23 February 2006
South Dakota Bill Bans Most Abortions
by jasontromm (via)South Dakota moved closer to imposing some of the strictest limits on abortion in the nation as the state Senate approved legislation that would ban the procedure except when the woman's life is in danger.
()()Could this bill lead to the test case that will be used to overturn Roe v. Wade?
31 January 2006
Federalizing Social Policy
by jasontrommRoe v. Wade was wrongly decided, but not because the Supreme Court presumed to legalize abortion rather than ban it. Roe was wrongly decided because abortion simply is not a constitutional issue. There is not a word in the text of that document, nor in any of its amendments, that conceivably addresses abortion. There is no serious argument based on the text of the Constitution itself that a federal "right to abortion" exists. The federalization of abortion law is based not on constitutional principles, but rather on a social and political construct created out of thin air by the Roe court.
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