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View Diary: The Power Of The State: Privacy Rights and Economic Rights (296 comments)

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  •  I, along with Justice Ginsburg, (none)
    agree with you that Roe could have and should have been decided differently by focusing on Equal Protection rather than due process.

    I believe Ginsburg's view on this came up during her hearings. It certainly didn't mean that she would vote to overturn Roe, which she wouldn't do.

    However, I think it indicates that you can still be a liberal without believing that substantive due process is the way to assist those left out of the political process. In fact, Equal Protection is probably a better avenue, as it probably would have been in Roe.

    So, in short, I agree with you, Paleo, insofar as you make the case that a committment to substantive due process is the defining characteristic of a "liberal" approach to constitutional law.

    Dems will fight for a Renewed Deal with the American people.

    by Hoyapaul on Thu Nov 03, 2005 at 11:06:12 AM PST

    [ Parent ]

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