SPC
Chuck Hagel 08
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Posts: 10,003
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« on: July 26, 2007, 10:28:48 PM » |
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I would hope that the Court leave the decision to the states. From a Constitutional point of view, abortion isn't mentioned in the Constitution, and the 10th Amendment would leave the issue up to the states. A rebuttal could be made that the combination of the 9th Amendment, which bans government from denying the people certain rights, and the 14th Amendment, which applies the Bill of Rights to the state level, that the woman's right to choose would be protected under the Bill of Rights. However, if the state law states that life begins at conception, it could be argued that the fetus's right to life would also be protected under the Constitution, thus invalidating the argument. If that was the case, that the state law states that life begins at conception, than they would either have to allow the states to be in charge of the issue or "legislate from the bench".
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