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Abortion and the Law What would a world without Roe look like?
WSJ ^ | November 5, 2005 | WSJ editors

Posted on 11/05/2005 5:40:37 AM PST by AliVeritas

The word abortion appears nowhere in the U.S. Constitution. Yet less than a week into Samuel Alito's nomination to the Supreme Court, abortion is already emerging as the flashpoint of the confirmation debate. It is an apt moment to consider how we got to where this single issue so dominates judicial politics.

The answer is Roe v. Wade, the Court's 7-2 decision that, in one fell judicial swoop, took this deeply divisive social issue out of the hands of voters and their elected legislators. The year was 1973. The consequences have distorted American law and politics ever since.

Go back to late 1960s and early 1970s, before Roe became the most controversial Court decision since Plessy v. Ferguson in 1896. Numerous state legislatures had relaxed their hitherto absolute bans on abortion, making it easier for a woman whose health was endangered to obtain one. The burgeoning women's movement had made legalization one of its primary goals.

(Excerpt) Read more at opinionjournal.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Extended News; Government; News/Current Events
KEYWORDS: abortion; alito; democrats; outcome; roe; scotus; wsj
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1 posted on 11/05/2005 5:40:39 AM PST by AliVeritas
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To: AliVeritas

I'll take a quick stab at this. More people, more houses. Does that about describe it?


2 posted on 11/05/2005 5:45:26 AM PST by Hardastarboard
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To: Hardastarboard
40 Million more taxpayers plus their families.
And that's just the U.S.
3 posted on 11/05/2005 5:48:00 AM PST by Manic_Episode (It's wrong that only one company makes the game Monopoly)
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To: AliVeritas

3,600 Americans die in abortions everyday. In 2000 more than 35,000 abortions were performed in Penna, about the student population of Penn State University's main campus. In 1997, 1.3 million abortions were performed, close to the population of Phila.


4 posted on 11/05/2005 5:52:35 AM PST by Dr. Scarpetta
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To: Dr. Scarpetta

In the UNITED STATES in 1997, 1.3 million abortions were performed, close to the population of Phila.



5 posted on 11/05/2005 5:54:46 AM PST by Dr. Scarpetta
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To: AliVeritas

Lesseee...

A government of the people, by the people and for the people?

Where the laws are written by congress, signed by the president, and upheld by the courts?

Where laws that do not exist, because they were not conceived when the constitution were written, and are therefore not subject to the constitution, are addressed through an amendment to the constitution rather than 9 black-robed dictators deciding what the constitution SHOULD have said?


6 posted on 11/05/2005 5:55:33 AM PST by Paloma_55 (Which part of "Common Sense" do you not understand???)
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To: AliVeritas
The Tenth Amendment dictates that abortion is not a Federal issue. Roe should be struck down on this basis only, without regard to morality, which only inflames emotions.

Abortion Law should be decided by the states, or by the people respectively.

7 posted on 11/05/2005 6:00:47 AM PST by ez (If you're the party of tolerance, then tolerate my intolerance.)
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To: AliVeritas
The supreme court usurped legislative power and congress has permitted it. Thereby shirking it's oath to uphold the constitution. As it was, the judicial saw which way the winds were blowing and went with it.

Go back to late 1960s and early 1970s, before Roe became the most controversial Court decision since Plessy v. Ferguson in 1896. Numerous state legislatures had relaxed their hitherto absolute bans on abortion, making it easier for a woman whose health was endangered to obtain one.


8 posted on 11/05/2005 6:05:33 AM PST by Zon (Honesty outlives the lie, spin and deception -- It always has -- It always will.)
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bump


9 posted on 11/05/2005 6:07:57 AM PST by Non-Sequitur
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To: Dr. Scarpetta

close to the population of Phila.

And most of them would be just as liberal?


10 posted on 11/05/2005 6:08:49 AM PST by PeterPrinciple (Seeking the truth here folks.)
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To: AliVeritas

This is a tough subject for me to listen to on any talk radio program and I usually shut it off as soon as it comes on. the left will argue that we do not know when a life begins in the womb. I have found a pretty good answer to that. Since we do know when life ends, anyone?




Life ends when the human heart stops beating, therefore we can fight for a human life once we hear a heartbeat.



On the other hand, since the democrap party are the ones in favor of it I say we abort them.


11 posted on 11/05/2005 6:12:22 AM PST by longfellow (Bill Maher, the 21st hijacker.)
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To: ez
"Abortion Law should be decided by the states, or by the people respectively."

And/or by legislation in Congress. One of the biggest reasons abortion isn't nearly as controversial in other democracies is that abortion laws were enacted through legislation. Here in the US abortion has become a "constitutional right" shoved down our throats by an activist Supreme Court.

12 posted on 11/05/2005 6:20:04 AM PST by manwiththehands (Big Lie #1: "Islam is a peaceful religion"; Big Lie #2: Bush "lied")
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To: AliVeritas

At this time, even IF Roe was defeated, the states would step right up and create their own mini Roes to appease the noisy left in their own territory. This wouldn't necessarily be a success in the end.


13 posted on 11/05/2005 6:21:02 AM PST by AmericanChef
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To: AliVeritas

The 'rats have a big reason to fear the end of Roe/Wade. They would lose a lot of the young female vote if this issue disappeared.


14 posted on 11/05/2005 6:24:14 AM PST by expatpat
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To: AliVeritas
Without Roe, America by 2005, would look like this. All the Blue states would have legalized abortion democratically selected and agreed to by the voters. About half of the red states would have too. Anyone living in a red state where it was difficult to get an abortion would simply go to the nearest state where it was legal and get one.

The big difference is that the issue would have been decided democratically rather than by judicial fiat.

15 posted on 11/05/2005 6:26:19 AM PST by muir_redwoods (Free Sirhan Sirhan, after all, the bastard who killed Mary Jo Kopechne is walking around free)
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To: Paloma_55
Where the laws are written by congress, signed by the president, and upheld by the courts?

I see you were happy with the recently signed Campaign Finance Reform.

16 posted on 11/05/2005 6:26:46 AM PST by joesbucks
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To: manwiththehands
Here in the US abortion has become a "constitutional right" shoved down our throats by an activist Supreme Court.,p>But while I don't necessarily favor abortion on demand, even though it was shoved down our throats, no one is forced to abort. It's a choice that was legalized by what you call an activist Surpreme Court. The difference is it is wide open. Same with murder. How many laws about how many ways to commit murder and it still happens.
17 posted on 11/05/2005 6:31:20 AM PST by joesbucks
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To: AliVeritas

The GOP would have a heck of a lot more trouble winning elections because the Democrats have aborted themselves out of power.


18 posted on 11/05/2005 6:32:57 AM PST by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
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To: longfellow

I have become involved in a few abortion arguments and have found the ultimate stop button.

After I put down what I am drinking (it has ranged from coffee to adult beverages) I ask one simple question:

Has the person arguing about abortion (pro or con) ever had one? If they are male, I ask if any male lawyer or judge ever had an abortion.

Once I get the normal “No”. I then ask how can they talk rationally about something they have no knowledge of? If they are members of the Bar I ask them are they willing to let people who have never been to law school become lawyers and judges since personal knowledge of the subject doesn’t appear to be a prerequisites for heated and sometime irrational discussions.

One time a woman admitted to having an abortion. At that point I said: “Madam, you are, for good or bad, the only person who understands this issue. Would you be so kind as to give me your position and, if possible, explain why?” She responded with her position but said the reason was entirely too personal. To which I thanked her for her bravery and told the rest of the people to STFU since we had only one “expert” among us.

The conversation went quickly elsewhere, which was the objective of the exercise to begin with.

IMHO this should be how all arguments about abortion should be handled - those with personal knowledge of the reasons behind and the physical and emotional impacts should help the rest of us understand this deeply personal issue. All the other talking heads are nothing more than hot air generators and should be viewed as such.


19 posted on 11/05/2005 6:40:41 AM PST by Nip (SPECTRE - Still a vision of life and death after 35 years.)
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To: AliVeritas

Every male should have a vasectomy before they reach the age of sexual maturity. If we have the medical ability it should be done right after they are born. Then, later on in life, if the man wishes to have children they operation could be reversed. In the meanwhile, he could have all the meaningless sex he wanted and you’d never have to worry about an unwanted pregnancy. No child would ever die in an abortion again.

See? Problem solved.


20 posted on 11/05/2005 6:43:30 AM PST by Gerfang
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