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I shall also enter an observation: contrary to popular belief, Roe v Wade was not an 'abortion' decision, per se.
Rather, the decision was recognizing an individual's 'right to privacy'. The Court then balanced the right to privacy against the interests of the State in seeing the fetus carried to term. As we know, the Court said that for the first trimester, the individuals right to privacy, including aborting, was absolute, with no State interest. The State's interest arose during the second trimester, and then became a 'compelling' or 'substantial' interest in the third trimester.
Roe v. Wade has been cited by various Federal Courts on, I would guess, hundreds of occasions since the Supreme Court decision, involving 'right to privacy' issues. Some of the issues involved include data privacy, consumer rights, even using alternative medicines.
If the Court were to overrule Roe v. Wade, it would have to be very careful in how it goes about it. I doubt that the Court, or many posters herein, would want the Court to find that a citizen has no 'right to privacy'.
The Court, in Roe v. Wade, examined the Constitutions provisions concerning 'privacy', including the Fourth Amendment, which states:
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
The Fifth Amendment likewise is involved, regarding the right to not have to self-incriminate oneself, with the applicable part:
"...nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law."
The Constitution does not have a clear statement concerning an individuals 'right to privacy'. The Court examined the various Constitutional provisions, and concluded that the 'right to privacy' is implied.
To overrule Roe v. Wade, the Justices would have to abandon the doctrine of 'stare decisis' (which it has done more, of late).
It may seem unimportant to many herein, but the doctrine of 'stare decisis' (Latin for "To Stand by That Which is Decided) is very important in our rule of law. If the Supreme Court began to simply overrule prior decisions simply due to a change of personnel, then issues like 'abortion' will never truly be settled. The 2019 Court may overrule Roe v. Wade, only (say in 2026) have new members that are willing to overrule the 2019 decision.
I can't imagine the chaos if 'gay marriage' were subjected to being overruled simply because a new Court took up the issue. If you can't think why I say 'chaos', then sit and think quietly about it. If you think long enough, you may start to imagine why I use that term.
I disagreed with the findings of Citizens United. However, I think that Congress should address the issue. I would be against a future Supreme Court overruling that decision simply due to a change in membership.
Finally, I will note that there are probably some Justices that think like I do about 'stare decisis'. For instance, Chief Justice Roberts comes to mind. The Court may have more difficulty than one would think of getting five Justices to agree to simply overturn Roe v. Wade.
well, the poll results should put the OP's endless paranoia about a hideous future deprived of abortion and gay marriage to rest permanently.
but it won't. he'll go on howling about 'a handmaid's tale', persecution fantasies involving mandatory execution of gay people, ad nauseum - as if this never happened.
just watch.
as predicted, he posted this less than 5 minutes ago
Quote:
Originally Posted by bawac34618
Left-wing fascism? I guess you mean fascism that tells fundamentalist Christians they can't rule society by their holy book and impose their dogma on everyone by force. If that's left-wing fascism I'll take it any day over where we are headed.
2018 America is becoming more and more like 1930s Germany. Anybody who isn't white, male, straight, and fundamentalist Christian should be concerned. People are still way too apathetic about all this. They think what the fundamentalists want to accomplish could never happen but if there is anything these past two years have shown is that it can and it will.
well, the poll results should put the OP's endless paranoia about a hideous future deprived of abortion and gay marriage to rest permanently.
but it won't. he'll go on howling about 'a handmaid's tale', persecution fantasies involving mandatory execution of gay people, ad nauseum - as if this never happened.
just watch.
Ya, I think most Trump supporters are more focused on the domestic economy and sorting out immigration.
Now if Ted Cruz had won and we were dealing with his supporters, then it'd be a different story.
What precisely is an abortion? There are those who consider Morning After Pill, IUD's, and even the regular Birth Control Pill to cause very early abortions ("abortifacients"). Probably only male condoms would not be considered to cause an "abortion" among the extremists.
What precisely is an abortion? There are those who consider Morning After Pill, IUD's, and even the regular Birth Control Pill to cause very early abortions ("abortifacients"). Probably only male condoms would not be considered to cause an "abortion" among the extremists.
According to a pharmacist, abortion is not even allowed in the form of a pill when the woman is told the fetus has died.
With the makeup of SCOTUS preparing to radically change, this will likely be something we are debating over the next few years. My question is for Trump supporters. If a theoretical conservative SCOTUS were to reverse Roe v Wade or Obergefell v Hodges, would you want to see it? Would you want to see both decisions reversed or just one or the other?
Why do people care so much about issues that don't pertain to them? People just can't mind their own business. Someone's abortion and a couple's marriage is none of anyone's business but theirs. The world would be a much better place if people would just MIND.THEIR.OWN.BUSINESS.
Location: Born in L.A. - NYC is Second Home - Rustbelt is Home Base
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OP...the dems are hell-bent to keep murdering millions upon millions of babies. I guess it distracts them from the ugly, nightmarish lives they have created for themselves. That is another reason they are so gung-ho with legalizing dope...escaping from the nightmare.
Sarah Silverman said she does not want the gov controlling her vagina. (She called it *****.) The gov is not trying to control a woman's vagina. She can do what she likes with her vagina. It is only when this ignorant dem decides to create life that the gov steps in and tells her she cannot kill another life.
Same as the gov is not trying to control your hands or that pile of scrap metal in the corner. But if you use your hands and that pile of scrap metal in the corner to make unlicensed machine guns the gov steps in.
As far as the homosexuals?
Two hairy men can never be husband and wife no matter what Ginsberg and Kennedy said. A man with a penis is not a woman. Seems pretty basic, huh, but the dems will say you are nuts if you disagree with their sick world view.
Sure, give the homosexuals financial rights of a legal union. But marriage between two mentally ill, gender confused homosexuals is farce. 63 genders are pure madness. Oh wait...we are talking about dems, so it is normal as apple pie.
. Probably only male condoms would not be considered to cause an "abortion" among the extremists.
Don't be so sure. Some might think even the pulling out method is abortion.
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