Does Roe Vs Wade?

Discussion in 'Law and Justice System' started by RetiredGySgt, Jun 14, 2012.

  1. RetiredGySgt
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    RetiredGySgt Platinum Member

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    Does Roe Vs Wade mean that States can not set appropriate times for when elective abortion is no longer allowed?

    As a further question is 20 weeks an acceptable time limit for elective abortions?
     
  2. jillian
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    jillian Princess Supporting Member

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    it means the states could set longer periods... but not shorter because the states cannot extend lesser rights than the federal law guarantees.
     
  3. RetiredGySgt
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    RetiredGySgt Platinum Member

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    Did the Supreme Court set a date? And is 20 weeks within that time frame?
     
  4. jillian
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    jillian Princess Supporting Member

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    that was much clearer after roe itself than it is since later decisions which modified it.

    the answer is ... maybe.
     
  5. RetiredGySgt
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    RetiredGySgt Platinum Member

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    Cite the Federal Statue that establishes the end date for when Abortion is no longer voluntary.

    As a further question do you as a woman believe that 20 weeks is to soon to say abortion should not be voluntary?

    ( we are NOT discussing medical needs or threats to the mother)
     
  6. C_Clayton_Jones
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    C_Clayton_Jones Diamond Member

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    Roe is no longer the legal standard, the relevant case law now is Planned Parenthood v. Casey (1992), where the Court abandoned the ‘time-limit’ standard and replaced it with the doctrine of ‘undue burden.’

    The Casey Court upheld and reaffirmed the Constitutional right to privacy, allowing states to establish their own ‘time limits,’ provided the restrictions do not violate privacy rights. But the states always go too far, as in this case. We saw the same thing this year when the Oklahoma Supreme Court invalidated that state’s ‘personhood’ law on undue burden grounds.
     
  7. RetiredGySgt
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    RetiredGySgt Platinum Member

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    Ok answer the question, is 20 weeks an UNDUE burden? If so exactly when is it ok for a State to say one can not CHOSE to abort?
     
  8. jillian
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    jillian Princess Supporting Member

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    i don't understand the first part of your question. why do you think a federal statute is required when we're talking about a constitutional right?

    when you say voluntary, do you mean permissive?

    my opinion isn't really relevant. what is relevant is the question asked in roe... which is when does the governmental interest in protecting a potential life outweigh the interest of a woman in being able to exercise dominion over her own body.

    what i do know... is i don't want a bunch of uber religious old men telling women what they can and can't do with their bodies...

    like what happened today in michigan.

    and the u.s. house of representatives...

    and virginia...

    and

    and

    and
     
  9. RetiredGySgt
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    RetiredGySgt Platinum Member

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    So you are on RECORD for saying 20 weeks is acceptable for a woman CHOOSING to have an abortion.

    You are on record as saying any time limit established by any State saying at THIS date one can not voluntarily chose to abort is a violation of privacy?

    Is that correct. And if not when is a REASONABLE date?
     
  10. BDBoop
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    BDBoop BANNED

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    Exactly. It is NONE of their business.

    None.
     

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