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Have the Republicans lost it?
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Joined: 01 Nov 2008
Posts: 117
Location: So Cal

PostPosted: Wed Feb 22, 2012 8:06 pm    Post subject: Reply with quote

maryskl wrote:

Griswold established a 1st Amendment right to marital privacy. That puts it up there as a civil right.

No, Griswold does not put privacy out there as a full-flegded civil right. It is discussed as a "fundamental right" that can be inferred from the "penumbras and emanations" of several amendments in the Bill of Rights. Thus, the kind of scrutiny it warrants in courts is somewhere below the strict scrutiny of Civil Rights review but above the laugh test of rational basis scrutiny. - Sorry to go off on a nitpicking tangent with this but I had to spend about two weeks on this case in a class that focused on the 14th Amendment.

Anyway, I agree that institutions who accept government funding open the door for the federal government to place restrictions or demands on those funds. However, I belive there is some case law that suggests the federal government can withhold funds to encourage institutions to not do something or offer funds to incentivise a certain practice, but it has a limited ability to offer/grant funds and then make post hoc demands after acceptance. Any conditions are supposed to be made clear when the offer of funds is given so that an institution clearly understands what its obligations will be.

Frankly, I do not like how birth control is considered a federal issue, or a government issue at all. I believe you used the line: "stay the hell away from my uterus" - he he, I used that line in a high school debate about abortion. It, and to a greater degree abortion, is a matter to be decided between you and your doctor, not in a courtroom or on the legislative floor.
"I do not want people to be very agreeable, as it saves me the trouble of liking them a great deal." - Jane Austen
"The person, be it gentleman or lady, who has not pleasure in a good novel, must be intolerably stupid." - Jane Austen
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Joined: 23 Mar 2007
Posts: 877
Location: Florida

PostPosted: Wed Feb 29, 2012 10:31 am    Post subject: Reply with quote

Definitely believe the Republicans are losing it. The economy is slowly getting better so they can't fight President Obama on the economy so they have to turn to "values issues" to get their (dwindling) base excited.

Birth control is such a strong issue that it's almost suicidal for the Republicans to be discussing it. But if they want to go there, let them, it just shows how out of touch they are. That's great for the Democratic party as this shows which party is concerned for the welfare of women and ultimately families.
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