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Draft Alito opinion leaked overturning Roe

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

  1. dynogator

    dynogator VIP Member

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    I've seen posts that mention religion in general as a motivation for the reversal, but not Catholicism specifically. Why is that? The breakdown of the Justices is 6 Catholics, 2 Protestants, and one Jewish. This isn't close to representing the population. All five Justices with the majority opinion are Catholic, which isn't, I think, a coincidence.
     
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  2. gatorplank

    gatorplank GC Hall of Fame

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    All I am advocating for is abortion have the threshold of evidence for a charge or a conviction as any other form of murder. The legal procedure for securing an indictment or a conviction should be identical to any other form of murder.
     
    Last edited: May 6, 2022
  3. mdgator05

    mdgator05 Premium Member

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    Let's say that somebody has a kidney and somebody else who matches them needs a kidney or they will die. They are the only match found. Is it murder not to provide the kidney as a donor. Why or why not?
     
  4. slocala

    slocala VIP Member

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    Not surprised we are flying at two different altitudes. The question I am asking you is what to do with a miscarriage or similar where the non-person is not viable. Assume abortion is illegal.

    edit: see post #844 if you want to refresh your comment to IceQueen on her comment about miscarriage.
     
  5. gatorplank

    gatorplank GC Hall of Fame

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    I'm not completely familiar with the legal code for securing an indictment for homicide, but whatever the procedure is for that...that is what the procedure should be for securing an indictment for an abortion. The two should be congruent, so that a person cannot accuse one of the processes of being Draconian without also bringing into question the other.
     
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  6. AzCatFan

    AzCatFan GC Hall of Fame

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    The problem with this, as Queen has been stating, it's often medically impossible to distinguish between an induced miscarriage and a naturally occurring miscarriage. So, when someone intentionally induces a miscarriage, how do you prove it? For every miscarriage, do you subpoena the woman's Internet history to see if she has been searching for natural ways to end a pregnancy? Talk to friends and family to make sure the women was sufficiently happy to be pregnant, and distraught enough at losing it? Check travel plans for any past trips to areas where abortion is legal?

    In places where abortion is illegal, women being placed in jail after having a miscarriage is not that uncommon. And here in the states, it's already happening in Texas, after their fetal heartbeat law was passed. Yes, in this case, the woman was released, but Texas law currently isn't as strict as Louisiana law will going to be.
     
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  7. slocala

    slocala VIP Member

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    So you are advocating that every miscarriage would be treated as a homicide investigation. That is exactly what IceQueen was saying!
     
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  8. gatorplank

    gatorplank GC Hall of Fame

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    I suppose you could look at it that way, but the right to privacy makes investigating a miscarriage/abortion much more difficult than investigating a normal homicide. Some investigations could be very quick and closed out within a day or two. As long as the same thresholds of evidence are used in obtaining indictments and convictions the law is being fair. If there is no evidence then you assume innocence.

    I will admit criminalizing abortion could certainly have its initial legal issues we will have to figure out, but that does not mean the SCOTUS would be wrong in repealing Roe vs. Wade.
     
  9. gatorplank

    gatorplank GC Hall of Fame

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    Securing a subpoena in an abortion case should require no more or no less evidence than what is required to secure a subpoena in a normal homicide case. That way there is no ground to question anti-abortion law as draconian without also questioning our existing homicide laws on the books.
     
  10. AzCatFan

    AzCatFan GC Hall of Fame

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    If the Alito draft becomes precedence, there is no right to privacy. Not when it comes to abortion.

    Homicide investigations occur when the ME rules the death a homicide or questionable. With no way to know if a miscarriage was induced or natural, aren't all miscarriages questionable?
     
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  11. philnotfil

    philnotfil GC Hall of Fame

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    Now you're getting it ;)
     
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  12. slocala

    slocala VIP Member

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    Wrong. Personal liberties are potentially under attack based on the draft sweeping language. Read it.

    Wrong. Way more than 1-2 days for a non-medical police officer to collect evidence, process, and someone in the corners office to hand down information to the AG. What if the evidence is has been destroyed? Is that obstruction?

    Wrong. Innocent until proven guilty.
     
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  13. gatorchamps960608

    gatorchamps960608 GC Hall of Fame

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    One of our resident wackos is basically saying that any pregnant woman needs to retain counsel in case anything goes wrong with her pregnancy.
     
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  14. gogator7444

    gogator7444 GC Hall of Fame

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    New York expanding on its programs, offering assistance, sanctuary and protection to women from other states needing reproductive services.

    And I word it that way since as already demonstrated, contraceptives and even IVF treatments are now targets. For those under a rock, IVF - in vitro fertilization. What people do when they WANT to get pregnant.
     
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  15. mdgator05

    mdgator05 Premium Member

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    Yeah, you can't rely on the right that the Supreme Court is about to say doesn't exist to simplify the process after they announce that right doesn't exist...
     
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  16. GatorNorth

    GatorNorth Premium Member Premium Member

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    If a fetus is a person how come we

    -don’t get an exemption for it on our state or local tax returns?
    -only consider its birth as the qualifying event for health insurance purposes, not it’s conception?
    -can’t make it a beneficiary under a life insurance policy?
    -can’t insure it under its own life insurance policy?
    -don’t include it in the census count as part of our population?
     
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  17. gogator7444

    gogator7444 GC Hall of Fame

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    Don't confuse folks with common sense.
     
  18. mrhansduck

    mrhansduck GC Hall of Fame

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  19. gogator7444

    gogator7444 GC Hall of Fame

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    More on the LA thing...they even acknowledged it was unconstitutional how far they were going

     
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  20. gogator7444

    gogator7444 GC Hall of Fame

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