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To: ravingnutter
Much as I would support having all 50 states ban partial-birth abortion, I'm somewhat torn over this bill. Homicide is a matter of state jurisdiction, and different states use their authority to create different rules. In some states, ambushing a night-time vandal with a shotgun would be considered first degree murder. In Texas, it's legal (not saying it's a good idea, but it's legally allowed).

I find it hard, then, to justify having the federal government imposing new homicide laws on the states. To be sure, the status quo in which babies are legally unprotected is unacceptable, but the problem isn't that states don't want to protect them but rather that the federal government won't let them.

The real problem isn't with the states, but is instead with the Supreme Court. I see no basis that this proposed statute would better withstand a court challenge than have state laws which have been struck down. If the court gets reformed enough to uphold the proposed statute, I see no reason it couldn't just allow states their authority to restrict homicide.

36 posted on 02/28/2003 11:27:25 PM PST by supercat (TAG--you're it!)
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To: supercat
"The real problem isn't with the states, but is instead with the Supreme Court."

I agree, but I think the Fed Govt should take this bill up because it creates awareness of how liberal the Supreme Court is, and it makes it easier to suggest that being pro-life is a moderate position...
49 posted on 03/02/2003 12:57:22 PM PST by votelife (call Frist/Hatch and support Estrada!)
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