Comments on: What Occurs If Roe v. Wade Is Overturned? http://www.thelibertypapers.org/2007/03/12/what-occurs-if-roe-v-wade-is-overturned/ Life. Liberty. Property. Defending individual freedom and liberty, one post at a time. Wed, 08 Feb 2012 17:04:34 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: trav.is http://www.thelibertypapers.org/2007/03/12/what-occurs-if-roe-v-wade-is-overturned/#comment-17100 trav.is Tue, 13 Mar 2007 23:38:29 +0000 http://www.thelibertypapers.org/2007/03/12/what-occurs-if-roe-v-wade-is-overturned/#comment-17100 Roe should be overturned regardless of which political tribe one belongs to. Roe is a dubious law - based entirely on a legally shaky right to privacy. Conservatives should want it overturned and sent to the states and abortion made illegal based on the personhood of the fetus - right to life attaches. Liberals should want it overturned and sent to the states and abortion made legal on a substantial framework such as proving the fetus is not a person - no right to life. If not, they will constantly find themselves having to fight this battle over and over again. Unfortunately, extremists on both sides are not that rational and constitutionally-minded. Roe should be overturned regardless of which political tribe one belongs to. Roe is a dubious law – based entirely on a legally shaky right to privacy.

Conservatives should want it overturned and sent to the states and abortion made illegal based on the personhood of the fetus – right to life attaches.

Liberals should want it overturned and sent to the states and abortion made legal on a substantial framework such as proving the fetus is not a person – no right to life. If not, they will constantly find themselves having to fight this battle over and over again.

Unfortunately, extremists on both sides are not that rational and constitutionally-minded.

]]> By: WJ http://www.thelibertypapers.org/2007/03/12/what-occurs-if-roe-v-wade-is-overturned/#comment-16960 WJ Tue, 13 Mar 2007 10:54:23 +0000 http://www.thelibertypapers.org/2007/03/12/what-occurs-if-roe-v-wade-is-overturned/#comment-16960 You are wrong on what ALL (or the majority of) conservative republicans want. How can you say that you know the MINDS of other people? We want Roe v Wade to be overturned so that the abortion issue goes back to EACH state to decide politically, not by judicial overlords. You are wrong on what ALL (or the majority of) conservative republicans want. How can you say that you know the MINDS of other people?

We want Roe v Wade to be overturned so that the abortion issue goes back to EACH state to decide politically, not by judicial overlords.

]]> By: Shack http://www.thelibertypapers.org/2007/03/12/what-occurs-if-roe-v-wade-is-overturned/#comment-16959 Shack Tue, 13 Mar 2007 10:09:45 +0000 http://www.thelibertypapers.org/2007/03/12/what-occurs-if-roe-v-wade-is-overturned/#comment-16959 You are correct that the ideal outcome from a pro-life perspective would be for the Supreme Court to reverse Roe v. Wade by declaring the unborn a person and then applying the Fourteenth Amendment. (Roe itself touched on this, and its justification for then denying that the unborn is a person--for all intents and purposes, an argument from silence--is, in my opinion, stunningly flimsy.) However, this is not the only way the ruling might be overturned, and it might well be considered the least likely outcome of all, given the drastic and sudden shift such a ruling would generate. It's far more likely that the Court would overturn Roe while at the same time either upholding or not examining the finding that the unborn is not a person. With neither side being able to claim a Constitutional imperative, this would return regulation of abortion to the states, as McCain et al claim--for the time being, anyway. (This is an issue that, like slavery before it, will in all likelihood eventually require a national resolution; however, as of yet neither side is anywhere near that point.) You are correct that the ideal outcome from a pro-life perspective would be for the Supreme Court to reverse Roe v. Wade by declaring the unborn a person and then applying the Fourteenth Amendment. (Roe itself touched on this, and its justification for then denying that the unborn is a person–for all intents and purposes, an argument from silence–is, in my opinion, stunningly flimsy.)

However, this is not the only way the ruling might be overturned, and it might well be considered the least likely outcome of all, given the drastic and sudden shift such a ruling would generate. It’s far more likely that the Court would overturn Roe while at the same time either upholding or not examining the finding that the unborn is not a person.

With neither side being able to claim a Constitutional imperative, this would return regulation of abortion to the states, as McCain et al claim–for the time being, anyway. (This is an issue that, like slavery before it, will in all likelihood eventually require a national resolution; however, as of yet neither side is anywhere near that point.)

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