Roe v Wade?

[manifold]

Who here believes that Roe v Wade will be overturned in his/her lifetime?

Just curious.

 

[Shogun]

I believe that it's a very real possibility.

 

[manifold]

I say no chance in hell.


So far it's 1 apiece. Anyone else?

 

[Ravi]

It won't be overturned.

 

[Shogun]

hehehe..


I bet you were similarly confident about that during SCOTUS nominations, eh?




I know, I know... 30 year old by-products of the supreme court that STILL moves pro-lifers to rally support really is just a fad!

 

[RetiredGySgt]

It won't be overturned. Some day it may be the power will be reverted where it belongs, at the State level, but the Court will never ban abortion.

 

[manifold]

It won't be overturned. Some day it may be the power will be reverted where it belongs, at the State level, but the Court will never ban abortion.

I can't imagine the power will ever be given back to the states. The separation of power between the states and fed has historically only moved in one direction, and you know which direction that is.

 

[RetiredGySgt]

I can't imagine the power will ever be given back to the states. The separation of power between the states and fed has historically only moved in one direction, and you know which direction that is.

It has already started to switch, the argument no longer is that States can not legislate abortion only to what degree.

 

[Shogun]

RvW wouldn't have to be overturned with a little savvy legislation. The court has already been prepared for just that kind of thing.

 

[RetiredGySgt]

RvW wouldn't have to be overturned with a little savvy legislation. The court has already been prepared for just that kind of thing.

Yup, all it takes is the right wording and it is no longer a " right".

 

[manifold]

Yup, all it takes is the right wording and it is no longer a " right".

That is, until said legislation gets tossed out by the SCOTUS.

 

[Shogun]

That is, until said legislation gets tossed out by the SCOTUS.

thats the thing though. Such legislation wouldn't get tossed out due to RvW unless the criteria involved the exact same conflict with the 14th amendment.

Which, might I add, is the amendment that brought us Anchor babies and is just as repealable as the eighteenth Amendment. Otherwise, there is no protection of privacy beyond conveluding the fourth amendment. You may think that 30 years is all that significant to precedence but it really isn't.

 

[Annie]

It won't be overturned. Some day it may be the power will be reverted where it belongs, at the State level, but the Court will never ban abortion.

If it goes back to the states, it will have been overturned. There were states that allowed abortion prior to Roe v. Wade.

 

[RetiredGySgt]

If it goes back to the states, it will have been overturned. There were states that allowed abortion prior to Roe v. Wade.

The basic right will remain. But the States will have the right to determine what the threshold is, unless Congress does so, except Congress has no authority to do so.

 

[Dogger]

Originally Posted by RetiredGySgt
It won't be overturned. Some day it may be the power will be reverted where it belongs, at the State level, but the Court will never ban abortion.

I don't think you understand how it works. Texas had a law that banned abortion. Roe held that a woman had a right to privacy that outweighed that state law, and overturned it. The Court does not approve or ban abortions; that is a legislative function. The Court just decides whether a statute violates the right to privacy.

Thus state power will be restored only if Roe is overturned. The first clause of your second sentence directly contradicts your first sentence.

 

[Shogun]

Roe wound't need to be overturned if the 14th amendment were repealed. Given that the 14th is also the source of anchor babies too...

 

[ReillyT]

Roe wound't need to be overturned if the 14th amendment were repealed. Given that the 14th is also the source of anchor babies too...

The 14th Amendment will never, ever be repealed.

 

[Ravi]

The 14th Amendment will never, ever be repealed.

Amen, brother.

 

[Dogger]

Does any sane person want to repeal the 14th Amendment? Indeed, no sane person would overturn Roe v. Wade if he thought about it.

In Lawrence v. Texas, the Supreme Court relied on Roe when it held that the Texas homosexuality ban violated the right to privacy. In dissent, Antonin Scalia wrote this little gem:

State laws against bigamy, same-sex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality, and obscenity are likewise sustainable only in light of [a previous case's] validation of laws based on moral choices. Every single one of these laws is called into question by today’s decision; . . . .

What's Going On Under That Robe?

In other words, he thinks it's okay for states to pass laws that throw people in jail for unmarried sex and masturbation (where they will get anally raped, ironically).

I don't want to live somewhere that permits that, even if we got funny bumper stickers in the process, like "When fornication is outlawed, only outlaws will fornicate" or "I'll stop masturbating when you pry it from my cold, dead fingers".

 

[ReillyT]

Does any sane person want to repeal the 14th Amendment? Indeed, no sane person would overturn Roe v. Wade if he thought about it.

In Lawrence v. Texas, the Supreme Court relied on Roe when it held that the Texas homosexuality ban violated the right to privacy. In dissent, Antonin Scalia wrote this little gem:


In other words, he thinks it's okay for states to pass laws that throw people in jail for unmarried sex and masturbation (where they will get anally raped, ironically).

I don't want to live somewhere that permits that, even if we got funny bumper stickers in the process, like "When fornication is outlawed, only outlaws will fornicate" or "I'll stop masturbating when you pry it from my cold, dead fingers".

That was a little random, but also pretty fucking funny.