Earlier quoted context omitted.
> why was it never codified in law Because a large part of the country is against late-stage abortions, and there is a need to keep a semblance of democracy?
Roe v Wade said nothing about late-stage abortions.
Roe's overturn is tech's privacy apocalypse
121–130 of 215 posts
Re: Roe's overturn is tech's privacy apocalypse
#122Earlier quoted context omitted.
The legal basis for the roe decision is "a general right to privacy" which was argued on the basis that the 10th amendment reserves unenumerated rights(0) to be regulated by the states, then preserved for the individual. Since the constitution makes no mention of privacy, if you believe it's a right, it would fall into the category of "unenumerated". IIRC prior to roe, there are no supreme court decisions about the r…
^ This. Roe vs. Wade wasn't about abortion, it was about privacy. That's why they're already talking about voiding gay and interracial marriage bans, they were based on that precedent. Here's a consequence that should speak to tech-types: there are two arguments against mandatory NSA backdoors into encryption used by tech companies, 1) a fundamental right to privacy, and 2) these backdoors are intrinsically hackable.…
Re: Roe's overturn is tech's privacy apocalypse
#123Plenty of uproar after Roe v Wade overturning, even here in the EU but.. The real shame is leaving lawmaking to the courts due to political opportunism. I am fully in favor of legalized abortion, but why was it never codified in law? Not a priority according to democratic politicians. Not a priority. So, you reap what you sow if you ask me. I learned that many countries, including my own, made, and make that mistake…
American here. I think it's important to not characterize judicial review in the Row case as lawmaking. Although lots of anti-abortion advocates criticized Roe as legislating from the bench, the court was actually doing was checking the power of various state governments to take away individual rights. Judicial review has certainly been misused by the court in other cases to legislate, and the concept is anti-democra…
That's a good distinction, but that distinction was not well-founded as a matter of jurisprudence, if my understanding of Alito's opinion in Dobbs is correct.
Roe had SCOTUS getting far over its interpretive skis, into societal matters that had a corrosive effect on the court, as witnessed by Sen. Ted Kennedy's character assassination of Robert Bork on the Senate floor some 15yrs after Roe.
Re: Roe's overturn is tech's privacy apocalypse
#124Earlier quoted context omitted.
> I am fully in favor of legalized abortion, but why was it never codified in law? The US constitution made leeway for rights to be unenumerated, or not explicitly spelled out (9th amendment [1]) Up until this current supreme court, a right has never been removed. That was not standard jurisprudence. Now, however, we have radicals on the court who take the view that "if it's not in the text, it isn't protected" compl…
> The next problem is that in order to pass new laws, you need to have a super-majority in the senate, a majority in the house, and the presidency to go along with the law. Pretty difficult when the republican party has decided they want absolutely no new laws and certainly no expansion of rights. (See: how hard they are fighting against the HR-1 the voter rights act [2]) Why isn't this abolished, then? Does a majori…
Population distribution.
There are 50 states in the US. Each state gets 2 senators. States with low populations (think, Wyoming) tend to lean republican while the few states with high populations tend to lean democrat. The end result is these rural states end up with a disproportionate level of voting power in the senate where the fillibuster exists.
Were the US population evenly distributed then this wouldn't be as much as a problem.
There's also been a massive shift in political attitude with the republicans. Back in the Clinton presidency, democrats and republicans often worked together on bills and compromises to keep the government functioning. This changed with the tea party and Newt Gingrich at the end of Clinton's presidency.
After Clinton, Obama was the next democrat president. He had a filibuster proof majority briefly but lost it + the house for the rest of the presidency after the first half of his first term. He was still working on compromises with the republican party (unsuccessfully) and in his second term when he lost the senate it was simply too late to get anything done. Mitch McConnell launched the "we won't approve anything you want to do" policy.
Now, with Biden as president, the senate is 50/50 R and D. 2 democrat senators have said "we will not eliminate or change the filibuster under any circumstance" and that's where we currently sit. Democrats do not have the votes to move anything.
It's not really hopeless. Assuming democrats turn out in the midterm to vote for democrat senators (we just need 2 more) then a lot of positive changes can happen. However, if instead they take the "nothing we do matters" approach then we are boned probably for the next 2 years and maybe even longer still.
What's really distressing is republicans are now deciding that "any election that doesn't result in us winning was stolen" and they are putting into place laws to allow them to decide that "We don't think the people voted right or the democrats cheated" so they can effectively steal elections. We are heading head first into tyranny.
I can't stress enough how important it is to vote for democrats in the upcoming elections. I get that people don't like them in many issues, but america is currently facing a take over by a party that has turned fascist.
Re: Roe's overturn is tech's privacy apocalypse
#125Earlier quoted context omitted.
It's hard to say the state isn't coming after you in this case though. Why the hell does my neighbor get to care if a specific doctor performed an abortion? Why can they launch a civil case against and be compensated financially for something that doesn't affect them in any way?
So legally speaking, the person in a civil suit typically has to be the one harmed, or have some major interest in the harming of someone their connected to (if that person can't bring a suit themselves). Texas' working of this is that the baby/fetus/whatever you choose to call it was killed and can't bring suit itself, and they're explicitly allowing the society to bring suit on behalf of that.
Re: Roe's overturn is tech's privacy apocalypse
#126Earlier quoted context omitted.
>Not a priority according to democratic politicians. Not a priority. In the US, a ruling like this(ironic to say right now) is so much more ironclad than a law is in general, if people are going to come after it. Legal challenge after legal challenge slowly boils laws away until you have so many exceptions about portions of a law specifically struck down that the whole thing doesn't even make sense anymore. And of co…
This was overturned no? So is this now also more ironclad? And the whole point of elections and politics and lawmaking is to keep up with changing culture and norms? I see your point in practicality, but are they mutually exclusive?
> This was overturned no? So is this now also more ironclad?
Roe v. Wade was basically a backdoor constitutional amendment where seven judges bypassed the actual process for amending the constitution (and also ran ahead of the legislatures in all but a handful of states). The recent Dobbs opinion just nullifies that amendment.
A lot of people seem to think that, since the constitution is so hard to amend through the prescribed process, they should be able to use the courts to get the amendments they want. The problem with that is that it explicitly politicized the court, burning up its legitimacy in the process. We're seeing the later stages of that (the next step is something to undermine the court's independence, like court packing or mass impeachment). It also foolishly relied on a fantasy that only one side could abuse the court in this way, and the other side would forever remain helpless.
Re: Roe's overturn is tech's privacy apocalypse
#127Re: Roe's overturn is tech's privacy apocalypse
#128Earlier quoted context omitted.
It can be changed. Quebec used to have to fund Protestant (probably Anglican) schools. At some point in the last few decades, their part of the Constitution was updated so that they have to fund English-language schools. Ontario currently doesn’t have the political will to change this, but it isn’t entirely immutable. (Interestingly, there are a few Protestant schools funded in some places in Ontario, where the major…
> Quebec is in the process of making it difficult for anyone to attend English-language schools, Not true > and causing another round of people and companies to leave Quebec as they did because of René Lévesque and the PQ. How to tell me you're an angryphone without telling me you're an angryphone (and totally ignoring historical facts in the process)
It is very clear that the Quebec legislative assembly knew that both Bill 21 and Bill 96 were undemocratic and wrong-headed from the beginning, since they preemptively invoked the notwithstanding clause to override charter rights (which they knew that both bills would walk all over).
Not all of 96 is bad. I sympathize with the need to protect the French language and am not against legislative measures to do so. (The decision against Villeneuve’s restaurant "New Town" years ago was just silly, though.)
However, there are clear negative messages being passed by other parts of 96 which make it extremely xenophobic (just like 21), such as ending services for new immigrants in any language other than French after six months.
With respect to history…Toronto was not the preeminent city in Canada. That was Montréal, until the first referendum. Tens of thousands of anglophones left their homes in Quebec as they no longer felt welcome, and numerous businesses shifted their base of operations from Montréal to Toronto, and Toronto has benefited ever since.
In recent years, Montréal has attracted a number of companies back to the point where I have worked with (as a vendor) a couple of companies that closed secondary headquarters in majority English Canada and forced their employees to move to Quebec in order to remain employed. I am hearing that some of those employees are now feeling (once again) unwelcome in Quebec, and those companies may be reconsidering their headquarters in Quebec because of the lack of consideration for charter rights by the current government.
I love Quebec. I think that much should be done to protect the French language there. But I don’t think that preemptively violating charter rights is the right way to do it.
Re: Roe's overturn is tech's privacy apocalypse
#129Earlier quoted context omitted.
The legal basis for the roe decision is "a general right to privacy" which was argued on the basis that the 10th amendment reserves unenumerated rights(0) to be regulated by the states, then preserved for the individual. Since the constitution makes no mention of privacy, if you believe it's a right, it would fall into the category of "unenumerated". IIRC prior to roe, there are no supreme court decisions about the r…
^ This. Roe vs. Wade wasn't about abortion, it was about privacy. That's why they're already talking about voiding gay and interracial marriage bans, they were based on that precedent. Here's a consequence that should speak to tech-types: there are two arguments against mandatory NSA backdoors into encryption used by tech companies, 1) a fundamental right to privacy, and 2) these backdoors are intrinsically hackable.…
Interracial marriage bans are clearly ruled out by equal protection, so that really isn't a concern.
Re: Roe's overturn is tech's privacy apocalypse
#130Earlier quoted context omitted.
>Not a priority according to democratic politicians. Not a priority. In the US, a ruling like this(ironic to say right now) is so much more ironclad than a law is in general, if people are going to come after it. Legal challenge after legal challenge slowly boils laws away until you have so many exceptions about portions of a law specifically struck down that the whole thing doesn't even make sense anymore. And of co…
This was overturned no? So is this now also more ironclad? And the whole point of elections and politics and lawmaking is to keep up with changing culture and norms? I see your point in practicality, but are they mutually exclusive?
One thing the RvW ruling had that a law wouldn't is a reluctance for most supreme courts to overturn it, since an interpretation exists and now helps form the basis for laws in the US. There's a specific name for this codified reluctance that I don't know at the moment. This is one of the things that the 4 "no" votes openly criticize the majority opinion for. "We're overturning it because we want to," is a short version of the majority's opinion on that.
Ironically, it's court-based interpretations of the constitution that have been performed over the years also help provide the very case law that the SC uses to do the overturning. As one Tiktok creator pointed out, the constitution can fit in a pretty small booklet. The interpretations and the case law built off those interpretations fill thousands, if not tens of thousands, of pages.