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Thread: Roe v Wade is on deck

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    Post Roe v Wade is on deck

    SCOTUS has agreed to hear an abortion case from Mississippi, a post 15-week abortion ban with virtually no exceptions.

    The law is currently grossly unconstitutional, but this will be a test to see what SCOTUS wants to do regarding Roe v Wade and Griswold v Connecticut. The current law as passed and blocked by Federal Courts, ignores the existing SCOTUS rulings, as have dozens (hundreds?) of other state laws trying to impede abortions. It would seem unlikely that this court has picked up this case to spank Mississippi in the ass. So the question is, what direction will they go in (if any)?

    Could SCOTUS do a rope-a-dope? Uphold the lower courts, but set a standard for blocking abortions? Simply overrule the lower courts, and themselves, and allow for any restrictions if they find it in the 'best interests of the patient'? Could they Plessy v Ferguson it up and pretend restrictions this tight don't actually inhibit access to abortion? Or just overthrow Roe v Wade altogether?

    Quote Originally Posted by article
    "This will be, by far, the most important abortion case the Court will have heard since the Casey decision in 1992," said Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law. "If states are allowed to effectively ban abortions after the 15th week of pregnancy, as the Mississippi law in this case does, then pregnant women would have a far shorter window in which they could lawfully obtain an abortion than what Roe and Casey currently require."
    The other question would become, just how much nuance is needed in such an opinion to shave/overturn Roe v Wade, without destroying the concept of precedence.

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    Catholics are about 20% of the U.S. population. Our Supreme Court, which of course is ostensibly representative of the citizens, now has 6 practicing Catholics and a seventh (Gorsuch) who was raised Catholic but is now reportedly Episcopalian. Seven justices who grew up on the teaching that abortion is murder and is a deep moral stain on the republic. Any doubt that they could give full citizenship rights to the fetus?

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    Some said it did not matter that Hillary lost.

    She was just as bad.

    In this particular issue she was not.

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    Cyborg with a Tiara
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    Remember when the “centrists” said that progressives were being hysterical about the “unfounded fear” that the right to abortion would ever be at risk?

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    Aethiopian Gospel's Avatar
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    Ahh, the ole Roe v Wade challenge has reignited the Kettle Corn VS Popcorn challange. I'm not sure which way to go for this show but either way, it's gonna be good.

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    Sapere aude Politesse's Avatar
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    Quote Originally Posted by ideologyhunter View Post
    Catholics are about 20% of the U.S. population. Our Supreme Court, which of course is ostensibly representative of the citizens, now has 6 practicing Catholics and a seventh (Gorsuch) who was raised Catholic but is now reportedly Episcopalian. Seven justices who grew up on the teaching that abortion is murder and is a deep moral stain on the republic. Any doubt that they could give full citizenship rights to the fetus?
    A lot of these folks place considerable importance on precedent, though. They aren't just going to write new law because of religious sympathies. At least, I hope not.
    "Banish me from Eden when you will, but first let me eat of the tree of knowledge."

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    Comey-Barrett deliberately excluded Roe from the list of bedrock prededents that should be respected and not nullified. The Right has been bitching about what they describe as the illegitimacy of Roe since '73.

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    Quote Originally Posted by untermensche View Post
    Some said it did not matter that Hillary lost.

    She was just as bad.

    In this particular issue she was not.
    I remember this being a common opinion among "leftists" like the ones who regularly posted on Daily Kos.

    Oh well. The sanderistas got what they wanted.
    Tom

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    Quote Originally Posted by ideologyhunter View Post
    Any doubt that they could give full citizenship rights to the fetus?
    The Constitution says that citizens must be born or naturalized. So, how do we suppose one would naturalize a fetus?

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