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Old 07-06-2005, 12:22 PM   #9 (permalink)
alansmithee
Junkie
 
Quote:
Originally Posted by pan6467
Another case, overturning Roe Vs. Wade...... the GOP want judges to overturn this, but it interferes with a freedom, and the state and localities' rights to choose if they want it. That is legislating from the bench..... making illegal an act of freedom on "moral" principles.
This is also done for murder, rape, assault, drunk driving, battery, fraud, forgery, etc. etc. etc. These are all illegal for "moral principles".

As for abortion being a "freedom", nowhere in the constitiution does it say a woman has the right to kill her unborn child.

Judicial activism is when a judge goes outide of the law to rule in a way that they feel is best, despite there being no sound legal basis. Roe v. Wade is a textbook case of this. As I said before in another thread, there's nothing wrong with a judge writing in their opinion that they feel a law should be changed, but it should be left to the legislature, and not the judge making some specious legal argument for rewriting a law or the constitution.
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