Would a compulsory abortion law be constitutional? (user search)
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  Would a compulsory abortion law be constitutional? (search mode)
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Question: Would a compulsory abortion law be constitutional?
#1
Constitutional (Roe supporter)
 
#2
Unconstitutional (Roe supporter)
 
#3
Constitutional (Dobbs supporter)
 
#4
Unconstitutional (Dobbs supporter)
 
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Partisan results

Total Voters: 49

Author Topic: Would a compulsory abortion law be constitutional?  (Read 679 times)
Former President tack50
tack50
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« on: June 30, 2022, 06:06:44 PM »

Unconstitutional (Dobbs supporter)

There is a more fundamental liberty interest implicated by forced abortions since they necessarily contain an element of physical force and/or restraint. 

Dobbs is also pretty clear that it isn't denying the existence of substantive due process rights or a more specific substantive due process right to privacy; the fundamental error in Roe was extending such a right to include abortion without any constitutional rationale (i.e., that abortion was "deeply rooted" in our nation's history and traditions.) 

What about if the law was not literally pinning women down to a table and giving them an abortion, but fining or imprisoning them if they did not voluntarily submit to the procedure?

Its not a fine, its a tax.
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Taxation is theft though Wink
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