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Even if a case were brought before the SCOTUS that challenged the legality of abortion (and a case would need to be brought before them, since they are judges, not legislators), and a decision "overturned" Roe v Wade, that wouldn't make abortions illegal. What it would do is properly follow the 9th and 10th Amendments and put non-enumerated issues back into the hands of the people and the states, where non-enumerated issues belong.
Chances are good that in the vast majority of states, abortion law wouldn't change much at all. All Roe v Wade did was super-legislate abortion into being under federal control, where it has absolutely no place whatsoever, per the US Constitution. Federalism dictates the states should control non-enumerated powers/issues/subjects.
And Kavanaugh is no anti-abortion zealot. He's more libertarian than that. Even if he were though, it still doesn't make abortion illegal. A case has to come before the court where a state has made abortion illegal in some way the federal government's judicial fiat of Roe v Wade disagrees, and then the decision by the court sides with the state in making their own laws, since abortion is not an enumerated power of the federal government, and then that decision needs to be broad enough that it sets new precedent for all 50 states. Even the, abortion isn't illegal in the US until all 50 states decide to make it illegal. There is exactly zero chance that would happen, and I'd guess that not a single state in the entire union would make it 100% illegal no matter what.
But please, don't let basic Civics and common sense stop you from today's bumper sticker paranoia.
This is a prime example of how unhinged a lot of people have become on the Left side of the aisle. The party has been hijacked by a mob of Chicken Littles.
The issue is constitutionally, should abortion policy be something that is dictated by the federal courts and federal policy, or should the individual states be deciding an issue such as that. Of course, it's the latter and it is an overreach of judicial and federal authority as it stands currently.
It’s more about whether it is a right under the 14A. Right now, it’s considered a violation of someone’s right to privacy—I.e substantive due process. It’s recognized as a privacy right along with contraception, marriage, educating your kids, familial relations etc. Somebody would have to show why abortion is not a privacy right.
The individual states cannot be left to regulate the 14A because it runs from themselves to their citizens. That’s literally letting the fox guard the hen house.
That kind of thinking is why some of the states with the highest percentage of teen pregnancy, std's, etc. are the ones that are overall the most conservative.
Bingo.
Quote:
Originally Posted by Volobjectitarian
Even if a case were brought before the SCOTUS that challenged the legality of abortion (and a case would need to be brought before them, since they are judges, not legislators), and a decision "overturned" Roe v Wade, that wouldn't make abortions illegal. What it would do is properly follow the 9th and 10th Amendments and put non-enumerated issues back into the hands of the people and the states, where non-enumerated issues belong.
Chances are good that in the vast majority of states, abortion law wouldn't change much at all. All Roe v Wade did was super-legislate abortion into being under federal control, where it has absolutely no place whatsoever, per the US Constitution. Federalism dictates the states should control non-enumerated powers/issues/subjects.
And Kavanaugh is no anti-abortion zealot. He's more libertarian than that. Even if he were though, it still doesn't make abortion illegal. A case has to come before the court where a state has made abortion illegal in some way the federal government's judicial fiat of Roe v Wade disagrees, and then the decision by the court sides with the state in making their own laws, since abortion is not an enumerated power of the federal government, and then that decision needs to be broad enough that it sets new precedent for all 50 states. Even the, abortion isn't illegal in the US until all 50 states decide to make it illegal. There is exactly zero chance that would happen, and I'd guess that not a single state in the entire union would make it 100% illegal no matter what.
But please, don't let basic Civics and common sense stop you from today's bumper sticker paranoia.
Yes - Kavanaugh is an anti-abortion zealot and yes - there are states that would most certainly make abortion illegal.
Even if a case were brought before the SCOTUS that challenged the legality of abortion (and a case would need to be brought before them, since they are judges, not legislators), and a decision "overturned" Roe v Wade, that wouldn't make abortions illegal. What it would do is properly follow the 9th and 10th Amendments and put non-enumerated issues back into the hands of the people and the states, where non-enumerated issues belong.
Chances are good that in the vast majority of states, abortion law wouldn't change much at all. All Roe v Wade did was super-legislate abortion into being under federal control, where it has absolutely no place whatsoever, per the US Constitution. Federalism dictates the states should control non-enumerated powers/issues/subjects.
And Kavanaugh is no anti-abortion zealot. He's more libertarian than that. Even if he were though, it still doesn't make abortion illegal. A case has to come before the court where a state has made abortion illegal in some way the federal government's judicial fiat of Roe v Wade disagrees, and then the decision by the court sides with the state in making their own laws, since abortion is not an enumerated power of the federal government, and then that decision needs to be broad enough that it sets new precedent for all 50 states. Even the, abortion isn't illegal in the US until all 50 states decide to make it illegal. There is exactly zero chance that would happen, and I'd guess that not a single state in the entire union would make it 100% illegal no matter what.
But please, don't let basic Civics and common sense stop you from today's bumper sticker paranoia.
First of all the court did not legislate abortion on anybody. It made it unconstitutional for states to deprive their citizens of a right under the 14A. This is not a 10A issue. The question is whether abortion is a privacy right under substantive due process. The answer right now is yes, with the interests of a viable fetus in mind. Once a fetus is viable, states are allowed to reasonably restrict abortion rights.
There is no constitutional right to an abortion. None. That was just the opinion of 5 unelected people 50 years ago. The decision should be put back in the hands of the states where it belongs. Though, as a practical matter, even if Kavanaugh gets confirmed (and he will), I suspect that John Roberts would not vote to overturn Roe v. Wade. At least not completely. So, rest assured abortion advocates, your "right" to kill your own babies is safe for now. If Ginsberg dies and is replaced by a hard-line anti-abortionist then Roe v. Wade might get overturned.
Bam! Exactly! I haven't listened to the entire hearing so far ...my wife has. I step in and listen for a few minutes here and a few minutes there. What I have heard so far is a man that is intensely interested in the law, the Constitution, has read the Federalist Papers, and can quote from memory from them, and identify from which one he is quoting.
This man may be a genius.
He knows the law. He is interested in upholding the law, not in promoting some political ideology. I can't for the life of me figure out why anyone would not vote to confirm him, unless it is the Constitution itself that scares them. They are actually afraid of anyone who would uphold the Constitution. That is what has become of the Democrats. They absolutely hate our Constitution, and anyone who supports it. That's one reason why they hate President Trump.
There is no constitutional right to an abortion. None. That was just the opinion of 5 unelected people 50 years ago. The decision should be put back in the hands of the states where it belongs. Though, as a practical matter, even if Kavanaugh gets confirmed (and he will), I suspect that John Roberts would not vote to overturn Roe v. Wade. At least not completely. So, rest assured abortion advocates, your "right" to kill your own babies is safe for now. If Ginsberg dies and is replaced by a hard-line anti-abortionist then Roe v. Wade might get overturned.
This is a prime example of how unhinged a lot of people have become on the Left side of the aisle. The party has been hijacked by a mob of Chicken Littles.
Come on now -- both sides go full on drama queen to try and get a point across.
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