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Old 09-19-2005, 05:06 PM
DVaut1 DVaut1 is offline
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Join Date: Nov 2004
Location: Ann Arbor, MI
Posts: 27
Default Re: Constiutional thought question

[ QUOTE ]
Invalid by 14th Amendment Analysis - right to have children is fundamental right.

[/ QUOTE ]

As benman and I have been going back and forth, though - such a reading of the 14th Amendment (a reading which allows for substantive due process to invalidate child-limiting laws) are likely contentious for textualists like Scalia.

In other words, I think the 14th Amendment would invalidate such child-limiting laws; but I don't think that ends the debate (duh) - clearly, some brilliant jurists like Scalia would (likely) disagree
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