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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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To: Manic_Episode

Seems more likely that most would be welfare recipients, based on the "family" that the babies would come from.


21 posted on 11/05/2005 6:46:20 AM PST by The Worthless Miracle
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To: AmericanChef
"the states would step right up and create their own mini Roes to appease the noisy left.."

Don't think so, all the SC action since Roe has been aimed at knocking down State's attempts to moderate/rationalize Roe's impact.

I don't think states would suddenly reverse course.

22 posted on 11/05/2005 6:47:26 AM PST by norton (This is not about the DIA or the CIA. This is about CYA...)
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Comment #23 Removed by Moderator

To: Nip

Someone very close to me has had one. I personally think it should be left up to the woman for whatever reason. But when I hear the dems arguement for the whole " it aint a person" I use the heartbeat theory. I still think dems should be aborted.


24 posted on 11/05/2005 6:49:42 AM PST by longfellow (Bill Maher, the 21st hijacker.)
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To: AliVeritas

If liberals could figure out how to count fetus votes in their column, abortion would be illegal in the twinkling of an eye.


25 posted on 11/05/2005 6:50:57 AM PST by N. Theknow (Kennedys - Can't drive, can't fly, can't ski, can't skipper a boat - But they know what's best.)
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To: AliVeritas

I am amazed that Roe v Wade has become the cornerstone of the left's America. The bottom line of democracy and freedom. Described as a fundamental Constitutional right, the essential right to privacy, a crucial womens' health issue, the fundamental qualification for judges, the line which must not be crossed. Almost anything else is negotiable, real Constitutional rights are disposable, but if abortion is threatened, look out.


26 posted on 11/05/2005 6:51:33 AM PST by Sender (Team Infidel USA)
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To: TonyRo76

Excellent comment and exactly what the dems fear.


27 posted on 11/05/2005 6:51:54 AM PST by Dutch Boy
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Comment #28 Removed by Moderator

To: AliVeritas
What would a world without Roe look like

...any time before January,1973.....that's how the world looked.

I remember a kinda, gentler era.....I remember when life wasn't so cheap.

29 posted on 11/05/2005 6:54:19 AM PST by Guenevere
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To: Nip

"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."


RIDICULOUS. DOES THAT MEAN NO ONE CAN DISCUSS OR MAKE LAWS IN REGARDS TO SLAVERY, CHILD ABUSE, RAPE AND CRIME UNLESS THEY HAVE BEEN PERSNOALLY AFFECTED???????????????? THE ABORTION ARGUMENT CAN BE LOST OR WON SIMPLY ON THE MEDICAL FACTS ABOUT THE UNBORN CHILD AND THE FACT THAT ITS MURDER. YOU DON'T NEED TO HAVE AN ABORTION TO UNDERSTAND THAT.


30 posted on 11/05/2005 6:54:21 AM PST by floridavoter2
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To: floridavoter2
Thank you for your response to the inane position proferred in post. I need not post a reply to it, now. It is NOT the ultimate answer. Federal law affects EVERYONE. Everyone meaning "public". As long as everyone through private and public means must pay for a "woman's right to choose", then it is a public matter.

AND ALL should have opinions and full rights to express such.

31 posted on 11/05/2005 7:24:09 AM PST by Alia
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To: Nip

I know of what you speak.. yes, through carelessness, irresponsabiltiy and youth, I got a woman pregnant. I found out that "we" had a child years after she decided to abort it. I should have been a part in that decision.. I was a part of creating it. What would my choices have been at the time.. I don't know (I have an idea and there would be another freeper in this world) but I wasn't given a choice.


32 posted on 11/05/2005 7:49:53 AM PST by Uddercha0s
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To: Dr. Scarpetta
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.

"Die" is not the correct word. People who have heart attacks and strokes "die."
33 posted on 11/05/2005 9:32:17 AM PST by msnimje ("People for the American Way have issued a Fatwah against Alito" --- John Cornyn)
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To: AliVeritas

There'd probably be nearly the same amount of people because of fewer pregnancies. Without abortion as an option, women would find alternate means of birth control, like not getting pregnant in the first place.


34 posted on 11/05/2005 9:38:55 AM PST by Jaidyn
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To: Hardastarboard

Guess again. Multiple state bankrupted by the skyrocketing welfare costs.


35 posted on 11/05/2005 10:17:54 AM PST by GSlob
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To: GSlob

Typo correction: "state" = "states"


36 posted on 11/05/2005 10:26:11 AM PST by GSlob
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Comment #37 Removed by Moderator

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Comment #39 Removed by Moderator

To: msnimje
"Die" is not the correct word. People who have heart attacks and strokes "die."

Die is the correct word, babies who are killed, die! If a fetus is alive, and he/she is, then when they are killed, they die. Life starts the minute the sperm fertilizes the egg, if the fetus isn't alive, how does it grow bigger? Only living thigs grow and mature, a fact pro-choice people seem to easily discard or ignore.

40 posted on 11/05/2005 10:53:22 AM PST by calex59
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