Roe V Wade

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July 11th, 2018 at 6:19:45 PM permalink
AZDuffman
Member since: Oct 24, 2012
Threads: 108
Posts: 8072
Quote: Pacomartin

I was thinking of the other side. In 1973 there were only three judges nominated by Democratic Presidents, one from FDR, one from JFK, and one from LBJ. Yet Roe V Wade was approved by a 7-2 majority.

How did the overturning of Roe V Wade become such a strongly partisan issue for potential SCOTUS nominees?


IMHO it is what you get when SCOTUS pushes a society before it is really ready. Lets step back to Brown v Board of Education. That one probably pulled the civil rights movement up a good 10 years. Look at the violence we had. Without discussing separate, but equal, consider if it would have been more peaceful those 10 years later. Would have been more black/white mixing in the military alone.

Abortion was probably getting more accepted by the time of the ruling. But SCOTUS pulled the rug. However, that alone IMHO is not the reason. You have to realize, there is a portion of feminists who are pro-abortion, not pro-choice. They celebrate it. And they see any restriction as a threat, which must be defended to the death. So there is the litmus test. Support Roe. without reservation, or be a target.
The man who damns money has obtained it dishonorably; the man who respects it has earned it
July 11th, 2018 at 7:19:34 PM permalink
petroglyph
Member since: Aug 3, 2014
Threads: 18
Posts: 2932
deleted
Everyone gets thrown from the plane to maintain altitude
July 12th, 2018 at 2:26:50 AM permalink
Fleastiff
Member since: Oct 27, 2012
Threads: 54
Posts: 6032
Quote: AZDuffman
IMHO it is what you get when SCOTUS pushes a society before it is really ready.
Yeah, its usually the ancient and doddering old fogeys who drag a society back into the past. Sure would have been more peace and quiet if people could have gone on lynching a few of those darkies every now and then. And we wouldn't have had HBO or HBO After Dark without all those nine old men seeing all that pornography and finding 'redeeming social value' in utter filth. Military "mixing"? I recall the discussion of wives at a military base of a local laundramat wherein a white woman from the north thought the Whites Only sign referred to the ever necessary separation of white garments from colored garments and it was the black wives who laughed and explained what life was like for black service families.

Of course most of the abortion campaigners were not alive when Roe v. Wade was decided and no one has tallied up the crime and welfare stats that would have existed had all those unwanted children been born or what the coat hanger industry might be like today.
July 12th, 2018 at 6:42:10 AM permalink
Dalex64
Member since: Mar 8, 2014
Threads: 2
Posts: 2440
Quote: Wizard
I still don't really get the Supreme Court's argument on that decision. I'm not stating my position on the matter and am not very interested in debating it, but what in the Constitution did they feel outweighed the right of each state to make their own laws regarding it?


The incredibly short version: a right to privacy under the Due Process Clause of the 14th Amendment extended to a woman's decision to have an abortion

https://en.wikipedia.org/wiki/Roe_v._Wade
"Everyone is entitled to his own opinion, but not to his own facts." Daniel Patrick Moynihan
July 12th, 2018 at 12:14:44 PM permalink
Pacomartin
Member since: Oct 24, 2012
Threads: 822
Posts: 9884
Quote: Wizard
I still don't really get the Supreme Court's argument on that decision. I'm not stating my position on the matter and am not very interested in debating it, but what in the Constitution did they feel outweighed the right of each state to make their own laws regarding it?


I have no interest in debating either, but the ruling had to do with the Fourteenth Amendment "right to privacy".

The argument was that during the first trimester an abortion was safer for the mother than childbirth.The reasoning was that the decision whether to get an abortion at this stage should be left up to the mother to decide. Any law that interfered with abortions in the first trimester would be presumed to be unconstitutional because it violated her "right to privacy".
Roe V Wade affected the laws of 46 states.

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I think I partly found the answer to my question. Starting in 1976 the Democrats only firm statement is that they would oppose any constitutional amendment that was designed to overthrow the Roe V Wade. For a few elections (1984 and 1988) they had little or even nothing to say. Party platform in Democratic party changed dramatically in 1992, began mentioning Republicans specifically in 2000, and language was strengthened by the word "unequivocal" in 2008 and strengthened again in 2016. I think you that word "unequivocal" is the political equivalent of dogma, so that if you don't believe it you are no longer a Democrat.

The Republican platform was not definitive in 1976: "There are those in our Party who favor complete support for the Supreme Court decision which permits abortion on demand. There are others who share sincere convictions that the Supreme Court’s decision must be changed by a constitutional amendment prohibiting all abortions. Others have yet to take a position, or they have assumed a stance somewhere in between polar positions." By 1988 the platform had changed radically to "the unborn child has a fundamental individual right to life which cannot be infringed."

There was no discussion of Roe V Wade or abortion in the platforms of either party in 1984.



1976 (Carter v. Ford)
We fully recognize the religious and ethical nature of the concerns which many Americans have on the subject of abortion. We feel, however, that it is undesirable to attempt to amend the U.S. Constitution to overturn the Supreme Court decision in this area.

1980 (Carter v. Reagan)
Reproductive Rights—We fully recognize the religious and ethical concerns which many Americans have about abortion. We also recognize the belief of many Americans that a woman has a right to choose whether and when to have a child. The Democratic Party supports the 1973 Supreme Court decision on abortion rights as the law of the land and opposes any constitutional amendment to restrict or overturn that decision.

1984 (Mondale v. Reagan)
....

1988 (Dukakis v. Bush)
…that the fundamental right of reproductive choice should be guaranteed regardless of ability to pay…

1992 (Clinton v. Bush)
Democrats stand behind the right of every woman to choose, consistent with Roe v. Wade, regardless of ability to pay, and support a national law to protect that right.

It is a fundamental constitutional liberty that individual Americans—not government—can best take responsibility for making the most difficult and intensely personal decisions regarding reproduction. The goal of our nation must be to make abortion less necessary, not more difficult or more dangerous. We pledge to support contraceptive research, family planning, comprehensive family life education, and policies that support healthy childbearing and enable parents to care most effectively for their children.

1996 (Clinton v. Dole)
The Democratic Party stands behind the right of every woman to choose, consistent with Roe v. Wade, and regardless of ability to pay.President Clinton took executive action to make sure that the right to make such decisions is protected for all Americans. Over the last four years, we have taken action to end the gag rule and ensure safety at family planning and women’s health clinics. We believe it is a fundamental constitutional liberty that individual Americans — not government — can best take responsibility for making the most difficult and intensely personal decisions regarding reproduction.

The Democratic Party is a party of inclusion. We respect the individual conscience of each American on this difficult issue, and we welcome all our members to participate at every level of our party. Our goal is to make abortion less necessary and more rare, not more difficult and more dangerous. We support contraceptive research, family planning, comprehensive family life education, and policies that support healthy childbearing. For four years in a row, we have increased support for family planning. The abortion rate is dropping. Now we must continue to support efforts to reduce unintended pregnancies, and we call on all Americans to take personal responsibility to meet this important goal.

2000 (Gore v. Bush)
The Democratic Party stands behind the right of every woman to choose, consistent with Roe v. Wade, and regardless of ability to pay. We believe it is a fundamental constitutional liberty that individual Americans – not government – can best take responsibility for making the most difficult and intensely personal decisions regarding reproduction. This year’s Supreme Court rulings show to us all that eliminating a woman’s right to choose is only one justice away. That’s why the stakes in this election are as high as ever.

Our goal is to make abortion less necessary and more rare, not more difficult and more dangerous. We support contraceptive research, family planning, comprehensive family life education, and policies that support healthy childbearing. The abortion rate is dropping. Now we must continue to support efforts to reduce unintended pregnancies, and we call on all Americans to take personal responsibility to meet this important goal.

The Democratic Party is a party of inclusion. We respect the individual conscience of each American on this difficult issue, and we welcome all our members to participate at every level of our party. This is why we are proud to put into our platform the very words which Republicans refused to let Bob Dole put into their 1996 platform and which they refused to even consider putting in their platform in 2000: “While the party remains steadfast in its commitment to advancing its
historic principles and ideals, we also recognize that members of our party have deeply held and sometimes differing views on issues of personal conscience like abortion and capital punishment. We view this diversity of views as a source of strength, not as a sign of weakness, and we welcome into our ranks all Americans who may hold differing positions on these and other issues. Recognizing that tolerance is a virtue, we are committed to resolving our differences in a spirit of civility, hope and mutual respect.”

2004 (Kerry v. Bush)
We will defend the dignity of all Americans against those who would undermine it. Because we believe in the privacy and equality of women, we stand proudly for a woman’s right to choose, consistent with Roe v. Wade, and regardless of her ability to pay. We stand firmly against Republican efforts to undermine that right. At the same time, we strongly support family planning and adoption incentives. Abortion should be safe, legal, and rare.

2008 (Obama v. McCain)
The Democratic Party strongly and unequivocally supports Roe v. Wade and a woman’s right to choose a safe and legal abortion, regardless of ability to pay, and we oppose any and all efforts to weaken or undermine that right.

The Democratic Party also strongly supports access to comprehensive affordable family planning services and age-appropriate sex education which empower people to make informed choices and live healthy lives. We also recognize that such health care and education help reduce the number of unintended pregnancies and thereby also reduce the need for abortions.The Democratic Party also strongly supports a woman’s decision to have a child by ensuring access to and availability of programs for pre- and post-natal health care, parenting skills, income support, and caring adoption programs.

2012 (Obama v. Romney)
The President and the Democratic Party believe that women have a right to control their reproductive choices. Democrats support access to affordable family planning services, and President Obama and Democrats will continue to stand up to Republican efforts to de-fund Planned Parenthood health centers. The Affordable Care Act ensures that women have access to contraception in their health insurance plans, and the President has respected the principle of religious liberty. Democrats support evidence-based and age-appropriate sex education.

The Democratic Party strongly and unequivocally supports Roe v. Wade and a woman’s right to make decisions regarding her pregnancy, including a safe and legal abortion, regardless of ability to pay. We oppose any and all efforts to weaken or undermine that right.Abortion is an intensely personal decision between a woman, her family, her doctor, and her clergy;there is no place for politicians or government to get in the way. We also recognize that health care and education help reduce the number of unintended pregnancies and thereby also reduce the need for abortions. We strongly and unequivocally support a woman’s decision to have a child by providing affordable health care and ensuring the availability of and access to programs that help women during pregnancy and after the birth of a child, including
caring adoption programs.

2016 (Clinton v. Trump)
We believe unequivocally, like the majority of Americans, that every woman should have access to quality reproductive health care services, including safe and legal abortion — regardless of where she lives, how much money she makes, or how she is insured. We believe that reproductive health is core to women’s, men’s, and young people’s health and wellbeing. … We condemn and will combat any acts of violence, harassment, and intimidation of reproductive health providers, patients, and staff. …

We will address the discrimination and barriers that inhibit meaningful access to reproductive health care services, including those based on gender, sexuality, race, income, disability, and other factors. … And we strongly and unequivocally support a woman’s decision to have a child, including by ensuring a safe and healthy pregnancy and childbirth, and by providing services during pregnancy and after the birth of a child, including adoption and social support services, as well as protections for women against pregnancy discrimination.



1976 (Ford v. Carter)
The question of abortion is one of the most difficult and controversial of our time. It is undoubtedly a moral and personal issue but it also involves complex questions relating to medical science and criminal justice. There are those in our Party who favor complete support for the Supreme Court decision which permits abortion on demand. There are others who share sincere convictions that the Supreme Court’s decision must be changed by a constitutional amendment prohibiting all abortions. Others have yet to take a position, or they have assumed a stance somewhere in between polar positions.

We protest the Supreme Court’s intrusion into the family structure through its denial of the parents’ obligation and right to guide their minor children. The Republican Party favors a continuance of the public dialogue on abortion and supports the efforts of those who seek enactment of a constitutional amendment to restore protection of the right to life for unborn children.

1980 (Reagan v. Carter)
There can be no doubt that the question of abortion, despite the complex nature of its various issues, is ultimately concerned with equality of rights under the law. While we recognize differing views on this question among Americans in general—and in our own Party—we affirm our support of a constitutional amendment to restore protection of the right to life for unborn children. We also support the Congressional efforts to restrict the use of taxpayers’ dollars for abortion.

1984 ( Reagan v Mondale)
....

1988 (Bush v. Dukakis)
That the unborn child has a fundamental individual right to life which cannot be infringed. We therefore reaffirm our support for a human life amendment to the Constitution, and we endorse legislation to make clear that the Fourteenth Amendment’s protections apply to unborn children. We oppose the use of public revenues for abortion and will eliminate funding for organizations which advocate or support abortion. We commend the efforts of those individuals and religious and private organizations that are providing positive alternatives to abortion by meeting the physical, emotional, and financial needs of pregnant women and offering adoption services where needed.

We applaud President Reagan’s fine record of judicial appointments, and we reaffirm our support for the appointment of judges at all levels of the judiciary who respect traditional family values and the sanctity of innocent human life.

1992 (Bush v. Clinton)
We believe the unborn child has a fundamental individual right to life which cannot be infringed. We therefore reaffirm our support for a human life amendment to the Constitution, and we endorse legislation to make clear that the Fourteenth Amendment’s protections apply to unborn children. We oppose using public revenues for abortion and will not fund organizations which advocate it. We commend those who provide alternatives to abortion by meeting the needs of mothers and offering adoption services. We reaffirm our support for appointment of judges who respect traditional family values and the sanctity of innocent human life.

1996 (Dole v. Clinton)
The unborn child has a fundamental individual right to life which cannot be infringed. We support a human life amendment to the Constitution and we endorse legislation to make clear that the Fourteenth Amendment’s protections apply to unborn children. Our purpose is to have legislative and judicial protection of that right against those who perform abortions. We oppose using public revenues for abortion and will not fund organizations which advocate it. We support the appointment of judges who respect traditional family values and the sanctity of innocent human life.

Our goal is to ensure that women with problem pregnancies have the kind of support, material and otherwise, they need for themselves and for their babies, not to be punitive towards those for whose difficult situation we have only compassion. We oppose abortion, but our pro-life agenda does not include punitive action against women who have an abortion. We salute those who provide alternatives to abortion and offer adoption services. Republicans in Congress took the lead in expanding assistance both for the costs of adoption and for the continuing care of adoptive children with special needs. Bill Clinton vetoed our adoption tax credit the first time around – and opposed our efforts to remove racial barriers to adoption – before joining in this long overdue measure of support for adoptive families.

Worse than that, he vetoed the ban on partial-birth abortions, a procedure denounced by a committee of the American Medical Association and rightly branded as four-fifths infanticide. We applaud Bob Dole’s commitment to revoke the Clinton executive orders concerning abortion and to sign into law an end to partial-birth abortions.

2000 (Bush v. Gore)
The Supreme Court’s recent decision, prohibiting states from banning partial-birth abortions — a procedure denounced by a committee of the American Medical Association and rightly branded as four-fifths infanticide — shocks the conscience of the nation. As a country, we must keep our pledge to the first guarantee of the Declaration of Independence. That is why we say the unborn child has a fundamental individual right to life which cannot be infringed. We support a human life amendment to the Constitution and we endorse legislation to make clear that the Fourteenth Amendment’s protections apply to unborn children. Our purpose is to have legislative and judicial protection of that right against those who perform abortions. We oppose using public revenues for abortion and will not fund organizations which advocate it. We support the appointment of judges who respect traditional family values and the sanctity of innocent human life.

Our goal is to ensure that women with problem pregnancies have the kind of support, material and otherwise, they need for themselves and for their babies, not to be punitive towards those for whose difficult situation we have only compassion. We oppose abortion, but our pro-life agenda does not include punitive action against women who have an abortion. We salute those who provide alternatives to abortion and offer adoption services, and we commend congressional Republicans for expanding assistance to adopting families and for removing racial barriers to adoption. The impact of those measures and of our Adoption and Safe Families Act of 1997 has been spectacular. Adoptions out of foster care have jumped forty percent and the incidence of child abuse and neglect has actually declined. We second Governor Bush’s call to make permanent the adoption tax credit and expand it to $7,500.

2004 (Bush v. Kerry)
As a country, we must keep our pledge to the first guarantee of the Declaration of Independence. That is why we say the unborn child has a fundamental individual right to life which cannot be infringed. We support a human life amendment to the Constitution and we endorse legislation to make it clear that the Fourteenth Amendment’s protections apply to unborn children. Our purpose is to have legislative and judicial protection of that right against those who perform abortions. We oppose using public revenues for abortion and will not fund organizations which advocate it. We support the appointment of judges who respect traditional family values and the sanctity of innocent human life.

Our goal is to ensure that women with problem pregnancies have the kind of support, material and otherwise, they need for themselves and for their babies, not to be punitive towards those for whose difficult situation we have only compassion. We oppose abortion, but our pro-life agenda does not include punitive action against women who have an abortion. We salute those who provide alternatives to abortion and offer adoption services, and we commend Congressional Republicans for expanding assistance to adopting families and for removing racial barriers to adoption. We join the President in supporting crisis pregnancy programs and parental notification laws. And we applaud President Bush for allowing states to extend health care coverage to unborn children.

We praise the President for his bold leadership in defense of life. We praise him for signing the Born Alive Infants Protection Act. This important legislation ensures that every infant born alive – including an infant who survives an abortion procedure – is considered a person under federal law.

We praise Republicans in Congress for passing, with strong bipartisan support, a ban on the inhumane procedure known as partial birth abortion. And we applaud President Bush for signing legislation outlawing partial birth abortion and for vigorously defending it in the courts.

In signing the partial birth abortion ban, President Bush reminded us that “the most basic duty of government is to defend the life of the innocent. Every person, however frail or vulnerable, has a place and a purpose in this world.” We affirm the inherent dignity and worth of all people. We oppose the non-consensual withholding of care or treatment because of disability, age, or infirmity, just as we oppose euthanasia and assisted suicide, which especially endanger the poor and those on the margins of society. We support President Bush’s decision to restore the Drug Enforcement Administration’s policy that controlled substances shall not be used for assisted suicide. We applaud Congressional Republicans for their leadership against those abuses and their pioneering legislation to focus research and treatment resources on the alleviation of pain and the care of terminally ill patients.

2008 (McCain v. Obama)
Faithful to the first guarantee of the Declaration of Independence, we assert the inherent dignity and sanctity of all human life and affirm that the unborn child has a fundamental individual right to life which cannot be infringed. We support a human life amendment to the Constitution, and we endorse legislation to make clear that the Fourteenth Amendment’s protections apply to unborn children. We oppose using public revenues to promote or perform abortion and will not fund organizations which advocate it. We support the appointment of judges who respect traditional family values and the sanctity and dignity of innocent human life.

We have made progress. The Supreme Court has upheld prohibitions against the barbaric practice of partial-birth abortion. States are now permitted to extend health-care coverage to children before birth. And the Born Alive Infants Protection Act has become law; this law ensures that infants who are born alive during an abortion receive all treatment and care that is provided to all newborn infants and are not neglected and left to die. We must protect girls from exploitation and statutory rape through a parental notification requirement. We all have a moral obligation to assist, not to penalize, women struggling with the challenges of an unplanned pregnancy. At its core, abortion is a fundamental assault on the sanctity of innocent human life. Women deserve better than abortion. Every effort should be made to work with women considering abortion to enable and empower them to choose life. We salute those who provide them alternatives, including pregnancy care centers, and we take pride in the tremendous increase in adoptions that has followed Republican legislative initiatives.

Respect for life requires efforts to include persons with disabilities in education, employment, the justice system, and civic participation. In keeping with that commitment, we oppose the nonconsensual withholding of care or treatment from people with disabilities, as well as the elderly and infirm, just as we oppose euthanasia and assisted suicide, which endanger especially those on the margins of society. Because government should set a positive standard in hiring and contracting for the services of persons with disabilities, we need to update the statutory authority for the AbilityOne program, the main avenue by which those productive members of our society can offer high quality services at the best possible value.

2012 (Romney v. Obama)
Faithful to the “self-evident” truths enshrined in the Declaration of Independence, we assert the sanctity of human life and affirm that the unborn child has a fundamental individual right to life which cannot be infringed. We support a human life amendment to the Constitution and endorse legislation to make clear that the Fourteenth Amendment’s protections apply to unborn children. We oppose using public revenues to promote or perform abortion or fund organizations which perform or advocate it and will not fund or subsidize health care which includes abortion coverage. We support the appointment of judges who respect traditional family values and the sanctity of innocent human life. We oppose the nonconsensual withholding or withdrawal of care or treatment, including food and water, from people with disabilities, including newborns, as well as the elderly and infirm, just as we oppose active and passive euthanasia and assisted suicide.

Republican leadership has led the effort to prohibit the barbaric practice of partial-birth abortion and permitted States to extend health care coverage to children before birth. We urge Congress to strengthen the Born Alive Infant Protection Act by enacting appropriate civil and criminal penalties on healthcare providers who fail to provide treatment and care to an infant who survives an abortion, including early induction delivery where the death of the infant is intended. We call for legislation to ban sex-selective abortions—gender discrimination in its most lethal form—and to protect from abortion unborn children who are capable of feeling pain; and we applaud U.S. House Republicans for leading the effort to protect the lives of pain-capable unborn children in the District of Columbia. We call for a ban on the use of body parts from aborted fetuses for research. We support and applaud adult stem cell research to develop lifesaving therapies, and we oppose the killing of embryos for their stem cells. We oppose federal funding of embryonic stem cell research.

We also salute the many States that have passed laws for informed consent, mandatory waiting periods prior to an abortion, and health-protective clinic regulation. We seek to protect young girls from exploitation through a parental consent requirement; and we affirm our moral obligation to assist, rather than penalize, women challenged by an unplanned pregnancy. We salute those who provide them with counseling and adoption alternatives and empower them to choose life, and we take comfort in the tremendous increase in adoptions that has followed Republican legislative initiatives.
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