We Need Constitutional, Not Just Economic, RecoverySubmitted by Jefferson2 on Tue, 01/27/2009 - 22:59
By Paul Craig Roberts
In 1992, when Roe v. Wade again came before the Supreme Court, 19 years after the Court had found abortion rights in the Constitution, the Justices cast aspersions upon the original decision. Nevertheless, the Court upheld the poor reasoning of its predecessor on the grounds that after so many years women had acquired squatter's rights to abortions. The plurality opinion found that "an entire generation has come of age free to assume Roe's concept of liberty in defining the capacity of women to act in society, and to make reproductive decisions."
In other words, an incorrect ruling had been sanctified by the passage of time and belonged to women under the doctrine of adverse possession.
The Supreme Court did not see fit to save prayer in public schools with the same reasoning, although the people had had rights of adverse possession to school prayer much longer than women had exercised abortion rights under the original Roe v. Wade decision.
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