Skip to main content

View Diary: Understanding the Right to Privacy And the Right to Choose (322 comments)

Comment Preferences

  •  Are you kidding?!? (none)
    Reread the first sentence in that quote, Armando:

    From what we have said so far, it follows that it is a constitutional liberty of the woman to have some freedom to terminate her pregnancy.

    "Some freedom" is not what strict scrutiny protects.

    "Fundamental rights" are what strict scrutiny protects.

    That is why Casey is so troubling to supporters of legal choice.

    More from your quote:

    the State has a legitimate interest in promoting the life or potential life of the unborn

    "Legitimate" interests are not what strict scrutiny demands.

    "Compelling" interests are what strict scrutiny demands.

    Finally, you betray in this comment a fundamental misunderstanding of what the compelling state interest test is.  It's a test used to judge, on a case-by-case basis, particular restrictions of a right.  It is not a test used by the Court to determine the scope of rights in the first instance, which is what the Casey Court is doing in the section you quote.


    •  The timing is the issue (none)
      And that you don't recognize that shows me you don't understand Roe one bit.

      Viability is the issue.

      The SCOTUS is Extraordinary.

      by Armando on Wed Oct 19, 2005 at 10:21:40 AM PDT

      [ Parent ]

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site