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To: OneWingedShark

I don’t see abortion as a States Right issue since the unborn baby’s rights are being violated by his or her murder, but that’s just me. However, repealing Roe v. Wade wouldn’t make abortion illegal, either. The issue would be kicked back down to States.


78 posted on 08/09/2013 10:20:22 PM PDT by Absolutely Nobama (The Doomsday Clock is at 11:59:00......tick-tock, tick-tock, tick-tock.....)
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To: Absolutely Nobama
I don’t see abortion as a States Right issue since the unborn baby’s rights are being violated by his or her murder, but that’s just me.

There's multiple bad things™ about Roe v. Wade. I think the biggest is the states rights thing, or rather the implicit assertion that the USSC can make anything into a federal matter and then wrest control from the States, consider that to do Roe v. Wade they invented a right to privacy... yet that same right to privacy is non-existent in public life [see NSA and IRS] and even in medical life [see ACA] therefore only existing as applied to abortion.

Moreover, because it's been recognized as not a state issue there is something that cannot be applied, or is forced to be overlooked: section 1 of the 14th Amendment. — If abortion could be pushed back down to State-level, then it is entirely possible that 14th Amendment could be used to seal the fate as recognizing abortion as murder.

As it is though, there is far too much power gained from Roe v. Wade: the power to instantly overturn all state-laws of a particular type, the ability to alter law [ACA] is an extension of this. I'm almost convinced that they would sooner give up Wickard than Roe, as even the vast swaths controlled via "commerce clause" could be tied down with the power to nullify/create/rewrite law. (IOW, Roe is their goose that lays the golden egg.)

However, repealing Roe v. Wade wouldn’t make abortion illegal, either. The issue would be kicked back down to States.

I think it would be vastly easier to handle in the States: just look at Texas.

87 posted on 08/09/2013 10:50:23 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Absolutely Nobama

And if it was, you’d see it outlawed in virtually every red state immediately.


101 posted on 08/10/2013 1:54:54 AM PDT by Viennacon
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