For those dreaming of overturning Roe - Be careful what you wish for!

Sep 2012
14,162
17,990
SoCal
#11
The Supreme Court has ruled that access to abortion is a right under our constitution, and they will never rule that the various states are allowed to usurp constitutional rights via state legislation. This SCOTUS could certainly ignore stare decisis and overturn the prior findings of the Roe v. Wade case and all of the challenges that have come since Roe v. Wade. In that case, it would be up to the individual states to regulate abortion. I think it's highly unlikely that Congress would attempt to make abortion a federal crime via legislation, even if Roe v. Wade were overturned.
I sincerely hope that you are correct in regard to the bolded ...
 
May 2012
66,579
12,901
By the wall
#12
I sincerely hope that you are correct in regard to the bolded ...
They can't make abortion a crime, only congress can do that which will never happen.

All the Court can do is overturn their previous decision and return it to the states and odds are about 46 of the 50 states will keep it legal.

Probably 47.

Don't worry, abortion is never going away at this point.

It will just be up to communities to regulate it now which it always should have been.
 
Sep 2012
14,162
17,990
SoCal
#14
Can you even imagine how many Republican heads would be exploding right now had these states just passed legislation unconditionally outlawing all firearms?

Don't think they'd be cheering then. They'd be all about some stare decisis.
Perhaps they prefer 'born' children being killed with guns. News last nite here, '5 yo girl shot in the back'. Haven't seen anything on it since, but it was just a fluke that I caught that as I seldom watch news on TV. How many 'born' children are killed with guns, sometimes by a sibling or friend who found one laying out?
 
May 2019
431
432
A Van Down by the River...
#16
A World Without Roe:

Roe fortified the right to privacy, something Americans have come to hold dear. Scalia, an Originalist, argued that the right to privacy was not specifically granted within the Constitution. Luckily, Thurgood Marshall disagreed, and in 1972 Roe "firmly established the right to privacy as fundamental, and required that any governmental infringement of that right to be justified by a compelling state interest." [1]

By eroding or eliminating Roe, the Court runs the risk of chopping down the family tree of privacy precedents that go with it.
"Privacy was not absent from public discourse about abortion prior to Roe, but it looked nothing like the conception of privacy familiar to us in contemporary abortion politics,” Vincent Vecera wrote in the 2014 article, “The Supreme Court and the Social Conception of Abortion.” [2]

Thus, contemporary expectations of the Right to privacy will be challenged if Roe takes a Constitutional nosedive. Medical data, governmental intrusion, PORN... How we understand and interact with the Internet will change once the Roe girding is removed:
"[T]he very notion of information privacy—is only available to internet users because of the groundwork laid by Roe. Abortion rights brought the idea of a right to privacy into the American mainstream; internet users have merely evolved and adapted that right.

But it’s a right that may now be in jeopardy. The notion of a right to privacy has always taken a lot of political heat. It doesn’t help that the recognition of a right to privacy emerged out of court decisions around abortion, contraception, obscenity, and sodomy — the four horsemen of the moral apocalypse as far as social conservatives are concerned. A Supreme Court that knocks down the idea of constitutional privacy rights can take down abortion and internet porn in one fell swoop.

Such a Court can take down just about every other aspect of online privacy, too: little things like knowing who can see where you’ve spent your money, or who can read your emails, or what your favorite social network is allowed to do with your posts. We’re so used to a public discourse based on a right to privacy that we have no way of talking about what our online boundaries would be if that privacy right were to disappear
.[2]
 

HCProf

Moderator
Sep 2014
27,197
16,260
USA
#18
I sincerely hope that you are correct in regard to the bolded ...
I can't see this happening, at least in my lifetime. Imagine the blow back the politicians would receive at the voting booth. We have to consider that millennial's are a large group and Gen Z will be old enough to vote and are significant in numbers. People tend to be more liberal when they are younger and grow more conservative as they age. The people who are worrying about this are old people. I think we may be seeing a resurgence in the "rape guys" or the politicians who said all those ignorant statements. Remember this?

 

Rasselas

Former Staff
Feb 2010
69,095
44,812
valid location
#19
I agree. However, SCOTUS will not allow it to stand.

I think SCOTUS should rule that states can make their own decisions regarding abortion. If the majority of Americans living in Alabama want abortion to be banned, then they should have that right.
Should they be able to prevent someone from going out of state to get an abortion? (Asking for a friend.)
 
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