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To: EternalVigilance
US Supreme Court, Gonzalez v Carhart:

The majority opinion held that "ethical and moral concerns", including an interest in fetal life, represented "substantial" state interests, which (assuming they do not impose an "undue" burden) could be a basis for legislation at all times during pregnancy, not just after viability. Thus, the Court clarified that the pre-viability/post-viability distinction was not implicated in Carhart.

Nothing here about personhood. Your judgment of the "immorality" of the law is uncalled for and unwarranted.

21 posted on 03/01/2013 3:53:31 PM PST by hinckley buzzard
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To: hinckley buzzard

I don’t get it. Court opinions don’t determine morality.

And just because some court ignores the facts of the personhood of the child that doesn’t change the reality that they are quite self-evidently persons.


23 posted on 03/01/2013 4:02:09 PM PST by EternalVigilance (Defend life, liberty, private property, national sovereignty, security, & borders. Keep the oath.)
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To: hinckley buzzard
By the way, "viability" arguments are as irrelevant as "pain" arguments. The question constitutionally is "are they a person?"

"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, for the fetus' right to life would then be guaranteed specifically by the Amendment."

-- Justice Harry A. Blackmun, Roe vs. Wade, 1973

"No person shall be deprived of life without due process of law."

-- The Fifth Amendment to the United States Constitution

"No State shall deprive any person of life without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

-- The Fourteenth Amendment to the United States Constitution


25 posted on 03/01/2013 4:07:44 PM PST by EternalVigilance (Defend life, liberty, private property, national sovereignty, security, & borders. Keep the oath.)
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