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

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  •  That is answered in the same opinion (none)
    Again quoting from Justice Stevens' Casey concurring opinion, linked above.

    The Court in Roe carefully considered, and rejected, the State's argument "that the fetus is a 'person' within the language and meaning of the Fourteenth Amendment." 410 U.S., at 156. After analyzing the usage of "person" in the Constitution, the Court concluded that that word "has application only postnatally." Id., at 157. Commenting on the contingent property interests of the unborn that are generally represented by guardians ad litem, the Court noted: "Perfection of the interests involved, again, has generallybeen contingent upon live birth. In short, the unborn have never been recognized in the law as persons in the whole sense." Id., at 162. Accordingly, an abortion is not "the termination of life entitled to Fourteenth Amendment protection." Id., at 159. From this holding, there was no dissent, see id., at 173; indeed, no member of the Court has ever questioned this fundamental proposition. Thus, as a matter of federal constitutional law, a developing organism that is not yet a "person" does not have what is sometimes described as a "right to life."  This has been and, by the Court's holding today, remains a fundamental premise of our constitutional law governing reproductive autonomy.

    ModestNeeds.org Response For Hurricane Evacuees

    by socal on Wed Oct 19, 2005 at 08:46:28 AM PDT

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