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Old 03-17-2007, 11:25 AM   #25
richlevy
King Of Wishful Thinking
 
Join Date: Jan 2001
Location: Philadelphia Suburbs
Posts: 6,669
The website has a nice brief on the case, which is going back to the appellate court.

Quote:
The government does not attempt to refute Appellants’ showing that the Due Process Clause and the Ninth Amendment protect not only the fundamental right to “life,” but also the fundamental rights to make life-shaping decisions, preserve bodily integrity, and avoid severe pain. Nor does it dispute that its prohibition of Angel’s medically necessary activities must be ruled unconstitutional if this Court applies the undue burden standard. Instead, it simply denies that any fundamental rights are at stake and insists that mere rationality review applies. The government’s argument is untenable.
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