[ellery]

The second is that an issue like this should be debated widely and publicly or we risk what we have witnessed from Roe, thirty years of culture wars and animus to the point where, as Torie points out, federal judicial appointments become impossible.

I agree -- SCOTUS is just continuing to erode amendment 10. As with other issues related to the culture wars, I just don't see people finding common ground on this issue. That's why federalism seems like such a graceful solution -- let these issues be decided on a community by community basis (similar to the community standards judgement on pornography).

[jwalsh07]

That's why federalism seems like such a graceful solution -- let these issues be decided on a community by community basis (similar to the community standards judgement on pornography

Absolutely but this court has set itself up as the arbiter of same and to top it all off cites Europe as precedent. I mean, enough is enough!