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PUBLIC MARKS from jasontromm with tags court & privacy

01 March 2006

Mo. Court Upholds 24-Hour Abortion Wait

The Missouri Supreme Court has upheld the state's 24-hour waiting period for abortions, a decision that turns the focus of the legal battle to federal court. The unanimous ruling Tuesday by Missouri's highest court focused on whether the 2003 law ran contrary to the state constitution. The judges rejected arguments that it was overly vague and deprived people of liberty and privacy rights.

31 January 2006

Federalizing Social Policy

Roe v. Wade was wrongly decided, but not because the Supreme Court presumed to legalize abortion rather than ban it. Roe was wrongly decided because abortion simply is not a constitutional issue. There is not a word in the text of that document, nor in any of its amendments, that conceivably addresses abortion. There is no serious argument based on the text of the Constitution itself that a federal "right to abortion" exists. The federalization of abortion law is based not on constitutional principles, but rather on a social and political construct created out of thin air by the Roe court.

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