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Gruesome and constitutional.

Publication: National Review
Publication Date: 11-OCT-04
Format: Online
Delivery: Immediate Online Access
Full Article Title: Gruesome and constitutional.(possible interpretations of partial-birth abortion laws)

Article Excerpt
NEW YORK, AUGUST 27

HERE are some useful givens in the matter of the partial-birth-abortion litigation.

In 1973, in Roe v. Wade, the Supreme Court promulgated (vouchsafed?) a right to abortion. Although the decision was qualified, it was quickly interpreted by both sides as being pretty much categorical in its interpretation.

The advocates of Roe read into the language, and quite reasonably so, that the health of the mother was the critical consideration. If her health were invoked as a reason to proceed with abortion, then that consideration became paramount.

Critics of...

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