Quote:
Originally Posted by jinx
Abortion is not mentioned in the constitution. Illegal search and seizure is.
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Agreed.
It is not a perfect analogy...but abortion is a protected Constitutional right (within limits).
States often enact laws that they hope are written in such a manner as to stand the test..but suspect might be unconstitutional (but popular), with the intent of getting a federal ruling on exactly how far a state law can go before crossing the legal line.
I'm not suggesting that is the case here, but it is not unheard of.