Thursday, February 19, 2004

Roe v. Wade, Two

Perhaps Roe will be re-opened afterall. If the 5th Circuit takes the case for a ride, then the US Supreme Court could get into the act rather quickly - certainly the 9th is would be acting contrary, thus opening a conflict for the Supremes to resolve. But that seems like a rather quick addressing of a 30 year old issue.

As discussed below, though, the primary issue in Roe was not abortion but the right to privacy. The courts would need to affirm the right to privacy but find that it does not apply to abortion. This could be done by recognizing a fetus as a person having rights co-equal to the mother. Should be interesting.

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