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Reply #12: I'm not sure about that. [View All]

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-..__... Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-05-06 07:57 PM
Response to Reply #3
12. I'm not sure about that.
It depends on which constitutional framework the SCOTUS applies.

If they decide against Roe based on states rights (10th amendment), then abortion would become a red/blue state issue and not an issue to be regulated by the federal government. However, what if they decide that life begins at conception (as the fundies would have us believe), and therefore a fetus is granted "full immunities and privileges" under the 14th amendmnet... basically, a fetus is a US citizen and the interests of the federal government supersede the rights/citizenship of the states.

Another hypotetical... suppose the SCOTUS does rule that abortion rights shall be decided by the states?
Is there any possibility that one state can make a "commerce clause" case that would prohibit traveling from a ban state to a no ban state?

I'm also not entirely certain that there is a clear dividing blue state/red state line here.

Certainly there are red states that would like to ban the procedure altogether. There are blue states that while they might not take the extreme approach, they could foreseeabley place certain restrictions... partial-birth ban, parental notification, etc.

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