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Draft Alito opinion leaked overturning Roe

Discussion in 'Too Hot for Swamp Gas' started by tampagtr, May 2, 2022.

  1. gator_lawyer

    gator_lawyer VIP Member

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    Which means it isn't a right.
     
  2. oragator1

    oragator1 Premium Member

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    Again, call me hyperbolic, this is the biggest threat to our democracy in my lifetime if this draft makes it through. Not even because of the specific provisions, however awful they are.
    70 percent of Americans want abortion legal in some form. But think through the dominoes with the laws quickly passing in the south and Midwest, the reaction from the liberal states with boycotts and who knows what, and the counter response that is sure to come.
    Then we are halfway there.
    But that’s not even the scary part. The scary part is what happens in states like Pennsylvania, Michigan, Wisconsin, where the zealots will pass these laws against the will of the people, and because of gerrymandering they may not be able to overturn it even with a solid majority against it. Then we are no longer a democracy and all hell will break loose

    Even Virginia and Georgia. Both voted dem in the last election but currently have Republican legislatures and governors.
     
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  3. gator_lawyer

    gator_lawyer VIP Member

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    Virginia currently can't do it because the Democrats have a narrow edge in the Senate. But if this decision signals anything, it's that this Court is wildly out of touch with the majority of Americans. That's a very, very bad thing if you are a person who values the institution.
     
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  4. OklahomaGator

    OklahomaGator Jedi Administrator Moderator VIP Member

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    Abortion

    There is the gallup poll with data going back 46 years. Currently, according to this link, only 32% of Americans believe abortion should be legal in any circumstance. Even abortions with some restrictions doesn't rise above 50% so the majority of Americans don't agree that abortion should be legal in any circumstance.

    EDIT: It also says only 19% believe it should be illegal in all circumstances so the public does see situations that abortion should be allowed.
     
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  5. gator_lawyer

    gator_lawyer VIP Member

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    Roe v. Wade doesn't make abortion legal under any circumstance. Roe and its progeny require it to be legal until viability. 80% of Americans in the polling you posted support abortion being legal under some circumstances.
     
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  6. oragator1

    oragator1 Premium Member

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    Respectfully, you’re thinking of that poll backwards. Only 19 percent want abortion completely outlawed, and I would bet almost everything I own 10 to 20 states try to outlaw it entirely - some combination of MO, ND, SD, KS, NE, OK, TX, AR, AL, TN, IN, OH, GA, IA, MS, FL, WY, SC, ID, WV, MT, UT, and maybe WI, PA and MI, and are going to try and make that happen within days (if not hours) of this being announced, assuming it comes to pass. It’s going to be devastating for the idea of a true democracy, given what a hot button issue it is and how out of touch those bills will be. And if contraception and gay rights come behind it, forget about it.
     
    Last edited: May 2, 2022
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  7. sierragator

    sierragator GC Hall of Fame

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    High fives in evangelical land as they ram their morals down everyone's throat. Taxation without representation. The majority of Americans favor abortion rights, yet here we are.
     
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  8. gator_lawyer

    gator_lawyer VIP Member

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    Somebody on Twitter found the answer. Ironically, somebody leaked Roe v. Wade.
    https://www.washingtonpost.com/history/2022/01/22/january-22-1973-roe-vietnam-lbj/
    Warren Burger, chief justice of the United States, was concerned that the edition of Time magazine that hit newsstands that morning scooped the forthcoming ruling, reporting that the “Supreme Court has decided to strike down nearly every anti-abortion law in the land.” Burger was especially miffed at the article’s headline, “The Sexes: Abortion on Demand,” when his own concurrence confidently asserted, “Plainly, the Court today rejects any claim that the Constitution requires abortions on demand.”

    Burger sent a letter to the other justices demanding that they find the source of the leak, even suggesting lie-detector tests for their law clerks.
     
  9. OklahomaGator

    OklahomaGator Jedi Administrator Moderator VIP Member

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    If you check my post you will see that I added that part of the poll as well.
     
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  10. Matthanuf06

    Matthanuf06 GC Hall of Fame

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    The draft and vaccines say hello.

    As a matter of the Constitution there simply is not such a right to an abortion. In fact mandating vaccines is far more egregious, as it’s forcing someone to do something with their body rather not allowing someone to do something.

    That being said it is also disingenuous to say it’s taking away a right when it does not ban abortion. The ruling explicitly says the abortion question and answer exists with the people.
     
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  11. Matthanuf06

    Matthanuf06 GC Hall of Fame

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    Yes agree. And I suspect such laws (criminalizing legal behavior in other states) will be stricken.
     
  12. Matthanuf06

    Matthanuf06 GC Hall of Fame

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    I don’t think you understand that striking Roe doesn’t ban abortion. It gives the power to the people.

    The legal basis for Roe has always been a joke. Saying abortion is an Unenumerated right is a massive massive leap.

    From a legal standpoint it doesn’t matter if you are pro abortion or against abortion… or in favor of some restrictions. The legal question has always been is there a right found in the Constitution. Clearly there is not

    So I’m that case the power is with the people. If this cases democrats to vote in larger numbers then great, that’s exactly how this should work (despite it potentially killing the economy). If the people are ok with abortion then so be it
     
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  13. Matthanuf06

    Matthanuf06 GC Hall of Fame

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    It’s not a right. I mean damn a few months ago the left was trying to force vaccines on people. We’ve also had the draft. Bodily autonomy has never been an American right
     
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  14. gator_lawyer

    gator_lawyer VIP Member

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    Yes, there simply is. It's part and parcel to the right to liberty. Your vaccine argument falls flat. Can the government imprison you for refusing to get the vaccine? Under your rationale, the answer is yes. Under mine, the answer is no.

    That's not how constitutional rights work. It is very much taking away a right.
     
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  15. oragator1

    oragator1 Premium Member

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    Vaccine resistance was never criminalized. Abortions are about to be in a wide swath of the country.
     
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  16. gator_lawyer

    gator_lawyer VIP Member

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    It has been a recognized right in this country for decades, even apart from abortion. An example is the right to refuse unwanted medical treatment.
     
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  17. gator_lawyer

    gator_lawyer VIP Member

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    The argument that we don't have a right to control our own bodies is quite something. Imagine if a government passed a law requiring all people who voted for Donald Trump to be forcibly sterilized.
     
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  18. BLING

    BLING GC Hall of Fame

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    Wal-mart FEMA camp time. This reversal on personal liberty clearly gives Biden the green light to round up his enemies for re-education. Let’s do this!
     
  19. G8trGr8t

    G8trGr8t Premium Member

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    It is a womans right to choose to let something gestate in her body. The vaccine is a responsibility to the general welfare of the people. Would you throw out all vaccine requirements and have small pix, measles, mumps etc running rampant throughout our population?
     
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  20. tampagtr

    tampagtr VIP Member

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    Why one should never claim something unprecedented. Thread

     
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