Posted by manualblock [ 69.112.69.86 ] on October 05, 2005 at 16:41:53:
In Reply to: Re: better qualified than.... posted by Bob Brines on October 05, 2005 at 16:29:13:
I'm sorry I am not sure what the situation is in Arkansas. How is it the Commerce Clause regulates abortion rights there?
The issue with abortion is whether there is a privacy right implied in the language of the Constitution. Without beating a dead horse I think in a personal vein that if that is true than it would be unconscionable to allow the states to take that right away. So I think that would be the issue at hand.
Interesting to see the arguments occuring this week on assisted suicide.
Scalia asked if allowing Doctors to use opiates to end a life would lead Doctors to prescribe opiates for the Mentally Depressed in order to make them happy. That is why I am not a fan of the court at this time; due to silly questions like that.
To tie your hands with proscriptions against ruling on anything not explicitely stated in the Constitution would seem disengenous to me.
Simply put; it seems that the Legislative power is there to accomplish anything the ruling party desires, consequently we have a Judiciary that can spread the cultural changes over a wide span.
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