Quote:
Originally Posted by Ghostwriter
Again, my argument is that a State has the right to determine what rights are granted to their citizens.
|
Well, this is strongly oversimplified (which I imagine you realize, but for purposes of discussion we'll outline it) - states have the right to determine its own laws, provided those laws do not interfere with Constitutional/unalienable/etc. rights granted to the people, and the powers reserved by the Federal Government.
That distinction is important, because it's at the root of why what you want to happen (state-by-state legislation of early-trimester abortions) simply cannot, under current judicial interpretation: until the fetus is viable, the woman's body is her own to deal with, as is her right.
Also, can we declare a moratorium on unnecessarily inflammatory terms like "judicial activism" that really don't serve a discussion purpose? Making a judicial decision isn't "activism" - it's what judges are supposed to do. It's their job.