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Originally Posted by pan6467
Knew someone would use the first paragraph as an argument. Murder, rape, theft etc. affect other people and those laws are not. Nor do we have judges determinig if they are legal or illegal, nor are they federal crimes (under normal circumstances, they are state.
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Abortion doesn't affect anyone else? It affects both the killed child and the father who had his child killed.
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Abortion, agree or disagree philosophically, pretty much affects only her and she will have one if she wants one, (falling downstairs, pill overdose, hack doctors etc.). I do not agree with abortion but it is up to local governments and communities to decide. An overturning would just make it a federal crime and then what? We put women in prison who "accidently" fall downstairs or pill od?
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No, just like accidental deaths, there would be trials to determine if the child's life was deliberately ended. If it wasn't, the woman would go free.
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No matter how you slice it, it is still legislating and disallowing the people in communities to run their own localities.
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So you would be fine if a community voted that sodomy was illegal? Or what if they outlawed red cars? Or what if a community were to ban abortion, would you condemn those who brought that case before the SC?
There's a difference between legislating and ruling that I think you aren't seeing. A judge's job should be to judge the constitutionality of certain laws. If a community makes a law that is not constitutional, then it should be eliminated. However, activists go beyond this-they take outside concerns into their decisions in determining if a law is legal.