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Unformatted text preview: CP Text: The United States Congress should abolish the Hyde Amendment by removing the amendment from the annual congressional Medicaid bill. And, congress could easily repeal the Hyde Amendment in a legally less controversial manner than the courts Kaveny, prof. of law at U Notre Dame, 09 (Cathleen, Bad Law, Commonweal, http:// www.commonwealmagazine.org/article.php3?id_article=2423) On the vexing issue of abortion funding , one can read the nondiscrimination provision (4)(b)(2) as mandating abortion funding. But does this reading make the most sense of the text as a whole? The language prohibits discrimination against the exercise of the right to choose. Yet the abortion right as protected by Roe has repeatedly been held by the Supreme Court to be a negative right, not a positive right: no one has a constitutional right to have the government pay for an abortion , at least not an elective one. Second, the operative language of FOCA nowhere clearly demands funding. Furthermore, elective one....
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This note was uploaded on 12/20/2010 for the course K 101 taught by Professor Staff during the Fall '10 term at UMass Lowell.
- Fall '10