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Supreme Court Overturns Roe vs. Wade

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Re: Supreme Court Overturns Roe vs. Wade

#981
post #873

Reading the various discussions on HN, it is obvious that HN skews male. The vast majority of threads are either regarding the interpretation of legal frameworks and their implications, or asserting a-priori values on start of life and following the rational implications thereof. No-where do I see any discussions, or even caring about, how this affects women directly: the ability to govern their own bodies, their rep…

Yes, HN skews male.

I'm a woman and extremely poor. I've been a member for nearly thirteen years.

It's possible but challenging to present a female point of view here. Reproductive issues and what I generally think of as human sexual morality are always hard to talk about anywhere.

I think for a lot of women, this is a very threatening turn of events. That's going to make it challenging to discuss it in the rational style required by HN guidelines even before accounting for the gender ratio here.

I'm quite fond of HN and have come to see a lot of the practices here as not male per se but as best practices for public discourse and I have come to believe that women tend to be raised to engage in a fashion more appropriate for private discourse.

So I think there's a somewhat steep learning curve involved for most women that gets conflated with sexism and complicates attempts by women to give voice to a female point of view here.

If you can express yourself in accordance with best practices for public discourse, you can be heard here. Trying to figure out how to do that while not spazzing about sexism ...well, it's challenging and I think most women lack sufficient reason to keep at it, so they tend not to.

Re: Supreme Court Overturns Roe vs. Wade

#982
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…

> The same state rights that allow gun control and homosexuality to be locally legalized

This is the same court that, just a few days ago, also denied New York's right to decide their own gun laws. Devolution might be great in theory if done consistently. What we actually have is a supreme court that will step in when it suits one minority faction and step out likewise, in both cases ignoring sound (often their own earlier selves') legal reasoning. That's not healthy.

You also seem to be ignoring the fact that "leave it to the states" is a bit of a sham when states that want to ban abortion seek to punish those who travel out of state for it. (Much like the way that states with lax gun laws undermine the efforts of neighboring states that have voted and legislated otherwise.) The actual availability of abortion services to women in Texas, for example, is practically zero for many. Like it or not, the US is supposed to be one nation, but "full faith and credit" has - like supreme court decisions - become a one-way street favoring the minority. Wyoming ideology is affecting Colorado much more than vice versa, contrary to what the majority position is across the two, and that's starkly un-democratic.

Re: Supreme Court Overturns Roe vs. Wade

#983
post #441

saying "SCOTUS didn't ban abortion" is at best useless semantic formality and at worst plain incorrect a number of state have laws that the automatically make abortion illegal as soon as Roe was overturned, those are now enacted. furthermore, the case behind this ruling was dealing with a state law the effectively outlawed abortions, despite previous precedent ruling against it. this rule is simply enabling such beha…

It’s neither a semantic formality nor incorrect. The Supreme Court returned the question to the legislative branch. That’s it. I happen to think abortion should be legal. I also think it’s pretty clear that, when one side believes abortion to be a totally unrestricted right despite never appearing in the constitution, while simultaneously arguing for severely restricting and even eliminating a specifically enumerated…

>I also think it’s pretty clear that, when one side believes abortion to be a totally unrestricted right despite never appearing in the constitution

The Supreme Court ruling on the Constitutionality of laws isn’t in the Constitution.

You’re describing a judicial philosophy (textualism) as if it were law, or some sacred edict from above. It’s not.

You’re pretending the “democratic process” isn’t broken. It is.

Remember: the legislature could have banned abortion outright, at any time. We didn’t need the courts to do that. It would just take an amendment to the Constitution.

Remember: a majority of people in the US want abortion to be legal. The court overruled that based on its own fetish for textualism.

It’s great that you want people to talk to each other. In the mean time, women will die.

Re: Supreme Court Overturns Roe vs. Wade

#984
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 read a nice quote on linux fortunes the other day:

"Democracy is the wishful notion that more then half of the population supports better than average opinions more than half of the time."

Re: Supreme Court Overturns Roe vs. Wade

#986

I'm curious to ask some pro xhoice folks, respectfully, how they reconsile the fact that they believe abortion is murder, and also at the same time are seemingly pro military, war, and pro militarization of thr police. I'm genuinely curious how those two world views can coexist in the same mind. So a soldier who kills in the name of their country, even in a conflict that we can all agree was at best morally debatable…

No post body was provided.

Re: Supreme Court Overturns Roe vs. Wade

#987
post #441

saying "SCOTUS didn't ban abortion" is at best useless semantic formality and at worst plain incorrect a number of state have laws that the automatically make abortion illegal as soon as Roe was overturned, those are now enacted. furthermore, the case behind this ruling was dealing with a state law the effectively outlawed abortions, despite previous precedent ruling against it. this rule is simply enabling such beha…

It’s neither a semantic formality nor incorrect. The Supreme Court returned the question to the legislative branch. That’s it. I happen to think abortion should be legal. I also think it’s pretty clear that, when one side believes abortion to be a totally unrestricted right despite never appearing in the constitution, while simultaneously arguing for severely restricting and even eliminating a specifically enumerated…

> The Supreme Court returned the question to the legislative branch. That’s it.

What new legislation is required beyond the 4th and 9th amendments? Along with decades of legal precedent, these ALREADY protect US citizen's medical rights sufficiently. Yet the court saw fit to ignore them, effectively saying that a) we are no longer secure in our persons from unreasonable search if the state says so and b) rights retained by the people (but not explicitly in the constitution) can be denied by any legislature. This is a radical departure from our current legal structure, a complete re-interpretation of the constitution undertaken by activist judges behind closed doors in direct opposition to precedent and their public oaths - "That's it" doesn't begin to cover it.

Re: Supreme Court Overturns Roe vs. Wade

#988
post #155

The fact that the same institution (SCOTUS), reading the same text (US Constitution) could conclude that abortion is a right, then isn't, tells us much of what we need to know about said institution, text... and certainly "historicism" as well. It's all arbitrary; clever and well-read people spending a lot of time justifying and rationalizing their predjudice.

Well said. This reversal really exposes the court as a political entity imo.

The Supreme Court just ruled that abortion is a question for the states, but concealed weapons laws aren’t. What’s more likely, that this all fits into some complex theory of states rights, or that it’s republican majority siding with the republican party?

Re: Supreme Court Overturns Roe vs. Wade

#989
“...Start with my record, my respect for precedent, my belief that it is rooted in the Constitution, and my commitment and its importance to the rule of law...” “...I understand precedent and I understand the importance of overturning it...”

“...Roe is 45 years old, it has been reaffirmed many times, lots of people care about it a great deal, and I’ve tried to demonstrate I understand real-world consequences...”

“...I am a don’t-rock-the-boat kind of judge. I believe in stability and in the Team of Nine...”

Brett M. Kavanaugh

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