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The nomination has renewed a dillema I have with Roe v. Wade.... [View All]

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WeRQ4U Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-20-05 12:59 PM
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The nomination has renewed a dillema I have with Roe v. Wade....
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Roberts has been quoted as saying this:

"he Court's conclusion in Roe that there is a fundamental right to an abortion ... finds no support in the text, structure, or history of the Constitution."

Now everyone knows that this is, actually, quite true. There is nothing in the text of the constitution that outlines this specific fundamental right. It was the re-emergence of Substantive Due Process (a legal fiction invented by the Court) that brought about this decision. The dissenters in Roe were skeptical of it, and the arguments about it remain the same today. It obviously has dramatic effects on state's rights as well.

I am not a fan of substantive due process. I never have been. I despise legislative judiciaries regardless of which side they fall on. And I do not like the fact that judges may make decision based upon fictional clauses in an otherwise unambiguous article.

Now this is the dillema... .

I don't like the idea of states being able to prevent woman from choosing these procedures but I wholly agree with Mr. Roberts' conclusion in his opinion that the fundamental rights are not specifically availalbe in the constituion. I would prefer that Roe v. Wade NOT be overturned, however, despite my belief that it was incorrectly decided. I really have a hard time reconciling these beliefs.

What do you think? Is it reconcilable? Do you think I'm wrong? Or do you think I'm just a clueless asshole?
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