This Supreme Court is coming for contraceptives and same-sex marriage next. We are headed towards a theocracy.
Supreme Court Overturns Roe vs. Wade
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Re: Supreme Court Overturns Roe vs. Wade
#22Quoted post unavailable.
From 1973 until 2022, the Due Process Clause of the Fourteenth Amendment was officially deemed by the Supreme Court to be a Constitutional protection of abortion. The idea that "most legal scholars agree" is pretty silly; there's been significant debate for decades.
Re: Supreme Court Overturns Roe vs. Wade
#23As an Australian, a few things about the SCOTUS absolutely shock me, aside from the obvious issue of politicisation.
I've only skimmed the judgment, but Roberts CJ convincingly points out that there was no need for the court to completely overturn Roe. It would suffice to jettison the viability standard. Going further was completely unnecessary to decide the case.
On the other hand, Thomas J took the occasion, without having heard complete argument on the respective issues, to opine that other substantive due process rights should be reconsidered. Including Griswold (no banning controceptives), Lawrence (no banning sodomy), and Obergefell (no banning gay marriage). This is simply astounding.
The second is the sheer hypocrisy of the members of the court who decry judicial activism while, in the next breath, engaging in the same.
I wish you luck for the future, Americans.
Re: Supreme Court Overturns Roe vs. Wade
#24Interestingly: The NYT link was written 4 hours ago (~6AM EST) - but the decision seems to have been released around ~10AM EST. I suppose everyone expected this post the leak. Without taking any side on this issue: this is a tough day in America, when a 50-year precedent is overturned.
Quoted post unavailable.
I don't know enough about Dred Scott. What is the parallel between that case and abortion?
Re: Supreme Court Overturns Roe vs. Wade
#25I'm pro-choice but I still believe that this is the right move.
> “My criticism of Roe is that it seemed to have stopped the momentum on the side of change,” Ginsburg said. She would’ve preferred that abortion rights be secured more gradually, in a process that included state legislatures and the courts, she added. Ginsburg also was troubled that the focus on Roe was on a right to privacy, rather than women’s rights.
https://www.law.uchicago.edu/news/justice-ruth-bader-ginsbur...
Re: Supreme Court Overturns Roe vs. Wade
#26(edited) It's not like you had any more urgent issues than this?
That move greatly reinforces Galkovsky's position that USA is now a Latin American country not unlike Brazil; and indeed, Latin American countries also deeply care about this (non)issue and have abortion laws inappropriate to their general level of economical and human development.
The problem being, at least Brazil recognizes that it is Brazil and knows how to run Brazil.
Re: Supreme Court Overturns Roe vs. Wade
#27Here's the article linked in case you don't have a NYTimes sub:
https://www.nytimes.com/live/2022/06/24/us/roe-wade-abortion...
Re: Supreme Court Overturns Roe vs. Wade
#28"In a solo concurring opinion, Thomas says the court should reconsider rulings that protect contraception, same-sex relationships, and same-sex marriage." https://twitter.com/fordm/status/1540338064324698112
No one was surprised.
Re: Supreme Court Overturns Roe vs. Wade
#29This doesn't ban abortion, it leaves it up to the states. IMO that's the best since people simply aren't going to agree on it. EDIT: Abortion is not in the Constitution in any way, it's not a right.
It effectively bans safe abortion for poor people in red states.
Re: Supreme Court Overturns Roe vs. Wade
#30As an Australian, a few things about the SCOTUS absolutely shock me, aside from the obvious issue of politicisation. I've only skimmed the judgment, but Roberts CJ convincingly points out that there was no need for the court to completely overturn Roe. It would suffice to jettison the viability standard. Going further was completely unnecessary to decide the case. On the other hand, Thomas J took the occasion, withou…
“Judicial activism” refers to striking down state laws. In this case they upheld a law.