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

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.

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.

Re: Draft Supreme Court opinion overturning abortion leaked
 

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

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.

Re: Draft Supreme Court opinion overturning abortion leaked
 

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.

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.

Re: Draft Supreme Court opinion overturning abortion leaked
 

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.

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?

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

That's the way their system works.

Re: Draft Supreme Court opinion overturning abortion leaked
 

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:

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

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

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

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.

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

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

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

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.

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

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.