Consider these items:
1. "Quickening--the mother's sense of fetal movement--was the first reliable evidence that the child was alive, and the [common] law depended on it. Why did the English common law prohibit abortion [only] after quickening? Because there was no reliable evidence that there was an existing child, or that it was alive, before quickening. When medical science challenged the quickening rule in the 1800s by showing that conception was the beginning of the life of a human being, states quickly moved to repeal the quickening rule and replace it with an abortion prohibition from conception."
Forsythe, Abuse of Discretion at 108.
2. The original Hippocratic Oath, taken by doctors for centuries prior to Roe, said this: "I will give no deadly medicine to any one if asked, nor suggest any such
counsel; and in like manner I will not give to a woman a pessary to
procure an abortion."
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
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