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View Diary: A Big Tent? (289 comments)

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  •  Roe v Wade specifically gives a right to privacy; (none)
    not a right to abort.  Abortion is determined to be allowable because, since it is no one's business to inquire about the state of a supposed pregnancy until it is so far along that it simply cannot be denied to be present, no one could possibly know whether a person is actually being injured or not, other than the mother and her privacy protected medical servants.  Therefore the court determined that a right to privacy provides for the protection of legal abortions before the third trimester.  Privacy provides the right, specifically, to deny that abortion is hurting anyone where no one has the right to look.  
    •  Umm, no. (none)
      The decision is based on the right to privacy, but it is simplistic and completely inaccurate to say that it is because the fact that the woman is pregnant is private.  The decision balanced the interest of the state in protecting the life and health of women with the interest of the state in protecting potential human life, and is in fact a compromise.  (See Wikipedia for an evenhanded and nonpartisan description of the decision.)

      And for those conservatives who claim to adhere strictly to the "original intent" of the Constitution, the justices determined that, because abortion had only been criminalized relatively recently, the original intent of the equal protection clause did not include protecting the unborn.

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