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Roe vs Wade can be reversed?

tosca1

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I was under the impression from pro-choice that Roe vs Wade is a done deal.....but apparently there's only one vote that's
stopping it from being reversed.


Justice Kennedy's vote is the only thing preventing the reversal of Roe v. Wade, a decision that the Court's four-justice conservative bloc has worked diligently to erode.
https://www.gq.com/story/kennedy-retires-supreme-court-the-fight-is-coming


There's a big chance that Roe vs Wade can be reversed. That depends on who's going to replace Kennedy.


Brett Kavanaugh and Amy Coney Barrett are said to be the leading candidates for Supreme Court seat.

Kavanaugh is rumoured to be the favorite. Both of these candidates are quite young.
 
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I was under the impression from pro-choice that Roe vs Wade is a done deal.....but apparently there's only one vote that's
stopping it from being reversed.



https://www.gq.com/story/kennedy-retires-supreme-court-the-fight-is-coming


There's a big chance that Roe vs Wade can be reversed. That depends on who's going to replace Kennedy.


Brett Kavanaugh and Amy Coney Barrett are said to be the leading candidates for Supreme Court seat.

Kavanaugh is rumoured to be the favorite. Both of these candidates are quite young.

It's more complicated than that.
 
Of course, it's no secret to the regulars here where I stand on this matter. Abortion is one of the main reasons I support Trump - and I've stated that repeatedly. So as you can imagine.....I'm a little bit excited about what's happening lately.


Roe v. Wade Is Hanging by a Thread

Abortion could be illegal in as many as 31 states by this time next year. Here’s how.

-----

Trump promised Wednesday to nominate a justice on the same list of names from which he plucked Gorsuch – individuals whose resumes and ideologies align with the conservative Federalist Society, whose executive vice president, Leonard Leo, vetted the roster. "I would assume 100 percent of the people on that list would reverse Roe v. Wade," Northup says.
https://www.rollingstone.com/politics/features/could-roe-v-wade-be-overturned-w522155
 
Why don't these women just take birth control pills?
 
It's more complicated than that.

Quite right.

I rather doubt that it could be reversed, and I'd much rather see freedom of choice and a reasonable before 20 weeks gestation limitation (quite common in Europe BTW) be the law of the land.
 
Why don't these women just take birth control pills?

I know. You'd think with all the education and information.....that we wouldn't be having this debate anymore!

Also IUD is apparently 99% guaranteed. Not only that, if they use condom - it would also help prevent getting STD!
 
Roe v Wade can certainly be reversed. It will be interesting to see what happens if it is.

My guess is that many states will quickly legalize abortion. States like California will make it a specific right in their state constitutions. Christian conservatives will discover that they are not a moral majority, but a besieged minority.

I lack strong opinions on the subject. No woman ever aborted what I did to her.
 
I hate the way SCOTUS is being used by both Dems and GOP these days.

If Roe v Wade is overruled, it has to be because there is a good argument that outdoes the one which won the case in the first place. Note that conservative SCOTUS judges have voted to uphold RvW in the past, it's not cut and dry. Of course, hyperpartisans thinks that's the way it works: if they're right wing then obviously they'd vote against it. Nope.

This is the problem with America. We are eroding all of our fundamental institutions so that people can punish their political enemies. Nobody cares about upholding due process anymore. They just want to see their political will get done and to hell with whether or not our democracy is eroded in the process.

I'm pro-choice but I could accept a RvW defeat if it was based on proper jurisprudence. My fear and expectation is that after the Trump appointments, that won't happen. It may be defeated on flimsy grounds that do not honor the continuation of jurisprudence. After all, RvW did not just magically appear out of thin air. There were many cases that led up to it. I expect prior precedent in ANY defeat, and if there isn't any, then the onus is on opponents to create it. If they can't create it properly, then they fail. This is how the SCOTUS is supposed to operate. This is how I want to continue seeing it operate.

Also keep in mind that if RvW is defeated, it may lead to an even stronger ruling upholding pro-choice in the future. As a pro-choicer I believe RvW is gradually becoming obsolete and something better should (and will) be put in its place. A right wing defeat could actually be a good thing at this point, to refresh the policy.
 
Why don't you men just wear a condom?

Condom is very sensible since it also prevents STD! Two preventions with one stone.

Now....for 99% guarantee of preventing pregnancy - IUD is the thing to use.
Using IUD with condom is definitely win-win-win-win-win-win scenario! 6-wins!

No worries.......No STD..... no pregnancy...... no guilt....... no future therapy needed!
And, no one can call you a moron!
 
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If the GOP reverse R v W, they'll lose the women vote for generations to come. I'm curious to see if they pull that trigger.
 
Why don't these women just take birth control pills?

they would but as the GOP would like to defund PP, it makes getting affordable birth control all the more difficult. Do you see the irony here ?
 
If the GOP reverse R v W, they'll lose the women vote for generations to come. I'm curious to see if they pull that trigger.

They won't lose all women votes. That's for sure.


Men and women express similar views on abortion; 59% of women say it should be legal in all or most cases, as do 55% of men.
Public Opinion on Abortion | Pew Research Center

And, usually, abortion isn't THE ONLY ISSUE for consideration when choosing who to vote for.


As for generation to come........uhrm........Generation Z ( starting with those born in 1995), are said to be leaning conservatives -
fiscally and socially.






Why the generation after millennials will vote Republican

https://nypost.com/2017/07/01/why-the-next-generation-after-millennials-will-vote-republican/
 
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They won't lose all women votes. That's for sure.

They didn't lose all the black vote and they aren't losing all the Latino vote either; but they are going to lose enough of them to be relegated to the hinterlands in those demographics. Give it time.

If they lose over 70% of the women vote, they will be toast in the overall population. And, if they reverse R v W, it's going to happen sooner than anyone expected.


The anti-abortion fight was theater. No one on that side with even an ounce of political savvy really wants to ban it. They know the consequences.
 
They didn't lose all the black vote and they aren't losing all the Latino vote either; but they are going to lose enough of them to be relegated to the hinterlands in those demographics. Give it time.

If they lose over 70% of the women vote, they will be toast in the overall population. And, if they reverse R v W, it's going to happen sooner than anyone expected.

Depends on the issues that are important to these folks. For some, abortion isn't a deal-breaker.




The anti-abortion fight was theater. No one on that side with even an ounce of political savvy really wants to ban it. They know the consequences.

Why did they do "theatre," if there isn't a need for it?
 
Depends on the issues that are important to these folks. For some, abortion isn't a deal-breaker.

It is for the younger folks. Wait and see.

For me, I don't care. I'm not knocking anyone one up anymore, and I could not care less about fetuses. Ban it and live with the political fallout. I dare the Republicans to do that.
 
It's more complicated than that.

I agree.
It is much more complicated than that.

I would also like to point out that several right to privacy precedents were set before Roe v Wade.
The more precedents, the harder it is to overturn a SC ruling.

It will be extremely hard to overturn Roe without also striking down the precedents of right to privacy cases before Roe including right to privacy regarding child rearing rights , such as the right for parents to send their children to private or religious schools instead of public schools.


The following Surpreme Court decisions would most likely would become dismantled if Roe v Wade were overturned and that is not going to happen.


Weems v. United States (1910)

In a case from the Philippines, the Supreme Court finds that the definition of "cruel and unusual punishment" is not limited to what the authors of the Constitution understood under that concept.

Meyer v. Nebraska (1923)

A case ruling that parents may decide for themselves if and when their children may learn a foreign language, based upon a fundamental liberty interest individuals have in the family unit.

Pierce v. Society of Sisters (1925)
A case deciding that parents may not be forced to send their children to public rather than private schools, based on the idea that, once again, parents have a fundamental liberty in deciding what happens to their children.

Olmstead v. United States (1928)

The court decides that wire tapping is legal, no matter what the reason or motivation, because it is not expressly prohibited in the Constitution. Justice Brandeis' dissent, however, lays the groundwork for future understandings of privacy.

Skinner v. Oklahoma (1942)

An Oklahoma law providing for the sterilization of people found to be "habitual criminals" is struck down, based on idea that all people have a fundamental right to make their own choices about marriage and procreation.

Tileston v. Ullman (1943) & Poe v. Ullman (1961)

The Court refuses to hear a case on Connecticut laws prohibiting the sale of contraceptives because no one can demonstrate they have been harmed. Harlan's dissent in Poe, however, explains why the case should be reviewed and why fundamental privacy interests are at stake.

Griswold v. Connecticut (1965)

Connecticut's laws against distribution of contraceptives and contraceptive information to married couples are struck down, with the Court relying on earlier precedent involving the rights of people to make decisions about their families and procreation as a legitimate sphere of privacy.

Loving v. Virginia (1967)

Virginia law against interracial marriages is struck down, with the Court once again declaring that marriage is a "fundamental civil right" and that decisions in this arena are not those with which the State can interefere unless they have good cause.

Eisenstadt v. Baird (1972)
The right of people to have and know about contraceptives is expanded to unmarried couples, because the right of people to make such decisions exists due not simply to the nature of the marriage relationship. Instead, it is also due to the fact that it is individuals making these decisions, and as such the government has no business making it for them, regardless of their marital status.

Roe v. Wade (1973)

The landmark decision which established that women have a basic right to have an abortion, this was based in many ways upon the earlier decisions above. Through the above cases, the Supreme Court developed the idea that the Constitution protects a person's to privacy, particularly when it comes to matters involving children and procreation.
 
Condom is very sensible since it also prevents STD! Two preventions with one stone.

Now....for 99% guarantee of preventing pregnancy - IUD is the thing to use.
Using IUD with condom is definitely win-win-win-win-win-win scenario! 6-wins!

No worries.......No STD..... no pregnancy...... no guilt....... no future therapy needed!
And, no one can call you a moron!

I've had an IUD, it was pure hell. I will never, ever have one again.
 
Of course, it's no secret to the regulars here where I stand on this matter. Abortion is one of the main reasons I support Trump - and I've stated that repeatedly. So as you can imagine.....I'm a little bit excited about what's happening lately.



https://www.rollingstone.com/politics/features/could-roe-v-wade-be-overturned-w522155

You and all the back alley butchers..... Most abortions take place in countries where it is banned.

https://www.nbcnews.com/health/health-care/abortion-rates-go-down-when-countries-make-it-legal-report-n858476
 
I was under the impression from pro-choice that Roe vs Wade is a done deal.....but apparently there's only one vote that's
stopping it from being reversed.



https://www.gq.com/story/kennedy-retires-supreme-court-the-fight-is-coming


There's a big chance that Roe vs Wade can be reversed. That depends on who's going to replace Kennedy.


Brett Kavanaugh and Amy Coney Barrett are said to be the leading candidates for Supreme Court seat.

Kavanaugh is rumoured to be the favorite. Both of these candidates are quite young.

It wont be overturned.

Stare decisis
 
It wont be overturned.

Stare decisis

Exactly.

Even in the Casey vs planned Parenthood case with a very concervative court ( pro life thought there was good chance Roe be overturned then.) the best the justices could do was make up the term undue burden which allowed some state laws restricting abortion . ( such as a 24 wait, an ultrasound etc. ).

All the Casey decision means is that 3 of Justices agreed with some parts of Roe but disagreed with other parts of Roe.
However , the court agreed with the precedent of Roe v Wade.


They noted that the plurality’s emphasis was on “stare decisis,” . That means the court was following precedent.

Also our new Justice ( Gorsuch) who was recently appointed to the Supreme Court pointed out that the Roe precedence is set in stone and that the Casey decision reaffirmed Roes precedence. The Roe precendece regarding Abortion was reaffirmed with Casey. The only part that changed was states could pass laws regarding abortions if they claimed it was regarding the woman's health as long as the laws did not put an undue burden on the woman.

In the Whole Woman's Health decision that was ruled on in June 2016 Texas lawmakers tried to pass laws that were not really about woman's health but were trying to put an undue burden on the woman.

Thus those Texas laws restricting access to legal abortions were struck down.
 
Here an easy reading less than one page layman language explains the Planned Parenthood vs Casey Case.

https://www.oyez.org/cases/1991/91-744

Conclusion

In a bitter, 5-to-4 decision, the Court again reaffirmed Roe, but it upheld most of the Pennsylvania provisions. For the first time, the justices imposed a new standard to determine the validity of laws restricting abortions. The new standard asks whether a state abortion regulation has the purpose or effect of imposing an "undue burden," which is defined as a "substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability." Under this standard, the only provision to fail the undue-burden test was the husband notification requirement. In a rare step, the opinion for the Court was crafted and authored by three justices: O'Connor, Kennedy, and Souter.
 
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