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Old 10-12-2018, 09:44 AM
 
Location: the very edge of the continent
88,800 posts, read 44,594,609 times
Reputation: 13625

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Quote:
Originally Posted by Annie53 View Post
Again, if a fetus is a person it should be considered a legal dependent for tax and child support purposes, etc.
Well, maybe you can get prosecutors to stop charging perps with murder for fetal homicide. Have at it.
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Old 10-12-2018, 09:44 AM
 
Location: Home is Where You Park It
23,856 posts, read 13,686,526 times
Reputation: 15481
Quote:
Originally Posted by danielj72 View Post
Yes, both should be repealed. Those rulings were unconstitutional and should never have been made. The judicial branch has no authority to create law as they have been doing. With our new conservative majority I hope to see all that changed, even rolled back to some extent.

Abortion and gay marriage are state issues, that is what the constitution calls for.
Just curious. Where in the Constitution does it say that these issues should be regulated by states?

Roe v Wade is an affirmation by the SCOTUS that "...that (abortion prohibition) violated the guarantee of personal liberty and the right to privacy implicitly guaranteed in the First, Fourth, Fifth, Ninth, and Fourteenth Amendments." Roe v. Wade | www.streetlaw.org

Seems to me that makes it a federal issue, since it is the federal system that is the ultimate guarantor of the BofR.
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Old 10-12-2018, 09:46 AM
 
Location: the very edge of the continent
88,800 posts, read 44,594,609 times
Reputation: 13625
Quote:
Originally Posted by Annie53 View Post
The government taking action against someone who killed a fetus against the mother's will does not violate the woman's right to privacy.
The hell it doesn't. Who has any right to know a woman is pregnant? Filing homicide charges is a violation of the woman's privacy. It makes the pregnancy a matter of public record.
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Old 10-12-2018, 09:52 AM
 
Location: the very edge of the continent
88,800 posts, read 44,594,609 times
Reputation: 13625
Quote:
Originally Posted by jacqueg View Post
Just curious. Where in the Constitution does it say that these issues should be regulated by states?
10th Amendment.

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Quote:
Roe v Wade is an affirmation by the SCOTUS that "...that (abortion prohibition) violated the guarantee of personal liberty and the right to privacy implicitly guaranteed in the First, Fourth, Fifth, Ninth, and Fourteenth Amendments." Roe v. Wade | www.streetlaw.org
That right to privacy has been compromised by fetal homicide laws. When prosecutors file fetal homicide charges against a perp, that makes a woman's pregnancy a matter of public record thereby violating her right to privacy as required by Roe.
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Old 10-12-2018, 09:52 AM
 
Location: Home is Where You Park It
23,856 posts, read 13,686,526 times
Reputation: 15481
Quote:
Originally Posted by InformedConsent View Post
So why doesn't that apply to assisted suicide? That also involves privacy and self-determination, yet physicians who participate in assisted suicide are prosecuted, convicted, stripped of their professional credentials, and sent to prison. That's a violation of the Equal Protection Clause, and grounds for SCOTUS to revisit Roe.
In my view, it absolutely does. Self-autonomy is EXACTLY why I support the right to an abortion, the right of people to love who they love, and the right to choose to end one's own life.

SCOTUS just hasn't caught up with it. And they haven't because the majority of voters haven't. It's coming.

You have it exactly backwards. The trend is toward recognizing secular self-autonomy, not toward re-imposing religious code strictures.
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Old 10-12-2018, 09:54 AM
 
Location: the very edge of the continent
88,800 posts, read 44,594,609 times
Reputation: 13625
Quote:
Originally Posted by jacqueg View Post
In my view, it absolutely does. Self-autonomy is EXACTLY why I support the right to an abortion, the right of people to love who they love, and the right to choose to end one's own life.

SCOTUS just hasn't caught up with it. And they haven't because the majority of voters haven't. It's coming.

You have it exactly backwards. The trend is toward recognizing secular self-autonomy, not toward re-imposing religious code strictures.
You have it backwards. SCOTUS supposedly ruled on the basis of privacy. Both assisted suicide and fetal homicide laws violate that privacy.
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Old 10-12-2018, 09:56 AM
 
Location: Ohio
15,701 posts, read 17,001,975 times
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Quote:
Originally Posted by jacqueg View Post
Except that the R party platform explicitly calls for rolling both of them back.

Apparently Ds take the R party platform more seriously than Rs do. A curious state of affairs to say the least.
Exactly.

Republicans trying to convince everyone that we shouldn't believe what their leaders say.

"Yea, our politicians promise us they are going to overturn Roe v Wade and SSM but they don't really mean it! So you Dems should stop worrying about it."

Really?

LMAO
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Old 10-12-2018, 09:56 AM
 
Location: Home is Where You Park It
23,856 posts, read 13,686,526 times
Reputation: 15481
Quote:
Originally Posted by InformedConsent View Post
10th Amendment.

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

That right to privacy has been compromised by fetal homicide laws. When prosecutors file fetal homicide charges against a perp, that makes a woman's pregnancy a matter of public record thereby violating her right to privacy as required by Roe.
Are you aware that many fetal homicide laws were enacted following Roe v Wade precisely in order to set up the argument you are now making?
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Old 10-12-2018, 09:58 AM
 
Location: Home is Where You Park It
23,856 posts, read 13,686,526 times
Reputation: 15481
Quote:
Originally Posted by InformedConsent View Post
You have it backwards. SCOTUS supposedly ruled on the basis of privacy. Both assisted suicide and fetal homicide laws violate that privacy.
See my comment on fetal homicide laws above.

As for assisted suicide, how on earth does that violate privacy?
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Old 10-12-2018, 09:59 AM
 
Location: The Republic of Gilead
12,716 posts, read 7,778,210 times
Reputation: 11328
Quote:
Originally Posted by Annie53 View Post
Exactly.

Republicans trying to convince everyone that we shouldn't believe what their leaders say.

"Yea, our politicians promise us they are going to overturn Roe v Wade and SSM but they don't really mean it! So you Dems should stop worrying about it."

Really?

LMAO
This.

Roe v Wade has been at the top of the GOP agenda since 1980. It's literally been a top three issue for every major GOP campaign in the past four decades. Gay rights has been an issue since at least 1992. I remember the reason my parents hated Bill Clinton so much when he ran the first time was because he was for "men marrying other men."
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