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To: Titus Quinctius Cincinnatus

I could possibly see Scalia, Thomas, Roberts, and Alito voting to restore regulation of abortion to the states (i.e. refuting it as anything the federal government is empowered to regulate). That would not eliminate abortion, you can bet Massachusetts, New York, New Jersey, California, etc would put an abortion law on the books within a month even if Louisiana, Alabama, Georgia, etc might potentially ban it. But it would make it something you could debate within your community again, so that would be something.

The thing is, who is the 5th vote? Forget about Ginsburg, Sotomayor, Stevens, and Breyer. Kennedy might be the only possibility, though he seems to have come down on the side of placing precedent on a pedestal higher than the constitution itself on this issue.


25 posted on 01/25/2010 11:48:08 AM PST by pepsi_junkie (Who is John Galt?)
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To: pepsi_junkie

If a State wanted to make abortion legal, it would at least be somewhat Constitutional. Then the voters of that State could deal with the sanctity of life and their own politicians.


33 posted on 01/25/2010 11:50:43 AM PST by Republic of Texas (Socialism Always Fails)
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