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re: 5th Circuit in NOLA tosses injunction. Texas abortion clinics to close.

Posted on 10/3/14 at 8:54 am to
Posted by Elephino
2nd floor, stall 3. Bring paper
Member since Sep 2008
519 posts
Posted on 10/3/14 at 8:54 am to
So they actually did argue on the terms of a "constitutional right to terminate a pregnancy"? So what article or amendment is this right being associated? Again, not being an arse. I'm just trying to rationalize a ruling such as this with the number of fetal homicide laws that exist in nearly 40 states. I completely understand these laws are intended to make abortion as difficult as possible.
Posted by The Spleen
Member since Dec 2010
38865 posts
Posted on 10/3/14 at 9:08 am to
quote:

So what article or amendment is this right being associated?


I forget which one specifically(14th maybe?), but the Roe v. Wade decision was based on the privacy clause, and hinged on the privacy of the decision made between a doctor and a patient. Anti-abortion folks haven't been able to crack that decision, so have gone this route to close abortion clinics. Not sure what constitutional argument the pro-abortion folks are using to fight these laws.
Posted by FalseProphet
Mecca
Member since Dec 2011
11708 posts
Posted on 10/3/14 at 9:11 am to
quote:

So what article or amendment is this right being associated?


The privacy clause and penumbra of the constitution.

I'm having a hard time believing you've never heard of Roe v. Wade and Planned Parenthood v. Casey.
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