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Re: Roe v Wade overturned
Posted: Sun Jul 03, 2022 3:36 pm
by BDK
Every honest lawyer, no matter their abortion stance, disliked the reasoning in Roe v. Wade.
It had none. No precedent, no authority, just “a few politically connected appointees say so.”
Medical procedures, licensing, etc, are state issues, except where DC has specifically been granted the right to interfere by statute.
So is homicide. One way or the other, abortion comes under state law.
This didn’t take away anything, because it granted nothing.
Our right to “privacy” is under the 3rd, 4th and 5th amendments, and has all but been erased. No one, TMK, ever cited RvW in defense of privacy.
(I think a good argument could be made that being forced to let DC monitor your phone is comparable to being forced to quarter troops)
Re: Roe v Wade overturned
Posted: Sun Jul 03, 2022 3:54 pm
by Vonz90
Jericho941 wrote: ↑Sun Jul 03, 2022 4:45 am
Y'know, gleefully sticking it to the sluts that get raped by their dad and all is par for the course for this forum, but I'd at least hoped some of you would've remembered Roe v. Wade was decided based on the right to privacy of the citizen, which has now legally ceased to exist. During a time of unprecedented and all-pervasive surveillance.
Go team.
It doesn't matter how you think about abortion, Roe v Wade was a bad decision. If you don't believe me, see what RGB thought of it.
https://www.law.uchicago.edu/news/justi ... hool-visit
Abortion was legal in at least some cases in every state of the union before Roe, and it will be after. Just now states can regulate it now and the political system can find a compromise.
If not being able to legally kill a baby right up until it is hanging out of the mother bothers you (and after, the Dem stopped the born alive act too) - well then be bothered.
Re: Roe v Wade overturned
Posted: Sun Jul 03, 2022 4:01 pm
by Vonz90
I do not believe that majorities sanctify bad policies, but if you look at where Americans actually come down on the abortion question — liberal in the first trimester, increasingly skeptical thereafter, generally supportive of certain exceptions — they are a lot closer to Ron DeSantis than they are to Alexandria Ocasio-Cortez.
https://www.nationalreview.com/2022/07/ ... implosion/
Re: Roe v Wade overturned
Posted: Sun Jul 03, 2022 9:03 pm
by scipioafricanus
MiddleAgedKen wrote: ↑Sun Jul 03, 2022 2:36 pm
Jericho941 wrote: ↑Sun Jul 03, 2022 4:45 am
Y'know, gleefully sticking it to the sluts that get raped by their dad and all is par for the course for this forum, but I'd at least hoped some of you would've remembered Roe v. Wade was decided based on the right to privacy of the citizen, which has now legally ceased to exist. During a time of unprecedented and all-pervasive surveillance.
Go team.
With all due respect, that's a straw man.
My understanding of the majority opinion is that Court did not rule that the right does or does not exist (granting that I need to reread it), but that
Roe was badly reasoned. I think that's why Thomas also mentioned Obergefell, Lawrence, and Griswold -- not to overturn the idea of a right to privacy, but to argue for it on something that is actually Constitutional.
Any discussion of unenumerated rights should properly begin with the Ninth Amendment, not with "emanations of penumbras." Yeah, there are a lot of punters going "cOnStItUtIoN DoNt SaY NuThIn BoUt No PrIvAcY," which is an exactly backwards understanding, but frankly I've seen little or none of that around here -- it's more Ace of Spades's speed.
Could also bring up the fact that over 93% of all abortions are elective. Rape and incest are rather a few number.
Re: Roe v Wade overturned
Posted: Sun Jul 03, 2022 9:40 pm
by Netpackrat
Once again, Jericho has managed to alienate anyone here who might have had cause to agree with him on the current issue under discussion.
Re: Roe v Wade overturned
Posted: Mon Jul 04, 2022 1:20 am
by HTRN
Jericho941 wrote: ↑Sun Jul 03, 2022 4:45 am
I'd at least hoped some of you would've remembered Roe v. Wade was decided based on the right to privacy of the citizen, which has now legally ceased to exist.
It was a complete setup from the get go, and used the excuse of "right to privacy", and twisting the 14th amendment to insane proportions, to completely violate the tenth, in order to pass. When the most pro abortion justice of the last 50 years doesn't like the ruling as it vastly oversteps, it should tell you something:
https://www.nytimes.com/2020/09/21/us/r ... -wade.html
Re: Roe v Wade overturned
Posted: Wed Jul 06, 2022 5:51 am
by Jered
Coming from someone who accepted a nomination from Bill Clinton, of all people, her lecturing us about "women's rights" rings a little hollow.
Re: Roe v Wade overturned
Posted: Thu Jul 07, 2022 1:46 pm
by BDK
Eh…. RBG and I have wildly divergent politics, but she did have the mental competence to be a justice, and wrote decent decisions as a judge.
Sotomayor isn’t mentally competent enough to fetch coffee for the SCOTUS.
The one benefit of the lefts continual selection of the incompetent, is no one teaches their cases in law school.
As one, Democrat professor put it, “and now for the most painful words in jurisprudence, Justice Kennedy authored the opinion.”
Re: Roe v Wade overturned
Posted: Tue Jul 12, 2022 12:32 am
by Jered
BDK wrote: ↑Thu Jul 07, 2022 1:46 pm
Eh…. RBG and I have wildly divergent politics, but she did have the mental competence to be a justice, and wrote decent decisions as a judge.
I'm attacking her morals, not her mental acuity.
She had the morals of the typical Gloria Allred type feminist. That is to say, she's with the most powerful man in the world
sexually harassing and taking advantage of unpaid female employees that are decades his junior.
That is modern feminism.
Re: Roe v Wade overturned
Posted: Sun Jul 31, 2022 1:47 am
by Windy Wilson
As an attorney, I can say that this is a straw man who won't be receiving a diploma and instantly begin reciting the Pythagorean Theorem.
The decision turned on whether the Federal government was in truth and fact given the powers that were exercised to nationalize the laws regulating abortion. As someone who has hired people to do various things for me over the course of my life, I know I do not want an agent overstepping the powers I delegated to him or her, and I can say with confidence that nobody on this forum wants that to happen either.
The other thing about the US Constitution, is there is no statute of limitations after which a law contrary to the delegated powers of the Constitution becomes law through mere passage of time.