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- Path: sparky!uunet!elroy.jpl.nasa.gov!swrinde!cs.utexas.edu!uwm.edu!linac!att!cbnewsj!decay
- From: decay@cbnewsj.cb.att.com (dean.kaflowitz)
- Newsgroups: talk.abortion
- Subject: Re: Cough Man's hypocrisy
- Message-ID: <1992Sep1.180148.5749@cbnewsj.cb.att.com>
- Date: 1 Sep 92 18:01:48 GMT
- References: <1992Sep01.052644.22782@watson.ibm.com> <1992Sep1.161013.15018@ncsu.edu>
- Distribution: na
- Organization: AT&T
- Lines: 32
-
- In article <1992Sep1.161013.15018@ncsu.edu> dsholtsi@csl36h.csl.ncsu.edu (Doug Holtsinger) writes:
- > In article <1992Sep01.052644.22782@watson.ibm.com>
- > margoli@watson.IBM.com writes:
- >
- > > The statement that the states *may* enact legislation is correct. The
- > > Pennsylvania legislation was struck down in Colautti v. Franklin for
- > > vagueness, *not* because the Supreme Court ruled that the states may
- > > not enact such legislation.
- >
- > The states may not enforce legislation which would require the physician
- > to employ the abortion technique which would most likely result in
- > a fetus aborted alive, since that type of legislation was struck
- > down in Colautti v. Franklin.
-
- I guess Doug doesn't understand what it means when a statute is
- struck down for reasons of vagueness. Maybe this will help.
-
- During the seventies, some state laws which allowed capital
- punishment were struck down for reasons of vagueness (I can
- get the references if desired - they are at home). Lo and
- behold states now have laws on the books which allow for
- capital punishment. When a law is struck for vagueness, it
- means that the principle of the law is not considered impermissible,
- but the means of enforcement or determination of the application
- of that law are vague. The problem with vague laws is that they
- lead to inconsistency in the application of the law. So the
- "type of legislation" was not struck down, but the specific
- law and its wording were struck, and the law itself could
- be re-enacted as long as the vagueness is removed so as
- to limit the inconsistency in its application.
-
- Dean Kaflowitz
-