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Gun Control and Abortion

#1JIC XPosted 5/5/2013 8:56:47 AM
Since I'm on the subject of gun control again, I figured I should refer y'all to the following, very interesting, article by J. Harvie Wilkinson, a judge of the US Court of Appeals for the Fourth Circuit.

http://virginialawreview.org/content/pdfs/95/253.pdf

Basically, it impugns DC v. Heller for committing the same judicial sins that Roe v. Wade has been criticized for.

Note for anyone too lazy to google him: Wilkinson was a Reagan appointee.
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#2SSJ2SorakaPosted 5/5/2013 8:58:43 AM
Seems risky doing abortions with guns.
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#3JIC X(Topic Creator)Posted 5/5/2013 9:00:59 AM
Classic rookie mistake, that
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And that is why the age of magic is at an end. {WoT}, Emeritus
#4ChiTownPridePosted 5/5/2013 11:56:17 AM
there's practically a consensus among left-leaning liberal scholars that the roe opinion was a joke (even if they agreed with the outcome), there's no such consensus on the right with heller.
#5JIC X(Topic Creator)Posted 5/5/2013 3:23:05 PM
ChiTownPride posted...
there's practically a consensus among left-leaning liberal scholars that the roe opinion was a joke (even if they agreed with the outcome), there's no such consensus on the right with heller.


I'm not that familiar with scholarly treatment of Roe, but, personally, I'm a staunchly pro-choice lib lab and I think the case was... Well, kind of poorly reasoned, particularly section concerning the trimester framework.

I agree with Ginsburg J. that if a right to abortion is to be found anywhere in the Constitution, it's in the equal protection concept, not the due process clause.
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#6YermomHoudiniPosted 5/5/2013 5:39:05 PM
where's the mandatory post on if embryos have guns to protect themselves and stuff?
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#7lastheroPosted 5/5/2013 5:42:35 PM
ChiTownPride posted...
there's practically a consensus among left-leaning liberal scholars that the roe opinion was a joke (even if they agreed with the outcome)


Like who?
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#8JIC X(Topic Creator)Posted 5/5/2013 6:19:29 PM
lasthero posted...
ChiTownPride posted...
there's practically a consensus among left-leaning liberal scholars that the roe opinion was a joke (even if they agreed with the outcome)


Like who?


I may have mentioned above that Ruth Bader Ginsburg was critical of the reasoning in Roe.

Ralph Nader's not exactly a scholar, but I know he's at least implicitly criticised Roe insofar as he said in 2000 that it wouldn't be that big of a deal if the decision was overturned (this was part of his answer to the "why are you running/don't you know you're just helping the Republicans" question that dogged him all summer that year).
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#9JIC X(Topic Creator)Posted 5/5/2013 6:22:02 PM
I don't want to steer the conversation away from Heller and the Wilkinson article, but I should add that, apparently, in 1972, abortion was regarded as basically a "Catholic" issue, much as birth control is today.

Mainline and evangelical protestants didn't become staunchly opposed to it until after Roe. Which suggests (as I think everybody intuitively knows) that the case just polarized the country and made everything worse. Who knows, if it'd have been left up to the states, maybe most of them woulda legalized it on their own by now?
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And that is why the age of magic is at an end. {WoT}, Emeritus
#10lastheroPosted 5/5/2013 6:22:05 PM
Doesn't seem like much of a consensus.
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