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To: sitetest
As so far interpreted by the courts, Roe does not permit a ban of partial birth abortions.

The problem resides in the lack of the exception clause regarding rape, incest and health.

It is the health clause that needs court limitations, and I believe that can be done without violating Roe.

The Nebraska case is a good example of this. Without the clause, it is deemed unconstitutional, but if the health portion was clarified and restricted, it might well be possible to pass all of these restrictions.

I think the majority would approve as well.

1,479 posted on 11/14/2004 1:03:49 PM PST by Cold Heat (There is more to do! "Mr. Kerry, about that Navy discharge?")
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To: Cold Heat

Dear Cold Heat,

"It is the health clause that needs court limitations, and I believe that can be done without violating Roe."

You may believe that, but the Supreme Court doesn't.

Actually, the health thingy is technically a part of Doe v. Bolton. But these are companion cases, issued on the same day, one to establish the principle, the other to provide significant guidance as to how to interpret the principle.

Doe v. Bolton holds that "health" means just about anything, including relieving anxiety from missing the prom.

And the Supreme Court has held to this.

If you wanna tighten up the "health" clause, you're going to have to overturn the entire contraption of Roe and Doe.

Sorry.


sitetest


1,481 posted on 11/14/2004 1:07:37 PM PST by sitetest (If Roe is not overturned, no unborn child will ever be protected in law.)
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