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To: LexBaird
Homicide cannot be made legal by any State, because it denies the victim due process.

Nonsense. Homicide is legal, in every state, under some circumstances. There is substantial variation among the several states as to what circumstances qualify.

I see no constitutional argument that would prevent states from effectively legalizing abortion (by creating justification loopholes large enough to fly an A380 through) without severely limiting their authority to define other types of justifiable homicide.

Besides, I think it would make sense to give states back the power to restrict abortion on their own before declaring they have to do so themselves.

533 posted on 11/14/2007 10:09:22 PM PST by supercat (Sony delenda est.)
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To: supercat
Nonsense. Homicide is legal, in every state, under some circumstances. There is substantial variation among the several states as to what circumstances qualify.

Not without due process and equal protection of the killed person, it isn't. Even if the homicide is subsequently determined to fall into a legal category, such as self defense, the perpetrator must undergo a trial and judgement. One cannot go about killing people in "self defense" on their own say-so. Yet, abortion is allowed to any woman who decides to have one.

Nor can a State make homicide legal for one class of people, but not another. Nor can they protect one class of people from homicide, but not another.

I am comfortable in allowing abortion under extreme circumstances congruent with self defense, but not without a legal proceedure associated with that determination. For example, a woman with a disease that will kill her without a medication that would kill her fetus, might be eligible for a case of justified homicide. Think of the woman who recently decided to forego chemo for cancer to save her baby.

Besides, I think it would make sense to give states back the power to restrict abortion on their own before declaring they have to do so themselves.

Yes. It should be treated as any other taking of life is. Roe should be overturned AND the civil rights 14th A. violation avenue should be explored. Roe is a bad decision in several ways, and the violation of the 10th A. is just one.

539 posted on 11/15/2007 8:24:28 AM PST by LexBaird (Behold, thou hast drinken of the Aide of Kool, and are lost unto Men.)
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