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5. Why Is "Healthcare" Not Included in the Text of the Amendment?

The language of Section One is taken from the 1925 Supreme Court decision Pierce v. Society of Sisters, in which the Court referenced "the liberty of parents and guardians to direct the upbringing and education of children under their control." It is not intended to provide a comprehensive list of areas in which parents have rights. If it were, we would certainly run the risk of having it argued that no area left off the list can be an area of parental rights. Rather, we use the same general over-arching language that the High Court used, in order to make clear that in all parental decision making, fundamental parental rights should apply.


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