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Supreme Court Overturns Roe vs. Wade

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Re: Supreme Court Overturns Roe vs. Wade

#831
post #426
post #330

I'll be the begrudging devils advocate for a decision that is sure to have devastating consequences for poor women in red states. It is good for unelected bodies like the Supreme Court to allow such dividing issues be figured out democratically. The US house has bled power to the other 3 institutions and of them, the judiciary is the least democratic. Ofc, my support for this change assumes that this Supreme Court wi…

> I'll be the begrudging devils advocate There are plenty of devils out there, they can advocate for themselves. This ruling can be as technically correct as anyone likes, but it is disastrous in every conceivable way. All this ultimately demonstrates is how feeble rights - real, natural rights - are under the American conception of federal constitutional rights. Edit: there are a lot of people who are clearly very c…

> the people advocating for outlawing abortion are also convinced it's a rights issue: the rights of the unborn child. This isn't an open and shut case.

Does the decision at all call out the rights of the unborn child? If so why would it be left up to the states and not outright banned? Why are contraception and gay marriage called out as comprable rights?

Re: Supreme Court Overturns Roe vs. Wade

#832
post #330

I'll be the begrudging devils advocate for a decision that is sure to have devastating consequences for poor women in red states. It is good for unelected bodies like the Supreme Court to allow such dividing issues be figured out democratically. The US house has bled power to the other 3 institutions and of them, the judiciary is the least democratic. Ofc, my support for this change assumes that this Supreme Court wi…

FIRST: If SCOTUS should stay out of big, divisive cultural decisions, then they should do it point-forward and not by hopping right back in the fray. SECOND: Abortion is seen as a fundamental right for womens' health, and there are many documented reasons for getting abortion that are not merely "convenience". There are things which should not be prohibited by the democratic process, since they are human rights. THIR…

No post body was provided.

Re: Supreme Court Overturns Roe vs. Wade

#833

When I was a child in the Catholic Church (70s and 80s) there was NEVER any political discussion that entered into the service (“..render unto caesar what is caesar’s..” or ‘separation of church and state’. Or, more probable, perhaps it was felt that it simply was not the forum for present-day politics. I don’t know). Since lapsed, A few years ago I was encouraged by a priest, as he enjoyed his fourth old fashioned,…

> What I witnessed was no less than a 45 minute diatribe on the dangers of abortion, casting various aspersions (ad hominem) on any political leader not on board with new political agenda of the Catholic Church. A typical Catholic Mass lasts less than one hour. Most of the Mass follows a fixed, prescribed set of prayers and readings, that have nothing to do with politics. In the middle there's a sermon, that usually…

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Re: Supreme Court Overturns Roe vs. Wade

#834

Biggest thing to me is the message this sends - that there is no settled law really - I think the notion that nothing is legally set in stone and change is only a relatively easy matter of installing supreme court justices siding with your beliefs - that's gotta have some chilling consequences down the line for the country as a whole. Greater progress requires building upon smaller progress, a settled foundation. If…

Plessy v. Ferguson was settled law. Until it wasn't. And it was rightly overturned after decades of injustice. I bet there were many in the 50s who cried about settled law. Basically, the stare decisis argument is very limited, and the best anyone can hope for is that stare decisis is time-limited. Plessy lasted 64 years, while Roe lasted 50. So stare decisis seems to mean "for a few decades", which I think is fair.…

Which was overturned in Brown by a unanimous decision. Typically the standard for overturning a case is high: either it is recent and clearly wrong, or there is a high level of consensus on the case. This is neither.

Re: Supreme Court Overturns Roe vs. Wade

#835

I almost lost my wife due to the Catholic Hospital's policy against D&C procedures. Had the OBGYN not put his career on the line, and over-riding the prohibition on the procedure, she would have died. Now that same hurdle can become risking prison. A few years later, we were blessed with a child who is doing well. I would have neither if not for Roe v. Wade. This isn't about abortion, it's about denying healthcare!

It is important to note the position was that of the Hospital and not a legal position. All laws in place or being contemplated allow for abortive procedures in medical emergencies such as when the mothers life is in danger.

For instance, the Mississippi law which was the impetus of the recent SCOTUS ruling has the following language:

“[e]xcept in a medical emergency or in the case of a severe fetal abnormality, a person shall not intentionally or knowingly perform . . . or induce an abortion"

There are issues with the ICD10 codes related to D&C procedures as they reference or include the word 'abortion'. This should be resolved by the AMA.

Re: Supreme Court Overturns Roe vs. Wade

#836
post #330

I'll be the begrudging devils advocate for a decision that is sure to have devastating consequences for poor women in red states. It is good for unelected bodies like the Supreme Court to allow such dividing issues be figured out democratically. The US house has bled power to the other 3 institutions and of them, the judiciary is the least democratic. Ofc, my support for this change assumes that this Supreme Court wi…

At face value, all sides are not to blame. A president who lost the popular vote got to appoint THREE justices to this court and literally got a list of candidates from the religious right. This is the minority imposing their will on the majority, plain and simple.

Re: Supreme Court Overturns Roe vs. Wade

#837
post #330

I'll be the begrudging devils advocate for a decision that is sure to have devastating consequences for poor women in red states. It is good for unelected bodies like the Supreme Court to allow such dividing issues be figured out democratically. The US house has bled power to the other 3 institutions and of them, the judiciary is the least democratic. Ofc, my support for this change assumes that this Supreme Court wi…

So much of our constitution is designed to protect us from the abuse of the majority. The idea that the majority should be able to dictate everything is NOT what democracy means. Mob rule is scary, and the framers knew that a government that is solely dictated by the will of the majority is ripe for abuse of the minority. So we have all sorts of restrictions on what the majority is allowed to do. I feel like people h…

And it is also not democracy. (Adding to your last sentence)

Re: Supreme Court Overturns Roe vs. Wade

#839
post #330

I'll be the begrudging devils advocate for a decision that is sure to have devastating consequences for poor women in red states. It is good for unelected bodies like the Supreme Court to allow such dividing issues be figured out democratically. The US house has bled power to the other 3 institutions and of them, the judiciary is the least democratic. Ofc, my support for this change assumes that this Supreme Court wi…

Where you see delegating to the states, I see a minority (less than 30% of Americans agree with this) enforcing social views on the majority- and it will not stop here. Other things the Supreme Court has blocked state law using the same logic as roe v Wade (due process of the 14th amendment[0]) on are blocking contraception bans (grisewald), overturning anti-sodomy laws (lawrence), and giving equal protection to gay…

"This is a small minority that just needs 51% of voter turnout"

I'm unclear what definition of "minority" you are using here. That sounds like a majority to me.

Comparing with poll numbers is not an apples-to-apples comparison. A lot of polls are highly motivated to support a particular outcome, but when you look into the details and ask questions a number of different ways, you get a more complex picture.

For instance, if you ask "how long should elective abortions be legal?" you may get an answer that seems to contradict "do you support Roe?". And then if you start to define "elective" (or even use different words) you might get a different answer still. I'm not saying which one is the "right" question to ask, but I am saying that it's not reasonable to reject actual vote totals in a free and fair election.

Re: Supreme Court Overturns Roe vs. Wade

#840
post #330

I'll be the begrudging devils advocate for a decision that is sure to have devastating consequences for poor women in red states. It is good for unelected bodies like the Supreme Court to allow such dividing issues be figured out democratically. The US house has bled power to the other 3 institutions and of them, the judiciary is the least democratic. Ofc, my support for this change assumes that this Supreme Court wi…

> My personal opinion is that polarization has pushed both sides to be completely antagonistic towards each other. 'Own the libs, fuck the deplorables', no compromise. The jaded side of me says: vote in more moderates that are willing to strike compromises. Crazed jesus Republicans and hyperprogressive activists are terrible people to put into national office. They gain power by antagonizing and being unhelpful roadblocks for change, all while asking for the most stubbornly impossible outcomes.

This take is completely divorced from reality. "Moderates" are the roadblocks. "Moderates" already have the system they want and love re-litigating culture war issues like this, because it makes it easier to continue roadblocking. Give me one example of a "hyperprogressive activists" blocking something that needed to get done, and I will give you a laundry list of "moderates" actors blocking ensuring no progress gets made in this country. Progressives don't even say "deplorables" that came from "moderate" HRC. "Crazed jesus Republicans" I would say this classification bisects several groups with in the republicans, however they seems to be affective at driving change given the post we are commenting on.

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