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-   -   U.S Supreme Court overturns (Roe v Wade) legalised abortion (https://www.cableforum.uk/board/showthread.php?t=33710993)

Damien 03-05-2022 08:34

U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
U.S news but pretty major: https://www.politico.com/news/2022/0...inion-00029473

Quote:

The Supreme Court has voted to strike down the landmark Roe v. Wade decision, according to an initial draft majority opinion written by Justice Samuel Alito circulated inside the court and obtained by POLITICO.

Deliberations on controversial cases have in the past been fluid. Justices can and sometimes do change their votes as draft opinions circulate and major decisions can be subject to multiple drafts and vote-trading, sometimes until just days before a decision is unveiled. The court’s holding will not be final until it is published, likely in the next two months.

The immediate impact of the ruling as drafted in February would be to end a half-century guarantee of federal constitutional protection of abortion rights and allow each state to decide whether to restrict or ban abortion. It’s unclear if there have been subsequent changes to the draft.

No draft decision in the modern history of the court has been disclosed publicly while a case was still pending. The unprecedented revelation is bound to intensify the debate over what was already the most controversial case on the docket this term.
Overturning Row vs Wade is huge alone. This would be the world's richest, most powerful, country removing abortion rights in a Western world which typically moves towards liberalising them. Although it wouldn't ban abortion but remove the constitutional block to individual states banning it themselves. Many have laws ready to be enforced the moment the bill is overturned.

But it's also a huge story because it was leaked and this is going to tear the country apart even more than it usually does. This is a country that hates each other over silly things like masks, what a comedian says on Netflix or on a podcast.

nomadking 03-05-2022 08:41

Re: Draft Supreme Court opinion overturning abortion leaked
 
The issue is whether it should be a federal matter or a state-level(ie democratic) matter.

BenMcr 03-05-2022 09:32

Re: Draft Supreme Court opinion overturning abortion leaked
 
Quote:

Originally Posted by nomadking (Post 36120894)
The issue is whether it should be a federal matter or a state-level(ie democratic) matter.

'State level' doesn't guarantee that actions are automatically more democratic.

General Maximus 03-05-2022 09:47

Re: Draft Supreme Court opinion overturning abortion leaked
 
It should definitely be federal and I would go one step further and I would argue should be international and enshrined in law based on an established consensus by the scientific community.

Chris 03-05-2022 09:58

Re: Draft Supreme Court opinion overturning abortion leaked
 
Quote:

Originally Posted by nomadking (Post 36120894)
The issue is whether it should be a federal matter or a state-level(ie democratic) matter.

It would be more accurate to say the issue is whether it’s a constitutional matter. Most federal matters are settled by democratically elected representatives making legislation, or by exercise of executive power by an elected president. Federal government is just as democratic as state government.

In this case the Supreme Court rules on whether government can ban abortion, or whether that would infringe on the constitutional right not to have one’s liberty excessively infringed upon by government. Even so, it is possible, although very difficult, to alter the constitution to make it explicit on this point rather than subject to shifting legal opinion.

Pierre 03-05-2022 10:04

Re: Draft Supreme Court opinion overturning abortion leaked
 
It's a difficult one, and always will be. I'm a man so will never be in the position of a woman with an unwanted pregnancy.

Still, I find an abortion of convenience uncomfortable. That's just my opinion.

What I can't square, is the fight for the right to take a life that hasn't been given a chance to live, yet deny a person who has lived a life and facing a debilitating and degrading death the chance to end their life on their terms.

BenMcr 03-05-2022 10:21

Re: Draft Supreme Court opinion overturning abortion leaked
 
Quote:

Originally Posted by Pierre (Post 36120908)
What I can't square, is the fight for the right to take a life that hasn't been given a chance to live, yet deny a person who has lived a life and facing a debilitating and degrading death the chance to end their life on their terms.

There is also the way a lot of the evangelical right look at this. They don't want women to have access to safe and legal abortion, but as soon as the resulting child is born they don't seem to want any support for them and the family at either the state or federal level.

I also don't understand why a lot of the same people that are supportive for the 'right to life' when it comes to abortion are also big supporters of the death penalty.

nomadking 03-05-2022 11:16

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Individual states are passing laws in relation to abortion. Therefore the legal competence lies with the individual states. It is the Supreme Court that has imposed limits on what they can decide(ie they can't have a blanket ban), not the Federal government. If the Federal government had legal competence on these matters, then they would've already shut down the possibility of the individual states having their own restrictions.

With the Roe vs Wade decision, not even the Federal government could overturn it. How is that democratic?

Damien 03-05-2022 11:18

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
That's the way their system works.

nomadking 03-05-2022 11:20

Re: Draft Supreme Court opinion overturning abortion leaked
 
Quote:

Originally Posted by BenMcr (Post 36120911)
There is also the way a lot of the evangelical right look at this. They don't want women to have access to safe and legal abortion, but as soon as the resulting child is born they don't seem to want any support for them and the family at either the state or federal level.

I also don't understand why a lot of the same people that are supportive for the 'right to life' when it comes to abortion are also big supporters of the death penalty.

Then again why do those who oppose the death penalty, can also be in favour of someone being pulled apart and needing an anaesthetic because they can feel pain.:confused:

BenMcr 03-05-2022 11:23

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Quote:

Originally Posted by nomadking (Post 36120918)
If the Federal government had legal competence on these matters, then they would've already shut down the possibility of the individual states having their own restrictions.

https://www.theguardian.com/us-news/...ral-right-vote
Quote:

House Democrats vote to establish federal right to abortion

Women’s Health and Protection Act is part of strategy to push back against rush of state laws but unlikely to advance in Senate

Chris 03-05-2022 11:30

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Quote:

Originally Posted by nomadking (Post 36120918)
Individual states are passing laws in relation to abortion. Therefore the legal competence lies with the individual states. It is the Supreme Court that has imposed limits on what they can decide(ie they can't have a blanket ban), not the Federal government. If the Federal government had legal competence on these matters, then they would've already shut down the possibility of the individual states having their own restrictions.

With the Roe vs Wade decision, not even the Federal government could overturn it. How is that democratic?

The US Constitution states, in terms, that government may not unreasonably impinge on the liberty of the individual. The Supreme Court’s opinion is that this means neither federal nor state government may pass laws banning abortion, as this would represent an unreasonable infringement of a woman’s liberty.

Your argument is illogical. You’re claiming that states are trying to do something, therefore they have the competence to do it, whereas federal government hasn’t tried to stop them, therefore does not have the competence to stop them. However there are a range of other possible explanations for the actions of the states and the federal government. In particular there would be no value in the federal government legislating on abortion when it is a controversial issue, and the Supreme Court has already ruled on it.

The constitution is held a couple of steps back from being able to be changed by simple legislation because it is supposed to be the defining document of a nation state, not a reflection of temporary political preferences. Nevertheless there are democratic procedures available to change it, and those who interpret it are appointed by others who have been democratically elected. In fact it is the shifting political climate in the USA that has now brought it to the point where the Supreme Court position on abortion might now change.

BenMcr 03-05-2022 11:34

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Quote:

Originally Posted by Chris (Post 36120924)
The Supreme Court’s opinion is that this means neither federal nor state government may pass laws banning abortion, as this would represent an unreasonable infringement of a woman’s liberty.

That's not what the ruling says though (if true)
Quote:

“We hold that Roe and Casey must be overruled,” he writes in the document, labeled as the “Opinion of the Court.” “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”

nomadking 03-05-2022 11:51

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Quote:

Originally Posted by Chris (Post 36120924)
The US Constitution states, in terms, that government may not unreasonably impinge on the liberty of the individual. The Supreme Court’s opinion is that this means neither federal nor state government may pass laws banning abortion, as this would represent an unreasonable infringement of a woman’s liberty.

Your argument is illogical. You’re claiming that states are trying to do something, therefore they have the competence to do it, whereas federal government hasn’t tried to stop them, therefore does not have the competence to stop them. However there are a range of other possible explanations for the actions of the states and the federal government. In particular there would be no value in the federal government legislating on abortion when it is a controversial issue, and the Supreme Court has already ruled on it.

The constitution is held a couple of steps back from being able to be changed by simple legislation because it is supposed to be the defining document of a nation state, not a reflection of temporary political preferences. Nevertheless there are democratic procedures available to change it, and those who interpret it are appointed by others who have been democratically elected. In fact it is the shifting political climate in the USA that has now brought it to the point where the Supreme Court position on abortion might now change.

The individual states ARE imposing their own restrictions because they have the legal competence to do so.
As your quote stated :- "part of strategy to push back against rush of state laws". Of course, if the makeup of Congress etc changes, then they could return full control to the individual states.

BenMcr 03-05-2022 12:01

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Quote:

Originally Posted by nomadking (Post 36120927)
The individual states ARE imposing their own restrictions because they have the legal competence to do so.
As your quote stated :- "part of strategy to push back against rush of state laws". Of course, if the makeup of Congress etc changes, then they could return full control to the individual states.

As much as I can tell without the full knowledge of how the US law works, if Roe vs Wade is struck down (along with the linked Casey one) then the States laws are the ones that will apply without the ability to dispute them at the federal level - unless or until a federal law is passed.

If a federal abortion law is passed you can bet this ends up back at the Supreme Court where the states who have the opposite one would dispute it. That's true in both circumstances i.e. restrictive state laws and a federal access law or vice versa.

Chris 03-05-2022 12:04

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Quote:

Originally Posted by nomadking (Post 36120927)
The individual states ARE imposing their own restrictions because they have the legal competence to do so.
As your quote stated :- "part of strategy to push back against rush of state laws". Of course, if the makeup of Congress etc changes, then they could return full control to the individual states.

States can do whatever they are competent to do. By definition they cannot do what they are not competent to do. Even if they try, their actions will be struck down by the Supreme Court. States can make laws around access to abortion but they can’t ban it. They are not competent to do so because it is unconstitutional.

Quote:

Originally Posted by nomad
your quote stated :- "part of strategy to push back against rush of state laws".

I didn’t say that, nor have I linked to anyone who did. :confused:

BenMcr 03-05-2022 12:10

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Quote:

Originally Posted by Chris (Post 36120929)
They are not competent to do so because it is unconstitutional.

I don't think that's true. From the Politico story:
Quote:

The immediate impact of the ruling as drafted in February would be to end a half-century guarantee of federal constitutional protection of abortion rights and allow each state to decide whether to restrict or ban abortion.


---------- Post added at 12:10 ---------- Previous post was at 12:08 ----------

There has been no law banning it to date because of Roe vs Wade. Once that's gone I don't think there is any constitutional bar to a ban.

Maggy 03-05-2022 12:16

Re: Draft Supreme Court opinion overturning abortion leaked
 
Quote:

Originally Posted by BenMcr (Post 36120911)
There is also the way a lot of the evangelical right look at this. They don't want women to have access to safe and legal abortion, but as soon as the resulting child is born they don't seem to want any support for them and the family at either the state or federal level.

I also don't understand why a lot of the same people that are supportive for the 'right to life' when it comes to abortion are also big supporters of the death penalty.

:tu:

Chris 03-05-2022 12:17

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Quote:

Originally Posted by BenMcr (Post 36120930)
I don't think that's true. From the Politico story:


---------- Post added at 12:10 ---------- Previous post was at 12:08 ----------

There has been no law banning it to date because of Roe vs Wade. Once that's gone I don't think there is any constitutional bar to a ban.

Somewhat confusingly, I’m talking about the constitutional ban as it now stands, not as it might change… Don’t forget, what we’re talking about this morning is a draft, unpublished ruling that may yet never come to pass. As of right now, the states are not competent to ban abortion, because the supreme court opinion as it presently stands is that abortion is unconstitutional.

Damien 03-05-2022 12:24

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
It's going to be interesting to see what happens now. As the original stated it was been known for votes to change between drafts and the Justices debate and seek to change each other's minds.

But it's hard to imagine that they hadn't known where they are on this issue for years now. It's one the main issues they get appointed with in mind.

And who leaked it? Why? Seems like someone inside the court released it in order to try and exert pressure on the justices or politicians ahead of the mid-terms.

downquark1 03-05-2022 16:05

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Quote:

Originally Posted by Damien (Post 36120934)
And who leaked it? Why? Seems like someone inside the court released it in order to try and exert pressure on the justices or politicians ahead of the mid-terms.

If this had been on another subject it would have been called a violation of procedural justice and a threat to democracy. But it was this, so it's fine.

pip08456 03-05-2022 17:02

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Here we go again, media scaremongering that will probably lead to another 100+ page thread on something that may not turn out to be fact.

It's a draft of what one of the SCOTUS considers to be the final decision which has gone to the others for input.

Everything or parts could change before the final decision as has happened before. It is not yet a done deal.

The final ruling will not be until June/July.

Quote:

In 1992, then-Justice Anthony Kennedy, a conservative, had indicated that he was going to vote with the majority of the court to overturn Roe in Planned Parenthood v. Casey. Then he changed his mind, and the court voted to uphold the ruling.
If Supreme Court overturns Roe v. Wade, Texas will completely ban abortion.

Hugh 03-05-2022 18:33

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Quote:

Originally Posted by pip08456 (Post 36120956)
Here we go again, media scaremongering that will probably lead to another 100+ page thread on something that may not turn out to be fact.

It's a draft of what one of the SCOTUS considers to be the final decision which has gone to the others for input.

Everything or parts could change before the final decision as has happened before. It is not yet a done deal.

The final ruling will not be until June/July.



If Supreme Court overturns Roe v. Wade, Texas will completely ban abortion.

https://www.politico.com/news/2022/0...inion-00029473

Quote:

A person familiar with the court’s deliberations said that four of the other Republican-appointed justices – Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett – had voted with Alito in the conference held among the justices after hearing oral arguments in December, and that line-up remains unchanged as of this week.
Quote:

The document, labeled as a first draft of the majority opinion, includes a notation that it was circulated among the justices on Feb. 10.


---------- Post added at 18:33 ---------- Previous post was at 17:07 ----------

Interesting point (imho) at the end of an article in today’s Washington Post.

https://www.washingtonpost.com/opini...supreme-court/

Quote:

There is one possible sliver of a silver lining in this calamity of a ruling. Alito went out of his way to distinguish abortion from other rights, similarly unstated in the Constitution, such as access to contraception, homosexual sex and same-sex marriage. Abortion, he argued, is “a unique act” because it, unlike the others, implicates potential human life.

“We emphasize that our decision concerns the constitutional right to abortion and no other right,” Alito wrote. “Nothing in this opinion should be understood to cast doubt on precedents that do not concern abortion.”

You can, perhaps, take some solace in this. Or you could remember that Alito dissented vigorously in the same-sex marriage ruling, arguing that “the Constitution leaves that question to be decided by the people of each State.” If that sounds alarmingly familiar, it should.

pip08456 03-05-2022 20:53

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Quote:

Originally Posted by Hugh (Post 36120957)
https://www.politico.com/news/2022/0...inion-00029473





---------- Post added at 18:33 ---------- Previous post was at 17:07 ----------

Interesting point (imho) at the end of an article in today’s Washington Post.

https://www.washingtonpost.com/opini...supreme-court/

What are you trying to say Hugh? Yes it is is the first draft of apparently the majority opiniion written by ONE person. Has he got the opinions of those others correct? This is why it is a draft.

Why does it matter when it was circulated when the final decision isn't expected until June/July?

Has it been corrected/changed/ammended since then?

Kavenaugh has to be very careful as he stated under oath in front of congress that Roe v Wade was a settled question. Even a Supreme Court Justice can be impeached.


Damien 03-05-2022 21:09

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Quote:

Originally Posted by pip08456 (Post 36120988)
What are you trying to say Hugh? Yes it is is the first draft of apparently the majority opinion written by ONE person. Has he got the opinions of those others correct? This is why it is a draft.

The Majority and Minority opinions are usually written by one person to speak as the voice of the court.

Mick 03-05-2022 21:30

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Quote:

Originally Posted by pip08456 (Post 36120988)
What are you trying to say Hugh? Yes it is is the first draft of apparently the majority opiniion written by ONE person. Has he got the opinions of those others correct? This is why it is a draft.

Why does it matter when it was circulated when the final decision isn't expected until June/July?

Has it been corrected/changed/ammended since then?

Kavenaugh has to be very careful as he stated under oath in front of congress that Roe v Wade was a settled question. Even a Supreme Court Justice can be impeached.


Yes, they can but like presidential impeachments, requires super majority in the Senate, Republicans won’t side with the Democrats and the pathetic Democrats can’t keep using the impeachment tool to get their own way, it wasn’t designed for that.

nomadking 03-05-2022 21:41

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
If the document is genuine, then it has already been decided. The document is in order to set out the reasons for that decision, and for the other majority Judges to agree with it.

Hugh 03-05-2022 21:43

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Quote:

Originally Posted by nomadking (Post 36120996)
If the document is genuine, then it has already been decided. The document is in order to set out the reasons for that decision, and for the other majority Judges to agree with it.

Not necessarily true…

https://www.npr.org/2022/05/03/10961...pinion-process

Quote:

There's always a chance that the draft opinion doesn't end up looking similar to the final opinion, NPR legal affairs correspondent Nina Totenberg told Morning Edition, noting that this has happened numerous times.

A majority of justices must "sign onto" the court's opinion before it can be delivered publicly, according to the U.S. Courts website.

"No opinion is considered the official opinion of the Court until it is delivered in open Court (or at least made available to the public)," it says.

nomadking 03-05-2022 21:56

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Quote:

Originally Posted by Hugh (Post 36120997)

The reasons for a decision are one thing, the actual decision is another.
If the decision changes, who then writes the reasons? There must've been a broad agreement on the reasons for the document to exist.


It would be silly if each Judge had to write two personal opinions of the reasons. One agreeing with an outcome, the other disagreeing.

Chris 03-05-2022 21:58

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Quote:

Originally Posted by Hugh (Post 36120997)

Not necessarily, however multiple people apparently in the know have said today that in this case, the basic decision has been made and it is only likely to be the reasons that are finessed before publication. The leak is likely to have occurred in order to get maximum change to the reasons, potentially limiting the impact of the decision.

nomadking 03-05-2022 22:43

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Either the Federal government can impose it's own restrictions over the heads of the individual States, or it can't. Can't see too much of an in-between.
The document is now out there, so any significant changes will involve interfering with the judicial process. The leaking of the document means the decision cannot be changed or the reasons finessed in any significant way.

Chris 03-05-2022 23:00

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Quote:

Originally Posted by nomadking (Post 36121007)
Either the Federal government can impose it's own restrictions over the heads of the individual States, or it can't. Can't see too much of an in-between.
The document is now out there, so any significant changes will involve interfering with the judicial process. The leaking of the document means the decision cannot be changed or the reasons finessed in any significant way.

The ‘finessing’ would only occur in private discussion between the Supreme Court justices. There’s no role in this process for the federal government. The leaking has probably occurred at the hands of one of the dissenting minority and is designed to put public pressure on the majority to weaken their final, official opinion as much as possible, given that what they’re intent on doing is clearly opposed by a majority across the US as a whole.

Assuming Roe v Wade is set aside this summer, and certain states trigger their pre-prepared legislation to ban abortion, there then might arise the question of whether the federal government can legislate to overrule them. That in itself would I suspect become a constitutional issue though it’s far beyond my knowledge of the subject.

nomadking 04-05-2022 07:12

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Quote:

Originally Posted by Chris (Post 36121008)
The ‘finessing’ would only occur in private discussion between the Supreme Court justices. There’s no role in this process for the federal government. The leaking has probably occurred at the hands of one of the dissenting minority and is designed to put public pressure on the majority to weaken their final, official opinion as much as possible, given that what they’re intent on doing is clearly opposed by a majority across the US as a whole.

Assuming Roe v Wade is set aside this summer, and certain states trigger their pre-prepared legislation to ban abortion, there then might arise the question of whether the federal government can legislate to overrule them. That in itself would I suspect become a constitutional issue though it’s far beyond my knowledge of the subject.

You say that the "finessing" would be in private, but also say that it would be a result of public pressure.:confused: That is still unduly influencing a judicial decision.

With this decision, complete control would rest with the individual States. Nothing the Federal government could do about it.
Whether or not the majority of the US as a whole, has a certain opinion, doesn't give the Federal authorities the automatic right to override matters that are controlled at State level. Just as the UK government doesn't have a say on devolved matters in the UK.
Link
Quote:

The Supreme Court is considering a case which challenges Mississippi's ban on abortion after 15 weeks.
If the court rules in favour of Mississippi, it will effectively end the constitutional right to an abortion, and make abortion rights a decision for individual states once again.

Chris 04-05-2022 07:58

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Quote:

Originally Posted by nomadking (Post 36121015)
You say that the "finessing" would be in private, but also say that it would be a result of public pressure.:confused: That is still unduly influencing a judicial decision.

I’m not sure what you find confusing about this. Decisions taken in private can most definitely be affected by public pressure.

Quote:

With this decision, complete control would rest with the individual States. Nothing the Federal government could do about it.
Whether or not the majority of the US as a whole, has a certain opinion, doesn't give the Federal authorities the automatic right to override matters that are controlled at State level. Just as the UK government doesn't have a say on devolved matters in the UK.
Link
Actually not quite the same because the UK devolution settlements only delegate responsibility for certain issues, they don’t cede sovereignty over them. The UK Parliament can legislate in devolved areas, without agreement from the devolved administrations, and has done so in some recent changes to UK market rules post-Brexit. The UK government has a say - when it really wants to - by putting legislation to the UK parliament.

Mick 04-05-2022 08:33

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Funny isn’t it how liberals scream and protest my body, my choice, but didn’t do the same when it came to compulsory covid vaccinations.

If and when Roe v Wade is struck down by the Supreme Court of the United States, abortion doesn’t become banned. Each State will have their own laws, so California and New York, would still permit abortions.

To ban or permit abortion nationwide, would require a Constitutional Amendment and that requires in itself huge hurdles to overcome, it would never happen.

If the Democrats create a law, just via Congressional means, the Supreme Court could declare it unconstitutional via judicial review and strike it down. Critics feel the Supreme Court is undemocratic, overturning Congress and executive orders via the president, but the Supreme Court, always applies the Constitution to legal tests, and the Constitution, is Democratic, because it’s always been the ‘will of the people’.

pip08456 04-05-2022 08:59

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
1 Attachment(s)
Quote:

Originally Posted by nomadking (Post 36120996)
If the document is genuine, then it has already been decided. The document is in order to set out the reasons for that decision, and for the other majority Judges to agree with it.

You'd better have a read of this. It doesn't represent the court's decision.

Damien 04-05-2022 09:05

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Quote:

Originally Posted by Mick (Post 36121019)
If and when Roe v Wade is struck down by the Supreme Court of the United States, abortion doesn’t become banned. Each State will have their own laws, so California and New York, would still permit abortions.

Yes but that can be quite a hurdle if you've not got much money and are in the Southwestern States. I believe some of these states are also looking at criminalising going across State lines for an abortion although I imagine that would end up in the Supreme Court pretty sharpish.

The Republicans might be looking at a federal ban after 6 weeks as well: https://www.washingtonpost.com/natio...t-mississippi/

Although that is probably unconstitutional as well.

---------- Post added at 09:05 ---------- Previous post was at 09:03 ----------

Quote:

Originally Posted by pip08456 (Post 36121023)
You'd better have a read of this. It doesn't represent the court's decision.

It doesn't represent a final decision but no one is saying that, they're saying this is a very strong indicator they're going to be making this decision.

downquark1 04-05-2022 09:40

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Quote:

Originally Posted by Mick (Post 36121019)
If the Democrats create a law, just via Congressional means, the Supreme Court could declare it unconstitutional via judicial review and strike it down. Critics feel the Supreme Court is undemocratic, overturning Congress and executive orders via the president, but the Supreme Court, always applies the Constitution to legal tests, and the Constitution, is Democratic, because it’s always been the ‘will of the people’.

I don't think the supreme court can strike down such a federal law, especially if it was considered THE correct interpretation of the constitution just a few months ago.

Hom3r 04-05-2022 10:31

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
I see they have sorted out their priorities :rolleyes:


In the US, it's easier for someone with mental health issues to buy an AR15 and enough ammo to start WWIII and WWWIV, than a woman to get an abortion.

Mick 04-05-2022 12:54

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Quote:

Originally Posted by Hom3r (Post 36121031)
I see they have sorted out their priorities :rolleyes:


In the US, it's easier for someone with mental health issues to buy an AR15 and enough ammo to start WWIII and WWWIV, than a woman to get an abortion.

Not in all States it's not - some States like California have by American standards, the most restrictive gun laws.

When I mentioned above about the "Will of the people" being enshrined in to the Constitution - most of it is the will of the people 200+ years ago, when it was the era of the musket which fired one round of a musket ball (lead ball). Given the high death toll attributed to more modern and fast firing guns in the U.S - makes the second amendment out of date and lethal cultural mistake, IMO.

pip08456 04-05-2022 14:50

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Quote:

Originally Posted by Mick (Post 36121047)
Not in all States it's not - some States like California have by American standards, the most restrictive gun laws.

When I mentioned above about the "Will of the people" being enshrined in to the Constitution - most of it is the will of the people 200+ years ago, when it was the era of the musket which fired one round of a musket ball (lead ball). Given the high death toll attributed to more modern and fast firing guns in the U.S - makes the second amendment out of date and lethal cultural mistake, IMO.

And therein lies the problem with the constitution Mick. As the "will of the people" changed over the years so should've the constitution. An odd amendment or two is not enough.

The "will of the people" then and now is different.

Damien 04-05-2022 14:54

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Their approach makes sense if you believe you can work together and come to a common arrangement occasionally. Amendments should be hard but possible. It's hard to imagine the United States ever making a new amendment now.

pip08456 04-05-2022 15:01

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Quote:

Originally Posted by Damien (Post 36121074)
Their approach makes sense if you believe you can work together and come to a common arrangement occasionally. Amendments should be hard but possible. It's hard to imagine the United States ever making a new amendment now.

Whose approach?

downquark1 04-05-2022 15:04

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
The constitution is not meant to encode the will of the people, in fact it is the opposite, it is suppose to constrain the government and the will of the people in accordance with the designs of the founders and their ideas of a functioning state.

This is a crucial difference between a republic and a pure democracy and why France declares a new republic whenever they throw a temper tantrum (they are on their fifth)

Damien 04-05-2022 15:14

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Quote:

Originally Posted by pip08456 (Post 36121078)
Whose approach?

America's system where they have these check and balances designed to slow things down past a single election cycle.

Mick 11-05-2022 22:40

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
BREAKING: WASHINGTON, May 11 (Reuters) - Legislation to make abortion legal throughout the United States was defeated in the U.S. Senate on Wednesday, amid solid Republican opposition.

Democrats had sought to head off an impending Supreme Court opinion that is expected to overturn the nearly 50-year-old Roe v. Wade decision that established the national right to abortion. Wednesday's effort was a protest gesture that never stood much chance of success.

With 49 votes in support and 51 against, the "Women's Health Protection Act" was 11 short of the 60 votes needed to be fully debated in the 100-member Senate.

All 50 Republicans voted to block the bill. They were joined by one Democrat, Senator Joe Manchin. - Reuters.

Damien 12-05-2022 13:07

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Was never going to pass.

Still surprised the filibuster remains, I wonder how the vote would have gone if a simple majority were needed? I.E Joe Manchin voting No is more consequential for him if it's the decided vote on abortion.

Mick 24-06-2022 16:11

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
BREAKING: U.S Supreme Court overturns Roe V Wade that gave women right to legalised abortion. More to follow…

nomadking 24-06-2022 16:17

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Quote:

Originally Posted by Mick (Post 36126173)
BREAKING: U.S Supreme Court overturns Roe V Wade that gave women right to legalised abortion. More to follow…

There isn't a US wide ban on abortion.:rolleyes:
It is now in the hands of the individual states.

Mick 24-06-2022 16:31

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Quote:

Originally Posted by nomadking (Post 36126174)
There isn't a US wide ban on abortion.:rolleyes:
It is now in the hands of the individual states.

Of which half are set to impose bans immediately or the next few days. 25 States is still a big part of a nation.

nomadking 24-06-2022 16:40

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Quote:

Originally Posted by Mick (Post 36126175)
Of which half are set to impose bans immediately or the next few days. 25 States is still a big part of a nation.

Link

Quote:

"We therefore hold that the Constitution does not confer a right to abortion... and the authority to regulate abortion must be returned to the people and their elected representatives," the judgement read.
The Left and Liberals are much too keen on imposing their will on people, regardless of what any electorate think.
The irony is that this decision couldn't arise until somebody decided to challenge restrictions in a particular state.
Quote:

The Supreme Court had been considering a case, Dobbs v Jackson Women's Health Organization, that challenged Mississippi's ban on abortion after 15 weeks.

Mick 24-06-2022 16:58

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
BREAKING Missouri becomes first US state to ban abortion after Supreme Court ruling: attorney general - AFP News Agency

And so it begins…

---------- Post added at 16:54 ---------- Previous post was at 16:48 ----------

NEW: Former U.S President Barack Obama condemned the U.S. Supreme Court ending constitutional protection.

---------- Post added at 16:58 ---------- Previous post was at 16:54 ----------

BREAKING: Texas Attorney General Ken Paxton declares that abortion is now illegal in Texas as it becomes the 2nd State to outlaw it straight after Highest Court of the land, reverses R v W.

1andrew1 24-06-2022 17:03

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Quote:

Originally Posted by nomadking (Post 36126176)
Link

The Left and Liberals are much too keen on imposing their will on people, regardless of what any electorate think.
The irony is that this decision couldn't arise until somebody decided to challenge restrictions in a particular state.

Can you not see the irony in the right curtailing the freedom of an individual regardless of what decision that individual wishes to make?

BenMcr 24-06-2022 17:05

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Quote:

Originally Posted by nomadking (Post 36126176)
regardless of what any electorate think.

https://www.pewresearch.org/religion...n-on-abortion/

Quote:

Views on abortion, 1995-2022
While public support for legal abortion has fluctuated some in two decades of polling, it has remained relatively stable over the past several years. Currently, 61% say abortion should be legal in all or most cases, while 37% say it should be illegal in all or most cases.

nomadking 24-06-2022 17:10

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Quote:

Originally Posted by 1andrew1 (Post 36126181)
Can you not see the irony in the right curtailing the freedom of an individual regardless of what decision that individual wishes to make?

There's more than one individual involved.
The court can't choose what it's going to rule on. It can only decide on cases brought before it. If State imposed restrictions hadn't been challenged, they couldn't rule either way on the issue.

BenMcr 24-06-2022 17:11

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Quote:

Originally Posted by nomadking (Post 36126183)
If State imposed restrictions hadn't been challenged, they couldn't rule either way on the issue.

Most of the recent abortion laws passed in Republican states were specifically designed to be challenged so that this would end up in the Supreme Court.

nomadking 24-06-2022 17:15

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Quote:

Originally Posted by BenMcr (Post 36126182)

And that's in each and every state is it? Or is it yet another instance of certain states trying to impose their will on the others.
Individual states already had certain restrictions and the electorate in those states would seem happy with those allowed by Roe v Wade.

Mick 24-06-2022 17:15

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Quote:

Originally Posted by Mick (Post 36126173)
BREAKING: U.S Supreme Court overturns Roe V Wade that gave women right to legalised abortion. More to follow…

Quote:

WASHINGTON (AP) — The Supreme Court has ended the nation’s constitutional protections for abortion that had been in place nearly 50 years in a decision by its conservative majority to overturn Roe v. Wade. Friday’s outcome is expected to lead to abortion bans in roughly half the states.

The decision, unthinkable just a few years ago, was the culmination of decades of efforts by abortion opponents, made possible by an emboldened right side of the court that has been fortified by three appointees of former President Donald Trump.

Both sides predicted the fight over abortion would continue, in state capitals and in Washington, and Justice Clarence Thomas, part of Friday’s majority, called on the court to overturn other high court rulings protecting same-sex marriage, gay sex and the use of contraceptives.

The ruling came more than a month after the stunning leak of a draft opinion by Justice Samuel Alito indicating the court was prepared to take this momentous step.

It puts the court at odds with a majority of Americans who favored preserving Roe, according to opinion polls.

Alito, in the final opinion issued Friday, wrote that Roe and Planned Parenthood v. Casey, the 1992 decision that reaffirmed the right to abortion, were wrong the days they were decided and must be overturned.

“We therefore hold that the Constitution does not confer a right to abortion. Roe and Casey must be overruled, and the authority to regulate abortion must be returned to the people and their elected representatives,” Alito wrote, in an opinion that was very similar to the leaked draft.

Authority to regulate abortion rests with the political branches, not the courts, Alito wrote.

Joining Alito in the 5-3 vote were Thomas and Justices Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett. The latter three justices are Trump appointees. Thomas first voted to overrule Roe 30 years ago.

Chief Justice John Roberts would have stopped short of ending the abortion right, noting that he would have done no more than uphold the Mississippi law at the heart of the case, a ban on abortion after 15 weeks. He wrote that there was no need to overturn the broad abortion precedents to rule in Mississippi’s favor.

Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan — the diminished liberal wing of the court — were in dissent.
https://apnews.com/article/abortion-...source=Twitter

heero_yuy 24-06-2022 17:15

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
Return of the backstreet abortionists with the consequent health issues for women. :rolleyes:

TheDaddy 24-06-2022 17:21

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
Wonder what rights they'll go after next, can't imagine they're massive fans of gay marriage or contraception

Julian 24-06-2022 17:26

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
Quote:

Originally Posted by TheDaddy (Post 36126188)
Wonder what rights they'll go after next, can't imagine they're massive fans of gay marriage or contraception

Quote:

Both sides predicted the fight over abortion would continue, in state capitals and in Washington, and Justice Clarence Thomas, part of Friday’s majority, called on the court to overturn other high court rulings protecting same-sex marriage, gay sex and the use of contraceptives.
There ya go.....

BenMcr 24-06-2022 17:26

Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked
 
Quote:

Originally Posted by nomadking (Post 36126185)
And that's in each and every state is it? Or is it yet another instance of certain states trying to impose their will on the others.
Individual states already had certain restrictions and the electorate in those states would seem happy with those allowed by Roe v Wade.

Judge Thomas has already stated that using the same legal thought process, he would want to revisit the Supreme Court rulings that allowed for US wide access to contraception, allowed same-sex relationships and same-sex marriage.

https://www.independent.co.uk/news/c...-b2108823.html

There is also an argument that as it's not in the constitution but was a Supreme Court ruling, that 'Loving vs Virginia' could also be reversed at some point, which struck down laws banning inter-racial marriage.

https://www.msnbc.com/opinion/msnbc-...rtion-n1296339

TheDaddy 24-06-2022 17:32

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
Quote:

Originally Posted by Julian (Post 36126189)
There ya go.....

ffs, was joking, in the land of the free as well, seems like the only thing you're free to do is have a gun :rolleyes:

BenMcr 24-06-2022 17:33

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
Quote:

Originally Posted by TheDaddy (Post 36126188)
Wonder what rights they'll go after next, can't imagine they're massive fans of gay marriage or contraception

Quote:

Originally Posted by Julian (Post 36126189)
There ya go.....

And Mike Pence wants to ensure that all states ban abortion

https://www.yahoo.com/entertainment/...151852518.html

Quote:

Pence went on to declare that now that “Roe v. Wade has been consigned to the ash heap of history, a new arena in the cause of life has emerged and it is incumbent on all who cherish the sanctity of life to resolve that we will take the defense of the unborn and support for women in crisis pregnancies to every state Capitol in America. Having been given this second chance for Life, we must not rest and must not relent until the sanctity of life is restored to the center of American law in every state in the land.”

1andrew1 24-06-2022 17:35

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
Quote:

Originally Posted by TheDaddy (Post 36126188)
Wonder what rights they'll go after next, can't imagine they're massive fans of gay marriage or contraception

The Taliban will wonder if they've got some competition out there for taking a country back to the dark ages!

nomadking 24-06-2022 17:38

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
Quote:

Originally Posted by BenMcr (Post 36126192)
And Mike Pence wants to ensure that all states ban abortion

https://www.yahoo.com/entertainment/...151852518.html

He's still saying that it's up to individual States to decide on the matter.
Too much tacking onto the Constitution of things that were never intended to be allowed, and if they knew in the future these issues would be raised, they more than likely would have explicitly banned them right from the start.

papa smurf 24-06-2022 17:46

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
What is the point in forcing women to give birth to children they don't want :td:

BenMcr 24-06-2022 17:46

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
Quote:

Originally Posted by nomadking (Post 36126195)
and if they knew in the future these issues would be raised, they more than likely would have explicitly banned them right from the start.

Or they already knew it happened and didn't want to ban it

https://www.history.com/topics/women...ore-roe-v-wade

Quote:

Until the late 19th century, abortion was legal in the United States before “quickening,” the point at which a woman could first feel movements of the fetus, typically around the fourth month of pregnancy.
Quote:

In the late 1850s, the newly established American Medical Association began calling for the criminalization of abortion, partly in an effort to eliminate doctors’ competitors such as midwives and homeopaths.

Additionally, some nativists, alarmed by the country’s growing population of immigrants, were anti-abortion because they feared declining birth rates among white, American-born, Protestant women.

Mad Max 24-06-2022 17:52

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
Ok, so this basically means that a woman can still have an abortion up to 15 weeks after becoming pregnant, I'm not trying to be funny here, but how long realistically would a woman know that she is definitely pregnant?
A screening test for Down's syndrome is available between weeks 10 and 14 of pregnancy.

BenMcr 24-06-2022 17:52

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
Quote:

Originally Posted by Mad Max (Post 36126198)
Ok, so this basically means that a woman can still have an abortion up to 15 weeks after becoming pregnant, I'm not trying to be funny here, but how long realistically would a woman know that she is definitely pregnant?
A screening test for Down's syndrome is available between weeks 10 and 14 of pregnancy.

No - states are moving towards banning of abortion 'from conception'

https://www.bbc.co.uk/news/world-us-canada-61804777

Mad Max 24-06-2022 17:53

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
Quote:

Originally Posted by BenMcr (Post 36126199)
No - states are moving towards banning of abortion 'from conception'

Really? That's not what I'm seeing on the news.

Mick 24-06-2022 17:53

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
Former U.S Presidential Candidate: Hillary Clinton:

Quote:

Most Americans believe the decision to have a child is one of the most sacred decisions there is, and that such decisions should remain between patients and their doctors.

Today’s Supreme Court opinion will live in infamy as a step backward for women's rights and human rights.

nomadking 24-06-2022 18:03

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
Quote:

Originally Posted by BenMcr (Post 36126197)
Or they already knew it happened and didn't want to ban it

https://www.history.com/topics/women...ore-roe-v-wade

So still not a Constitutional right, back then.
Quote:

In the late 1850s, the newly established American Medical Association began calling for the criminalization of abortion, partly in an effort to eliminate doctors’ competitors such as midwives and homeopaths.
If it was legal at a federal level, how come States had to pass laws allowing it?

Quote:

Meanwhile, in 1970, Hawaii became the first state to legalize abortion, although the law only applied to the state’s residents. That same year, New York legalized abortion, with no residency requirement. By the time of Roe v. Wade in 1973, abortion was also legally available in Alaska and Washington.


---------- Post added at 18:03 ---------- Previous post was at 17:55 ----------

Quote:

Originally Posted by Mad Max (Post 36126200)
Really? That's not what I'm seeing on the news.

There is a list of States in the link.
The problem is that the exceptions allowed will end up be so widely defined as to allow abortion on demand. The number of rape and incest cases is going to magically shoot up to match those wanting abortions.

Mick 24-06-2022 18:03

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
Quote:

Originally Posted by Mad Max (Post 36126200)
Really? That's not what I'm seeing on the news.

States, mainly Republican leaning, will ban it in some form or totally ban it outright.

BenMcr 24-06-2022 18:06

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
Quote:

Originally Posted by nomadking (Post 36126202)
The number of rape and incest cases is going to magically shoot up to match those wanting abortions.

Many states don't have those as exceptions.

Texas doesn't, nor does Oklahoma, Ohio or Kentucky amongst others.

Mick 24-06-2022 18:14

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
Quote:

Originally Posted by BenMcr (Post 36126205)
Many states don't have those as exceptions.

Texas doesn't, nor does Oklahoma, Ohio or Kentucky amongst others.

Horrible. Women to be forced to keep pregnancies caused by rape.

nomadking 24-06-2022 18:15

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
Quote:

Originally Posted by BenMcr (Post 36126205)
Many states don't have those as exceptions.

Texas doesn't, nor does Oklahoma, Ohio or Kentucky amongst others.

Quote:

Texas

A trigger law passed in 2021 would go into effect, banning abortion at any stage. There is an exception for medical emergencies to save the mother’s life. There are no exceptions for rape or incest. Anyone who performs abortions could face up to life in prison and fines, but patients themselves would be exempted from prosecution.
Quote:

Abortion in the United Kingdom is legally available through the Abortion Act 1967 in Great Britain, and the Abortion (Northern Ireland) (No.2) Regulations 2020.
In England, Scotland, and Wales, abortion is permitted on the grounds of:
  • risk to the life of the pregnant woman;
  • preventing grave permanent injury to her physical or mental health;
  • risk of injury to the physical or mental health of the pregnant woman or any existing children of her family (up to a term limit of 24 weeks of gestation); or
  • substantial risk that, if the child were born, he or she would "suffer from such physical or mental abnormalities as to be seriously handicapped".

And the effect was to allow abortion on demand, on the bogus grounds of the woman being suicidal. A cleft palate was considered a serious handicap. They always find a way to selectively dodge the law.

Mick 24-06-2022 18:29

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
BREAKING: U.S President Joe Biden says U.S Supreme Court decision will jeopardise millions of womens health and blames his predecessor, former president, Donald Trump.

ianch99 24-06-2022 18:40

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
i have just finished watching the latest series of the Handmaid's Tale and for those who have not watched it, I would recommend it. For the great acting, yes but also for how much closer the US has just become to Gilead.

nomadking 24-06-2022 18:42

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
Quote:

Originally Posted by Mick (Post 36126209)
BREAKING: U.S President Joe Biden says U.S Supreme Court decision will jeopardise millions of womens health and blames his predecessor, former president, Donald Trump.

We can't have little thing called democracy get in the way of diktat.:rolleyes: You're only allowed to vote or decide the way they demand.

ianch99 24-06-2022 18:47

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
Here are the various Supreme Court nominees lying their way into the job:

US Supreme Court justice promising to not overturn Roe v. Wade (abortion rights) during their appointment hearings

Quote:

In the United Status supreme court justices are appointed after a hearing from the representatives where they ask the nominees about multiple issues. Today US Supreme Court gave a ruling that US citizens don't have right to abortion overturning its previous decision in famous case called Roe V. Wade

All the judges who voted in favor of overturning Roe V Wade were specifically asked during nomination hearings whether they would do so or not. Each one (who voted in favor) said no at the time, but today they overturned the previous decision taking away protection under right to abortion

Pierre 24-06-2022 18:48

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
Quote:

Originally Posted by Mick (Post 36126209)
BREAKING: U.S President Joe Biden says U.S Supreme Court decision will jeopardise millions of womens health and blames his predecessor, former president, Donald Trump.

Well then, he should change it!

It’s quite simple, the law courts do not make legislation they adjudicate on it. Politicians make law, not judges.

All the Supreme Court has done is recognise this anomaly.

I’m not an expert on the US legislative system, but I would think a Federal bill on abortion rights could be brought before the Senate and House of Representatives and be voted on.

That’s democracy isn’t it?

Paul 24-06-2022 18:54

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
Quote:

Originally Posted by Mick (Post 36126209)
BREAKING: U.S President Joe Biden says U.S Supreme Court decision will jeopardise millions of womens health and blames his predecessor, former president, Donald Trump.

Of course he does, blaming the "predecessor" is standard policy.

nomadking 24-06-2022 18:55

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
Quote:

Originally Posted by ianch99 (Post 36126212)

So what. Shouldn't have been a question in the first place. Not for anybody to unduly bully and interfere with a potential judicial decision, as that question attempts to do.
As I pointed out, "You're only allowed to vote or decide the way they demand".:mad:

Damien 24-06-2022 18:59

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
Quote:

Originally Posted by Pierre (Post 36126213)
Well then, he should change it!

It’s quite simple, the law courts do not make legislation they adjudicate on it. Politicians make law, not judges.

All the Supreme Court has done is recognise this anomaly.

I’m not an expert on the US legislative system, but I would think a Federal bill on abortion rights could be brought before the Senate and House of Representatives and be voted on.

That’s democracy isn’t it?

They can't because although they have a majority you need a super majority in the Senate which the Democrats don't have.

nomadking 24-06-2022 19:00

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
Quote:

Originally Posted by Pierre (Post 36126213)
Well then, he should change it!

It’s quite simple, the law courts do not make legislation they adjudicate on it. Politicians make law, not judges.

All the Supreme Court has done is recognise this anomaly.

I’m not an expert on the US legislative system, but I would think a Federal bill on abortion rights could be brought before the Senate and House of Representatives and be voted on.

That’s democracy isn’t it?

Then watch the squealing when the legislature changes hands.:rolleyes:

Mick 24-06-2022 19:04

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
Quote:

Originally Posted by Pierre (Post 36126213)
Well then, he should change it!

It’s quite simple, the law courts do not make legislation they adjudicate on it. Politicians make law, not judges.

All the Supreme Court has done is recognise this anomaly.

I’m not an expert on the US legislative system, but I would think a Federal bill on abortion rights could be brought before the Senate and House of Representatives and be voted on.

That’s democracy isn’t it?

Democrats tried, earlier on but failed in part because of the 50/50 split Senate and the old filibuster chestnut. One Democrat Senator sided with Republicans, so they couldn’t even use Vice President, Kamila Harris to break tie vote

The legislative branch of Government is the bottleneck to real modern day changes required in America.

Pierre 24-06-2022 19:10

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
Quote:

Originally Posted by Damien (Post 36126216)
They can't because although they have a majority you need a super majority in the Senate which the Democrats don't have.

Well they have to work within the confines of their democratic system and not circumvent it via the courts. Roe v Wade and the actions resulting from that were unconstitutional (which is a big thing in the US)

If they can’t get a federal bill through , then it’s down to state legislature.

Many states will still offer abortions, if your state doesn’t, then lobby the state senate and Governor and /or vote them out.

Again……..democracy.

---------- Post added at 19:10 ---------- Previous post was at 19:07 ----------

Quote:

Originally Posted by Mick (Post 36126219)
Democrats tried, earlier on but failed in part because of the 50/50 split Senate and the old filibuster chestnut. One Democrat Senator sided with Republicans, so they couldn’t even use Vice President, Kamila Harris to break tie vote

The legislative branch of Government is the bottleneck to real modern day changes required in America.

Understood, but you can’t short cut democracy when it suits, or doesn’t suit.

Look at the blow back here on the ECHR interference with the Rwanda plan.

We will sort that out through our government changing the law, the US has to do the same with the abortion issue.

nomadking 24-06-2022 19:17

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
Quote:

Originally Posted by Mick (Post 36126219)
Democrats tried, earlier on but failed in part because of the 50/50 split Senate and the old filibuster chestnut. One Democrat Senator sided with Republicans, so they couldn’t even use Vice President, Kamila Harris to break tie vote

The legislative branch of Government is the bottleneck to real modern day changes required in America.

Silly question, but who gets to determine "modern day changes required"?
"Modern day" science has determined that unborn children can feel pain when pulled apart by the abortion process. Is that an example of "modern day changes required", you were referring to?

Mad Max 24-06-2022 19:21

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
Quote:

Originally Posted by ianch99 (Post 36126210)
i have just finished watching the latest series of the Handmaid's Tale and for those who have not watched it, I would recommend it. For the great acting, yes but also for how much closer the US has just become to Gilead.


I've watched all of the episodes, fantastic series.

Pierre 24-06-2022 19:30

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
Quote:

Originally Posted by nomadking (Post 36126222)
Silly question, but who gets to determine "modern day changes required"?
"Modern day" science has determined that unborn children can feel pain when pulled apart by the abortion process. Is that an example of "modern day changes required", you were referring to?

It’s probably one of the hardest issues to debate. The rights of the unborn child v the rights of the mother.

I don’t think there is really any “one size fits all” answer.

There are perhaps stages throughout pregnancy that certain decisions can be made.

One thing is certain though it is poor women in states that ban abortion or have shorter deadlines that will suffer. If you can afford to fly to California, it won’t be a problem for you. If you’re poor and live in Texas…..not good.

Damien 24-06-2022 19:31

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
Quote:

Originally Posted by Pierre (Post 36126220)
Well they have to work within the confines of their democratic system and not circumvent it via the courts. Roe v Wade and the actions resulting from that were unconstitutional (which is a big thing in the US)

If they can’t get a federal bill through , then it’s down to state legislature.

Many states will still offer abortions, if your state doesn’t, then lobby the state senate and Governor and /or vote them out.

Again……..democracy.

The Supreme Court and the Constitution are intentionally designed to guarantee some rights. For a time they had decided that a woman's right to choose was one of them. The debate is if it should be.

I understand you're saying these rights shouldn't circumvent lawmakers by using the court but that's their system. If we want to debate the merits of their democracy, I would also find fault with a system where California's 40 million people get the same level of representation as Wyoming's 500,000 people. A system which means 61% of Americans can support the right to have an abortion but legislation to protect that is never likely to pass because those people aren't distributed across the country. But again, their system.

Personally, I think there should be protection for individual rights beyond a show of hands at any given time. People's fundamental rights should not be taken from them because a majority (or this case, a minority) simply say so. And as long as America recognises this concept of inalienable rights then it's legitimate to question the court on what those rights should be.

TheDaddy 24-06-2022 19:36

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
Quote:

Originally Posted by Mick (Post 36126204)
States, mainly Republican leaning, will ban it in some form or totally ban it outright.

You think they'll try to punish people who leave their state to have one once they return or prosecute clinics in the states that perform the procedures on their citizens?

Quote:

Originally Posted by nomadking (Post 36126211)
We can't have little thing called democracy get in the way of diktat.:rolleyes: You're only allowed to vote or decide the way they demand.

The vast, vast majority of people there aren't in favour of this but don't let that get in the way of your little rant

nomadking 24-06-2022 19:43

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
Quote:

Originally Posted by TheDaddy (Post 36126227)
You think they'll try to punish people who leave their state to have one once they return or prosecute clinics in the states that perform the procedures on their citizens?



The vast, vast majority of people there aren't in favour of this but don't let that get in the way of your little rant

There have been plenty of decades, before and after Roe v Wade, to change anything.
In each and every individual state? It's about those that are constantly trying to rule by diktat, without the messiness of a ballot box getting in their way.

Pierre 24-06-2022 20:02

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
Quote:

Originally Posted by Damien (Post 36126226)
Personally, I think there should be protection for individual rights beyond a show of hands at any given time. People's fundamental rights should not be taken from them because a majority (or this case, a minority) simply say so. And as long as America recognises this concept of inalienable rights then it's legitimate to question the court on what those rights should be.

100% agree, it would probably require an amendment to the constitution though.

Damien 24-06-2022 21:05

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
Quote:

Originally Posted by Pierre (Post 36126229)
100% agree, it would probably require an amendment to the constitution though.

:tu:

This is the law in Arkansas.

https://twitter.com/NicoleClowneyAR/...49907357167617

Quote:

Arkansas’s abortion ban (in effect today) allows no exception for rape. It allows no exception for incest. It allows no exception for a lethal fetal condition.
This people claim to be protecting life and religiously motivated but the people who wrote that law are not. At least not like any religious person I have ever met. The minds behind this law are sick.

Pierre 24-06-2022 21:27

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
Quote:

Originally Posted by Damien (Post 36126232)
:tu:

This is the law in Arkansas.

https://twitter.com/NicoleClowneyAR/...49907357167617



This people claim to be protecting life and religiously motivated but the people who wrote that law are not. At least not like any religious person I have ever met. The minds behind this law are sick.

Like all things, the debate is nuanced. Extremes to either side of the debate are unpalatable.

But the debate needs to be had and a consensus needs to be reached.

That is a democratic and reasonable societal path to take.

If we cannot do that, in this or other matters, then Western democracy is screwed.

Damien 24-06-2022 21:42

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
Quote:

Originally Posted by Pierre (Post 36126233)
Like all things, the debate is nuanced. Extremes to either side of the debate are unpalatable.

But the debate needs to be had and a consensus needs to be reached.

That is a democratic and reasonable societal path to take.

If we cannot do that, in this or other matters, then Western democracy is screwed.

I don't want to keep going on about and beating a dead horse but I think what was the law: that women can choose what they do with their bodies with regard to pregnancy was correct. There isn't really an extreme position there. Like the U.K there was a limit at the point the fetus is considered 'viable', you could maybe debate a few weeks here and there but that isn't central to the issue.

Beyond that, I don't think there should be a debate on someone's rights. You can be against abortion no problem but it's not a belief you should impose on others. I understand that if someone believes that life begins at conception this is an extremely hard thing, you're talking about ending a life, but again I come back to the same argument that you can't force a woman to carry a fetus to term. Although I accept that taking that argument to the extreme means you could have an abortion just before birth.

I am pretty tired and this argument is a bit all over the place. There is also a lot of debate that could be had about the nature of the American democratic system. But for now, it's just a very sad day.

Julian 24-06-2022 21:59

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
It’s the ultimate hypocrisy that the same people who are in favour of people being able to have virtually unlimited weapons of death, are the same people imposing a law that prohibits women having a choice with childbirth. Whatever the circumstances.
They are truly twisted.

Jaymoss 24-06-2022 22:12

Re: U.S Supreme Court overturns (Roe v Wade) legalised abortion
 
I am afraid I am pro life. I know as a man I do not have say and I know my opinion will go down like a ton of bricks. I understand cases where there is risk of life and those cases of rape resulting in pregnancy so I am not totally heartless on this matter

In the UK they allow abortion up to 24 weeks a friend of my ex wife gave birth at 22 weeks and the child survived so how can that be right to literally kill a viable person?

Ands lets be honest here the vast majority of unwanted pregnancies that are aborted are down to convenience " I am not ready" or "I just do not want it". That pregnancy is alive the cells are alive in a very short time there is a heartbeat and the potential of that child is unknown and totally lost.

Plenty of people out there want children and can not have them if abortion was harder to get then A the parent could when gone to term find they love the child and B if not they can put them up for adoption.

End of the day if you do not want a child do not have unprotected sex there is no excuse and it is totally irresponsible from both the female and male who makes the choice to not bag up or take the pill

I am sorry not sorry that my opinion will make people angry with me, I have held this opinion all my life and has nothing to do with my faith before some say it is. Abortion is the killing of a potential person will all the possibilities taken away from them


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