To: Kickass Conservative
If Im not mistaken, Roe v Wade limited Abortion based on the Viability of the Fetus. If correct, I guess the overall theme of Privacy ends when the Child can live outside the Womb. Again, Im not sure if that is outlined in the Ruling, but I know I read it somewhere, maybe even here on FR. And yes, I know Google is my friend, if I work for the NSA.
I think you're right.
My non-google thoughts are that the whole theme of privacy is just another case of judicial legislation. It's not in the Constitution and is no more legitimate than Roberts rewriting of ObamaCare.
12 posted on
10/31/2013 7:19:41 PM PDT by
Tula Git
(There IS a coup in America and it's on track and almost complete.)
To: Tula Git
I don't have time to outline all abortion jurisprudence, but you should read Planned Parenthood vs. Casey (1992).
It's the sad one where in the original conference the vote was 4-4 to overrule Roe. Justice Kennedy was apparently hoping to get O’Connor to join him so it would be 6-3.
When she wouldn't he eventually caved and sent a note to Blackmun saying he had news that Blackmun would find welcoming. Blackmun then smiled and wrote out a short note saying “Roe sound”.
Rehnquist was to write the majority opinion and then received the news that his opinion would be the minority.
Apparently Scalia went over to Kennedy's house the night before the opinion was handed down for one last appeal.
The point of this is that Kennedy is a bastard, and that Roe was essentially modified by PP v. Casey. That's where they got the undue burden test.
The libs had to concede a few points regarding the right of states to regulate abortion just to get his vote.
To see how that worked out take a look at Stenberg v. Carhart (2000) where Kennedy dissented in the 5-4 ruling which struck down Nebraska's ban on partial birth abortion.
The majority used Kennedy's opinion in Casey to support their decision and an incensed Kennedy wrote the dissent.
I believe Scalia wrote a separate dissent basically saying to Kennedy “I told you so dumb ass, what did you expect?”
Since then the federal ban on partial birth abortion was upheld 5-4 after O’Connor was replaced with Alito.
Hope the history lesson wasn't too boring FRiend.
16 posted on
10/31/2013 8:43:12 PM PDT by
Clump
( the tree of liberty is withering like a stricken fig tree)
To: Tula Git
Yep, another made up ruling.
The Supreme Court bends itself into a Pretzel to make Liberal Wet Dreams a reality.
18 posted on
10/31/2013 8:56:05 PM PDT by
Kickass Conservative
(Good news, Federal Funding for my Tagline has been restored. Crisis averted.)
To: Tula Git
Roe v. Wade was amended by Doe v. Bolton, also in 1973, which said an abortion at any time is acceptable for the “mental or emotional health” of a woman procuring one. The American people, probably 55 percent, strongly support this “thinking”.
31 posted on
11/01/2013 9:28:57 AM PDT by
Theodore R.
(The grand pooh-bahs have spoken: "It's Jebbie's turn!" to LOSE!)
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