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Discussion and Debate
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Federal judge temporarily blocks TX abortion law
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<blockquote data-quote="jayem" data-source="post: 76322316" data-attributes="member: 8344"><p>It's based on Sec. 1 and 5 of the 14th Amendment:</p><p></p><p><em>No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law;</em></p><p><em></em></p><p>State laws prohibiting abortion deprive a woman of her liberty--without due process--to make a medical decision regarding her health and well being. I think an argument can be made that the 9th Amendment is also violated by such laws. But in any case, Sec. 5 of the 14th Amendment clearly gives Congress enforcement power. I'm sure you know that.</p><p></p><p></p><p></p><p>You can see for yourself. Such a law has already passed the House. HR3755. The Woman's Health Protection Act of 2021. It doesn't require states to provider abortion services. It just prevents states from interfering. (It also invokes Congress's interstate commerce power. Which I'd agree is a real stretch.)</p><p></p><p><a href="https://www.congress.gov/bill/117th-congress/house-bill/3755/text" target="_blank">Text - H.R.3755 - 117th Congress (2021-2022): Women's Health Protection Act of 2021</a></p></blockquote><p></p>
[QUOTE="jayem, post: 76322316, member: 8344"] It's based on Sec. 1 and 5 of the 14th Amendment: [I]No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; [/I] State laws prohibiting abortion deprive a woman of her liberty--without due process--to make a medical decision regarding her health and well being. I think an argument can be made that the 9th Amendment is also violated by such laws. But in any case, Sec. 5 of the 14th Amendment clearly gives Congress enforcement power. I'm sure you know that. You can see for yourself. Such a law has already passed the House. HR3755. The Woman's Health Protection Act of 2021. It doesn't require states to provider abortion services. It just prevents states from interfering. (It also invokes Congress's interstate commerce power. Which I'd agree is a real stretch.) [URL="https://www.congress.gov/bill/117th-congress/house-bill/3755/text"]Text - H.R.3755 - 117th Congress (2021-2022): Women's Health Protection Act of 2021[/URL] [/QUOTE]
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Federal judge temporarily blocks TX abortion law
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