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Roe v. Wade and why Kavanaugh matters so much
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Hypno Offline
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Post: #26
RE: Roe v. Wade and why Kavanaugh matters so much
ms224, you are confusing two different things.

As for abortion, what is likely to happen is some states will add restrictions on abortions. For example, parental notice, or you have to be 18. These limitations have been held to purchase a firearm, which is a fundamental right in the Bill of Rights, so its hard to imagine the current court not upholding these limits on invisible rights.
10-08-2018 06:36 AM
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kosko Offline
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Post: #27
RE: Roe v. Wade and why Kavanaugh matters so much
^^^ so privacy and invisible rights are not the same and not viewed the same in the Constitution? The issue was that the court originally conflated the two during the ruling of RvW? What is superceded? Aside from declared rights?

Also, why hasn't this been taken up as an official amendment? Wouldn't a line about the freedom over your (adult ) self be enough to encompass abortion (devil's advocate)? Or is it purely just on States having an interest to the protection of its citizens?

That is a lot I am putting out there for discussion but I'd like to keep the debate and conversation going in this thread.
(This post was last modified: 10-08-2018 08:39 AM by kosko.)
10-08-2018 08:38 AM
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Hypno Offline
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Post: #28
RE: Roe v. Wade and why Kavanaugh matters so much
If a right is fundamental, the government has a high burden to justify infringing that right. It need s a compelling interest. If it's not a fundamental right then the government has a very low standard, it needs to show merely a rational basis.

Griswold and Roe basically day that abortion, contraception are fundamental rights even though not enumeratd in the Constitution.

As far as amending the Constitution that is possible but requires approval by 38 states. So very difficult
10-08-2018 09:06 AM
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Cr33pin Offline
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Post: #29
Rainbow RE: Roe v. Wade and why Kavanaugh matters so much



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09-06-2019 02:00 PM
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