StrangerThan -> RE: Religious Wrong gets smacked down again (9/1/2011 8:44:49 PM)
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ORIGINAL: DomKen quote:
ORIGINAL: StrangerThan Bullshit. You have proved nothing. And if you don't think wording it that way wasn't a way of highlighting the fact we do indeed have a constitutional class of people it is legal to kill, you'd have to be mentally slower than dirt. Why don't you quit putting words in their mouths? They said, again, slowly for you, that The court did not need to consider the constitutionality of the law's preamble, as it is not used to justify any abortion regulation otherwise invalid under Roe v. Wade. The only way to arrive at that conclusion is to review the law in context of the preamble. Again, bullshit. Take it to court. I'll find you a test case. Try it under the same law. I'm willing to bet you don't get past the first judge that hears your case. Note, willing to bet... so you want to put your money where your mouth is? I am. Not to be insulting, although I should be the way you are behaving, but can you read for comprehension. You are acting like that sentence is verbatim from the ruling. What the court actually said quote:
This Court need not pass on the constitutionality of the Missouri statute's preamble...The extent to which the preamble's language might be used to interpret other state statutes or regulations is something that only the state courts can definitively decide, and, until those courts have applied the preamble to restrict appellees' activities in some concrete way, it is inappropriate for federal courts to address its meaning. IOW SCOTUS is not considering the preamble language unless someone tries to use it to make abortion murder which is what I already said several times. I'm assuming you read this. The link below is from Cornell. http://www.law.cornell.edu/supct/html/historics/USSC_CR_0492_0490_ZS.html If you can read that, and assert this language received no judicial review, leaving it intact as is, then I'm not going to slap my English teacher. I'm going to hunt down yours. For clarity the justices reviewing it are noted as REHNQUIST, C.J., announced the judgment of the Court and delivered the opinion for a unanimous Court with respect to Part II-C, the opinion of the Court with respect to Parts I, II-A, and II-B, in which WHITE, O'CONNOR, SCALIA, and KENNEDY, JJ., joined The context of the decision is noted in the second sentence, noting the error the Court of Appeals had made in invalidating the preamble. Nice how you skipped that part. Ellipsis are convenient, aren't they. They certainly can hide the exact consideration you insist never happened. The decision: THE CHIEF JUSTICE delivered the opinion of the Court with respect to Parts I, II-A, II-B, and II-C, concluding that: 1. This Court need not pass on the constitutionality of the Missouri statute's preamble. In invalidating the preamble, the Court of Appeals misconceived the meaning of the dictum in Akron v. Akron Center for Reproductive Health, Inc., 462 U.S. 416, 444, that "a State may not adopt one theory of when life begins to justify its regulation of abortions." [p491] That statement means only that a State could not "justify" any abortion regulation otherwise invalid under Roe v. Wade on the ground that it embodied the State's view about when life begins. The preamble does not, by its terms, regulate abortions or any other aspect of appellees' medical practice, and § 1.205.2 can be interpreted to do no more than offer protections to unborn children in tort and probate law, which is permissible under Roe v. Wade, supra, at 161-162. This Court has emphasized that Roe implies no limitation on a State's authority to make a value judgment favoring childbirth over abortion, Maher v. Roe, 432 U.S. 464, 474, and the preamble can be read simply to express that sort of value judgment. The extent to which the preamble's language might be used to interpret other state statutes or regulations is something that only the state courts can definitively decide, and, until those courts have applied the preamble to restrict appellees' activities in some concrete way, it is inappropriate for federal courts to address its meaning. Alabama State Federation of Labor v. McAdory, 325 U.S. 450, 460. Pp. 504-507.
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