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Old 11-07-2005, 09:53 AM
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Default Re: Roe v. Wade Question

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Is this a valid description of Roe v. Wade?

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No. Look around. There are a wide variety of restrictions on abortion, not a "national solution". What courts have held is that there are some restrictions that are constitutionally impermissible. Setting a floor is not a "national solution".

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Do any pro-choicers feel that Roe v. Wade was a poor decision, and/or would they support overturning it if it were replaced by measures that could keep abortion legal (by, say, making it a state issue instead of a federal one)?

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The decision wasn't a model of jurisprudence. That having been said, I would not support the Supreme Court "overturning" (i.e., overruling) the essential holdings of Roe and Casey (the real operative decision now), for a number of reasons, not the least of which is the damage it would cause to the Supreme Court as an institution.

I would support a carefully written Consitutional Amendment that has the simultaneous effect of permitting states to outlaw abortion (subject only to as-applied constitutional challenges) BUT ALSO absolutely prevents any federal restriction of abortion and any state criminalization of travel for the purpose of obtaining an abortion.
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