Roe v. Wade
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  General Discussion
  Constitution and Law (Moderator: Okay, maybe Mike Johnson is a competent parliamentarian.)
  Roe v. Wade
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Poll
Question: What is your position on Roe?
#1
Pro-choice/Pro-Roe
 
#2
Pro-choice/Anti-Roe
 
#3
Pro-life/Pro-Roe
 
#4
Pro-life/Anti-Roe
 
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Partisan results

Total Voters: 67

Author Topic: Roe v. Wade  (Read 31003 times)
Emsworth
Junior Chimp
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« Reply #100 on: July 18, 2007, 10:34:31 AM »

I think a good way to look at that concept would be to ask outside of having a law on the books just to make a point, how would you be able to enforce such a law without violating the constitution. Could you be able to enforce a law like this without searching without a warrant? Could you be able to substantiate all the elements of the crime you claim to beyond a reasonable doubt...
It is, perhaps, impossible to perfectly enforce any law, with or without violating the Constitution. However, it is clear that an anti-abortion law can be at least partially enforced without violating the Constitution. For instance, one could only prosecute when a woman confesses to performing an abortion.
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Person Man
Angry_Weasel
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« Reply #101 on: July 18, 2007, 11:21:59 AM »
« Edited: July 18, 2007, 11:23:33 AM by Angry_Weasel »

Yes, but how can one get a confession. That sounds kinda shady. Also, are you really going to prosecute women? I don't think there has ever been a pro-life law like that in our country, at least the Texas law that was struck down allowed women to perform abortions on themselves. Although I see where you are going. I believe that a "don't ask, don't tell" law could be constitutional and a good middle ground if Roe was overturned.
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Kaine for Senate '18
benconstine
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« Reply #102 on: October 26, 2007, 02:52:33 PM »

Pro Choice/Anti Roe.

The decision was poorly written, and legally unsound.  The opinion would have been much better off in the hands of a justice like Brennan; Blackmun was a capable justice, he was not strong enough at that stage in his career to craft a strong opinion.
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