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To: AntiGuv

AntiGuv, I was thinking just like you a few minutes ago, but read Justice Thomas’s concurrence (I posted a couple of sentences from it earlier on this thread.) He clearly states that the federalism issue was never raised in this case.


269 posted on 04/18/2007 8:26:21 AM PDT by sola_fide
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To: sola_fide
Yep, we are in agreement. The reason that the federalism issue was not raised is because the ban was (to state the obvious) challenged by supporters of Roe v Wade and they know that federal authority over abortion is a central tenet of Roe v Wade. If they challenged on the basis of federalism and they won then it would be a pyrrhic victory on their part, because that would undermine a key pillar of Roe v Wade. They would win the battle by risking the war, much as in this ruling opponents of Roe v Wade have won a battle by risking the war. Unfortunately, the status quo puts opponents of Roe on shakier ground than proponents.

What should've been done by opponents of Roe was to get another state to pass a PBA ban, slightly modified from the Stenberg ban, and to thereby give the Court a case with which to effectively reverse Stenberg.

296 posted on 04/18/2007 8:35:15 AM PDT by AntiGuv ("..I do things for political expediency.." - Sen. John McCain on FOX News)
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To: sola_fide
AntiGuv, I was thinking just like you a few minutes ago, but read Justice Thomas’s concurrence (I posted a couple of sentences from it earlier on this thread.) He clearly states that the federalism issue was never raised in this case.

Does this mean that the Justices can only consider those issues which the sides bring up? If for example a Justice considers a law unconstitutional because of a particular amendment, but that particular amendment is not raised by one of the sides, then the justice may not use that in the decision making process or quote it in an opinion ?
325 posted on 04/18/2007 8:54:19 AM PDT by ConstitutionandFreedom
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