[MD] Morality, Abortion and the MoQ
Michael Poloukhine
moq at poloukhine.com
Mon Mar 30 13:57:45 PDT 2009
> [Krimel]
> Actually the Roe v Wade decision is a brilliant exercise in
> jurisprudence and the line they drew was the age of viability. Prior
> to that time, about 28 weeks, all of the rights accrue to the
> mother's wishes; after that time the rights increasingly shift toward the
> fetus
MP: LoL. Krimel the civics 'expert' strikes again.
The simple truth is that Jurisprudence is NOT about drawing lines, it is about
*reading* them. The court had no place to draw that line. Its not its job. Its OUR
job, through law. The court may only read the lines drawn by law and judge
whether they exceed the limits allowed those lines in the US Constitution.
And while I'm at it, R v. W was not about mother's rights / fetus rights, it was
about mother's rights / State rights.
Most legal scholars (Ruth Ginsburg among them, btw) feel the opinion as
written was really poorly done. Instead of settling the issue, it igninted a culture
war. It did so precisely *because* it drew a line it had no place drawing.
If R v. W had been about defining life under the Constitution, THAT might have
been brilliant.
MP
----
"Don't believe everything you think."
More information about the Moq_Discuss
mailing list