[jwalsh07]

I thought I pinged you here. Todays run must have sucked the oxygen out of my brain.

I am interested in your informed opinion on how much the Constitution should be allowed to breathe. It is something I'm having trouble getting my arms around.

[Torie]

For a court to decide the fetuses are persons under the Constitution would be judicial activism in the extreme, totally without any precedent. Beyond the merits, Roe v Wade, and more so its progeny, did great damage to our jurisprudential and politial system, and going in the opposite direction would compound the problem. Abortion is an issue that must be decided in the public square, which I think would find an intelligent compromise that would at least reduce the level of toxic waste being poured into the public square to more manageable levels. Time has proved that this issue is ill suited in so many ways to judicial activism.