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Old 03-15-2006, 06:59 PM   #4678
ltl/fb
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South Dakota question

Quote:
Originally posted by Mmmm, Burger (C.J.)
And I don't see how it really matters, anyway. I suppose there's some chance that SD could claim it's not putting an undue burden on women by forcing them to go out of state (where they could not be subject to prosecution by SD, but could if it were a crime to procure an abortion or attempt to get one, even out of state). But I don't think they're looking to split those hairs with this one.
Yeah, it seems like it's possibly important on a political level, but probably not from the constitutionality standpoint, since I don't think they are trying to meet any kind of "no undue burden" standard here. I would presume they are hoping to get Roe dumped, so that there no longer is any burden test to impose.

BURGER!!! Its. Its. Its.
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