment. The appellant conceded as much on reargument. [n51] On the other hand, the appellee conceded on reargument [n52] that no case could be cited that holds that a fetus is a person within the meaning of the Fourteenth Amendment.

They know that the personhood movement is the biggest threat to ultimately end abortion. If an unborn child is delcared a person, abortion becomes illegal. They can't have that, so they are putting the cart before the horse and blocking recognizing the unborn child as a person in order to protect abortion when the priority should be recognizing the unborn child and letting the abortion chips fall where they may (in the dump).

16 posted on 05/01/2012 2:46:33 PM PDT by Pinkbell (Woo hoo! Another moderate candidate! Thanks GOP and voters!)
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To: AtlasStalled

These judges can’t keep up with laws already on the books. The “Unborn Victims of Violence Act of 2004 (Public Law 108-212” defines the unborn as members of the human species, and recognizes the unborn as victims should a crime be committed in which they are harmed.

How is that any different to what this judge was ruling on? If a federal law like this exists, why is this even an issue? Or are crimes against the unborn justifiable when the mother is not also harmed, despite what the law says?


17 posted on 05/01/2012 2:55:22 PM PDT by Ironfocus (Unseat the Looter-in-Chief)
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