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#17
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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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