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To: Conservativegreatgrandma
This means the unborn child is a person, at least at a certain point.

No it doesn't mean that at all. It just means abortion commerce can be federally regulated as long as a woman's right to abortion is not unduly burdened (but we already knew that), and this law creates no such burden (the Court's saying as much is what's new here). In other words, the fact that the law won't stop a single abortion is pretty much why it was upheld. If the law actually interfered with women's abortion rights, it would have been struck down.

790 posted on 04/18/2007 6:34:54 PM PDT by Sandy
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To: Sandy

” In other words, the fact that the law won’t stop a single abortion is pretty much why it was upheld.”

Uh no, did you actually read the opinion? Kennedy specifically mentions how it might encourage some women to carry their pregnancies to full-term.


867 posted on 04/18/2007 11:25:07 PM PDT by NinoFan
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To: Sandy
To further clarify, Kennedy makes a distinction between prohibiting and stopping by discouragement. He CLEARLY thinks the law may very well discourage some women from getting abortions, thus decreasing the amount of abortions. In other words, it will save some lives. From the opinion: "It is a reasonable inference that a necessary effect of the regulation and the knowledge it conveys will be to encourage some women to carry the infant to full term, thus reducing the absolute number of late-term abortions. The medical profession, furthermore, may find different and less shocking methods to abort the fetus in the second trimester, thereby accommodating legislative demand. The State’s interest in respect for life is advanced by the dialogue that better informs the political and legal systems, the medical profession, expectant mothers, and society as a whole of the consequences that follow from a decision to elect a late-term abortion."
869 posted on 04/18/2007 11:32:46 PM PDT by NinoFan
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