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View Diary: Justice Thomas Gets One Right (130 comments)

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  •  Roe vs Wade WAS wrongly decided (none)
    The constitution does not cover abortion.  If you want abortion legal, then fine, just MAKE IT A LAW.

    Stop having the courts decide what is legal and what is not.  That is up to the legislative branch.  It's a dangerous precedent.

    •  constitution protects individual autonomy (none)
      I am curious as to what you mean when you say this is dangerous precedent.  Roe has been the law for over thirty years.  Can you point to any decisions that it spawned that are "dangerous"?

      Platitudinous speeches before friendly audiences won't calm unsettled minds. DMN

      by sophiebrown on Mon Sep 12, 2005 at 08:41:35 AM PDT

      [ Parent ]

      •  It's dangerous because... (none)
        the judicial branch shouldn't decide what is law.  You said "Roe has been the law for over thirty years."  Who voted for it?  Elected representatives?  No.  They had to stretch the meaning of "privacy" to somehow include abortion.

        I shouldn't say it was a precedent because it wasn't the first time the court interpreted an amendment way beyond its literal text.  Therefore I can't point to any "dangerous" decisions that were necessarily spawned by Roe because it's been going on since the country was founded.

        One recent decision however is the Kelo vs New London case in which the high court decided that private property could be seized by the government for use by a private third party which goes against the 5th amendment which states that private property can only be taken for "public" use (with compensation).  This is an example of a dangerous use of stretching the interpretation of law.  The dangerousness here was not spawned by Roe but is still related.

        We probably won't agree, but be nice!

        by Daily Chaos on Mon Sep 12, 2005 at 09:10:50 AM PDT

        [ Parent ]

        •  with all due respect (none)
          you are mixing a lot of apples and oranges here.  

          roe followed pretty well from griswold v. connecticut, in my opinion, a case that found that states could not prevent married couples from using birth control.  

          kelo had nothing but nothing to do with any of this.  In fact, the decision in kelo actually deferred to elected officials, and the result you would advocate would require the court to create a limitation on power of elected officials (arguably without any provision in the constitution to justify it).

          you are a person with great mistrust for decisions by non-elected judges.  I have a great mistrust for politicians who cave in to the will of the majority in a way that infringes on minority rights.  The framers mistrusted both, and that's why they divided power in the way they did.  You seem to want to forget that the constituion is a counter-majoritarian document in many ways.

          Platitudinous speeches before friendly audiences won't calm unsettled minds. DMN

          by sophiebrown on Mon Sep 12, 2005 at 09:19:25 AM PDT

          [ Parent ]

          •  I just want... (none)
            a true democratic process, where the legislative branch defines what is legal and a judicial branch that can apply those standards to individual cases.  I hold great trust for many judges.  The cases I listed are an exception to the rule, but are still dangerous decisions because they erode the PROCESS set forth by the framers of this country.

            It's not a pro-choice vs. pro-life issue, so I hope no one gets that idea.  What if tomorrow the supreme court decides that gun control is not constitutional?  From then on, only the supreme court (not congress) can change the legality of guns.  What has happened with Roe is that the supreme court now owns the issue.  We the people have no control over it.  That works out well for those who are pro-choice, but apply the same standards to other issues and you can see how dangerous such decisions can be.

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