Roe v Wade is on deck

[Jimmy Higgins]

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?

"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.

 

[ideologyhunter]

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?

 

[untermensche]

Some said it did not matter that Hillary lost.

She was just as bad.

In this particular issue she was not.

 

[Rhea]

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

 

[Gospel]

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.

 

[Politesse]

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.

 

[ideologyhunter]

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.

 

[TomC]

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

 

[TV and credit cards]

Mississippi has one abortion clinic in the entire state. How is this not an "undue burden"?

The justices then considered the petition 12 more times before announcing on Monday that they would take up the first question presented in the state’s petition: whether all pre-viability bans on elective abortions violate the Constitution.

Get caught up on past episodes here:
https://scholar.google.com/scholar_case?case=1944697085271586026&q=Dobbs+v.+Jackson+Women%E2%80%99s+Health+Organization&hl=en&as_sdt=6,36&as_vis=1

 

[Shadowy Man]

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?

 

[Gun Nut]

Any doubt that they could give full citizenship rights to the fetus?

That would be interesting. In Colorado, one can use deadly force to stop a kidnapping. Does that mean I can use a knife to cut pregnant people open to free their hostages?
Can I get a social security number with a positive pregnancy test? Why should I have to wait for the test - I should just get a new dependent and SSN every time I have sex. I have some loans to take out and IDs to sell.

 

[ideologyhunter]

Clearly I haven't thought this through. If fetus = full citizen, then sperm cells are less than full citizens -- say, guest workers? Documented sex workers? There is a path to citizenship; you probably saw it in seventh grade in a filmstrip. I don't know what this makes the ovum. A ward of the court, in protective custody? A stay-at-womb mom? I'm sure the RNC platform will sort this all out. I now feel guilty for all the guest workers I've abused over the years.

 

[untermensche]

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

Yes. Let's blame Bernie for Hillary being a terrible wooden candidate with a bunch of war mongering baggage.

 

[Rhea]

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

Yes. Let's blame Bernie for Hillary being a terrible wooden candidate with a bunch of war mongering baggage.

Just remembering how we were all told they were “both just as bad” and we were hysterical for saying Roe v. Wade was at risk.
No amount of “Hilary was wooden” addresses that…. Unless you’re saying “she was wooden” is “just as bad” as Trump being president? Are you saying that? If not, that’s a distraction, a red herring.

Moreover - What TomC wrote doesn’t blame Bernie, it merely quotes some of his followers, who said these things loudly and publicly. It’s possible Bernie did not support that. He said he was against Trump. So please don’t pretend it says what it did not say.

The complaint is against the people who did not vote to stop trump because of the stated reason that “they are both just as bad,” and “you’re hysterical if you think Roe v Wade is at risk.”

If the shoe doesn’t fit, stop cramming it on your foot and complaining about the pain.

 

[untermensche]

I am saying she could not attract independent voters as well as Bernie would have because she was not charming or charismatic and had a lot of war mongering baggage.

She had some areas where she was better than Trump and people on the left like Chomsky urged people to vote for Clinton.

The claim that Bernie Boys decided anything is laughable.

 

[Rhea]

I am saying she could not attract independent voters as well as Bernie would have because she was not charming or charismatic and had a lot of war mongering baggage.

Still does not address in any way the “They are both just as bad” and “nothing’s going to happen to Roe v. Wade” point that was being discussed.
We don’t need a derail about how you didn’t like Clinton.

 

[untermensche]

I am saying she could not attract independent voters as well as Bernie would have because she was not charming or charismatic and had a lot of war mongering baggage.

Still does not address in any way the “They are both just as bad” and “nothing’s going to happen to Roe v. Wade” point that was being discussed.
We don’t need a derail about how you didn’t like Clinton.

She won the nomination through corruption.

The idea that Bernie Boys were the problem is nonsense.

 

[Gospel]

Detritus and rubbish littering this thread under the guise of cynicism & lyrically waxed academics. Yup, I'll fit right in with my high school level education. Don't get it twisted, if it were not for your thoughtfulness the world would be in utter chaos. Thanks for your service.

 

[untermensche]

Who is to say what is rubbish?

My opinion on that matter may differ from yours.

 

[Rhea]

(Getting abck to the point)
It sucks that more people didn’t care about stopping Trump. His Supreme court picks are putting Roe v. Wade at risk, to the detriment of humanity.