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Reply to "Ohio heartbeat law"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Texas is looking at an similar law to Indiana's, after having lost recently. The courts will strike all of these laws down. [b]But it will take time[/b].[/quote] Yes, like a couple of administrations. That is too long. [/quote] Trial and appellate courts are compelled to follow precedent in accordance with the doctrine of state decisis. Even if a trial judge goes rogue, it is much more difficult for an appellate panel to uphold any such ruling. And it will be difficult for SCOTUS to throw out the well-established right to privacy [b]now recognized under several Constitutional amendments. [/b] [/quote] Which constitutional amendments would those be? [/quote] First, Fourth, Fifth, Ninth and Fourteenth. [/quote] All SCOTUS needs to do is overturn its prior decision in Roe v. Wade, which falsely determined that unwritten "penumbras" in the amendments you listed provide a right to privacy. SCOTUS could also easily conclude that the constitution applies to the unborn and that laws allowing them to be murdered are unconstitutional. This would ban abortion in all 50 states. [/quote] Be careful. There are lots of things that are unwritten that conservatives like. While it may be safely argued that the SC shouldn't have gone so far as to prescribe the trimester demarcation, it is generally accepted (even by the Scalias out there), that there is more to language and context than the simple written word. [/quote]
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