ROEvember is Coming

Quote: RonC

I guess the Supreme Court could make another illegitimate ruling as they did in Roe, creating a "right" that existed nowhere in the Constitution. Even RBJ said that it was a flawed ruling and I am wondering how she would have voted had Dobbs come in front of her. Contradict herself? Carve it out some other way? Who knows..

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

https://constitution.congress.gov/constitution/amendment-10/

It is not a Federal issue. I think that a court acting correctly would use the same basis to reject any Federal law as they did to reject Roe.

The only answer that would seem to change anything at the Federal level would be an amendment to the Constitution.

I think Republicans who support a federal law would continue to pay the price that they have for the Court actually making a correct ruling overturning Roe. The fight is, and should be, in the states.

Quote: RonC

I guess the Supreme Court could make another illegitimate ruling as they did in Roe, creating a "right" that existed nowhere in the Constitution. Even RBJ said that it was a flawed ruling and I am wondering how she would have voted had Dobbs come in front of her. Contradict herself? Carve it out some other way? Who knows..

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

https://constitution.congress.gov/constitution/amendment-10/

It is not a Federal issue. I think that a court acting correctly would use the same basis to reject any Federal law as they did to reject Roe.

The only answer that would seem to change anything at the Federal level would be an amendment to the Constitution.

I think Republicans who support a federal law would continue to pay the price that they have for the Court actually making a correct ruling overturning Roe. The fight is, and should be, in the states.

Quote: GenoDRPh

RBG advocated used the 14th Amendment to support abortion rights, which I happen to agree with. It is the inherent right of a female to control her fertility and the circumstances of her pregnancy, balanced by the state's interest at viability. To hold otherwise turns people capable of becoming pregnant to the status of broodmares.

Quote: GenoDRPh

The court had opportunity to use the 10th Amendment to overturn the Partial Birth Abortion Ban. But didn't. That is Exhibit A, demonstrating the Court will not strike down a properly written Federal law governing abortion. Are there any cases where the court has struck down a Federal law on abortion?

Quote: RonC

Perhaps she would have used that if the argument got to them again after the original case but it seems that all of the military has changed policies over the years and the same situation does not seem to happen much, if at all. Her holding on that was based on the 14th amendment and the case that might have made a difference, Struck v. Secretary of Defense, never was heard. Might there be a case using the 14th someday? Could be...



You mean partial-birth murder where the head (or trunk to the naval) of a living child is delivered so they can kill it? I am okay with banning killing at birth and there is leeway for them to end the life of the fetus before the point of a live birth and an exception for medical necessity. Once a baby is "born" it seems a lot more like a murder.

Quote: ams288

Sorry I didn’t waste my time reading this.

Just answer this simple question: if/when the GOP has a trifecta in Washington DC, will the they nuke the filibuster and pass a federal abortion ban?

Quote: SOOPOO

Maybe. And that is one big reason I doubt they will get that ‘trifecta’ in the near future….. that is unless they keep up the REST of the failed Democrat platform….

I still believe Trump loses to any Democrat….

Quote: GenoDRPh

RBG was not on the court when Roe was decided. Nor was she on the court when Casey v Planned Parenthood was decided. Those were the two main abortion cases that established abortion as a fundamental right. So she didn't have opportunity to give her opinion on the jurisprudence on choice in any major SCOTUS case.

Quote: GenoDRPh

You continue to refuse to answer the questions. Namely, (1) Are there any cases where the court has struck down a Federal law regarding abortion, using state's rights or the 10th Amendment as a rationale?

Quote: GenoDRPh

(2) If the Court ruled Congress cannot make any law regarding abortion as abortion regulation is solely the domain of the states, why has the Court not strucken down the Partial Birth Abortion Act?

Quote: RonC

Has there been a case where the State's rights issue has been in question regarding abortion? If you point out one that was filed as saying the 10th Amendment should cause a law to be invalidated?

Quote: GenoDRPh

You argue best when you argue my point. You and other argue that SCOTUS will strike down any Federal laws regarding abortion, as abortion is sole the domain of the states. Yet there is no case that you or anyone can cite to support your position, and the one Federal law regarding abortion has been upheld by the Court. SO, there is no case law in support of your position and case law in opposite of your position. This shows exactly how untrustworthy the pro-life advocates are.

Quote: RonC

Yawn.

You argument is based on a decision regarding a repugnant practice more properly described as murder of an infant than as any type of "abortion". That has nothing to do with an actual case involving the "normal" methods of abortion.

Dobbs sent the issue of abortion to the States. The current court would likely uphold that if a Federal ban came in front of them. I suppose a court that was packed by Democrats or, over time, became a different (Progressive) court, might take the issue away from the States and allow a Federal law providing abortions for all in any manner to stand.