More on States’ rights

11 Oct
2005

Alice writes:

I’ll agree to support states’ rights for Oregon, if those judges can reason far enough to then apply that same standard to states’ anti-abortion laws. Surely if one state can decide to kill its elderly, another state can decide not to kill its babies. And maybe if this were permitted, it would promote a more civil society. People who like euthanasia can move to Oregon, and people who don’t like abortion can move to Kansas.

She makes a great point! I understand why abortion should be legalized, although I personally dislike abortions. Allowing states to make decisions on various decisions makes great sense to me. Example would include same-sex marriage (or civil unions), medical marijuana, euthanasia, abortion. We should let states make these decisions individually. If this encourages some people to move, I have no problem. After all, Nevada having legalized gambling and brothels has influenced population in that state.

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3 Responses to More on States’ rights

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Colin

October 12th, 2005 at 6:42 am

I’m sorta in the same boat. I have trouble with abortion but I do, on very many situations, have a social libertarian mindset. There was a fetal and maternal medicine guy who gave a clinical correlation for my class and he thought, within our lifetime, as doctors we’d be able to take an embryo or fetus from a mother at any stage of development and grow it to viability in an artificial womb.

I’m always looking for concrete terms and definitions, even amongst the sort of subjectiveness of philosophical discussion. Certainly there is nothing inherent about trying to define life (and limit abortion) at viability (which case law in this country does), because medical science keeps stretching that — the definition changes from year to year.

So, I am with the poster. However, I was a little confused initially. The poster sounds like a pro-choicer herself (maybe I’m reading into that), but what she’s proposing is basically the exact situation pre-Roe v. Wade (well in terms of abortion).

Avatar

Curious JD

October 12th, 2005 at 11:20 am

DB,

Don’t you support a federal damages cap on malpractice cases? Maybe I’m wrong, but I thought you specifically argued that this matter was a federal matter and states’ rights shouldn’t apply.

If that’s the case, and again maybe I’m incorrect, it would seem that you are, shall we say, inconsistent.

Avatar

tina

October 18th, 2005 at 7:54 pm

I guess I am a libertarian at heart but it also seems like we should all sort of function under the same set of guiding rules. It’s either okay or not okay to kill a fetus/baby or let a terminal person commit suicide/be murdered. It seems odd to say it’s murder in Kansas but kind and wonderful in oregon. It’s not like you are talking about the weight of a tractor trailer or sales tax percents.

It seems that if each state gets to pick and choose on these things why shouldn’t we allow certain states to choose state religions and outlaw interracial marrige. My understanding of legal technicalities is admittedly limited however when you look at history it seems like things that were outrageous 40 years ago-black and whites drinking from the same fountain and being married are perfectly reasonable things now due to federal interventions not states’ choices. I guess we use the constitution as an absolute standard which to make the big decisions on but what else should be used when we can’t find the answers there?

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