How do you deal with the analogy between your position on abortion and Dred Scott with slavery? Dred Scott permitted slavery in some states but not in others.
Should personhood be dependent upon which side of a state line you live on, or should it be dependent upon general principles (as is the rest of the 14th?)
Should personhood be dependent upon which side of a state line you live on, or should it be dependent upon general principles (as is the rest of the 14th?)
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Yes.
Before the absurd ruling in Roe v. Wade, it was a state law matter, just like contraception was before Griswold v. Connecticut, just like sodomy was before Lawrence v. Texas (which overturned the correctly decided by unfortunately named Bowers v. Hardwick!).
What should be, and who gets to decide, are both pretty important questions. With the way federalizing of issues has gone, I am suspicious of federalizing much of anything.
Prior to the enactment of the 13th Amendment, I’m not sure Dred Scott was decided incorrectly. The law of the time was what it was. That’s why it needed to be changed. There was a lot of disagreement over the issue, to say the least.