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Old 05-17-2019, 04:38 AM
 
8,312 posts, read 3,927,691 times
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Not really a fan of polls so thought I would just get response from the rank and file here at C-D.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

First question is - when the Alabama abortion ruling reaches the SCOTUS, will they move to overturn Roe v Wade? Why or why not?

https://en.wikipedia.org/wiki/Roe_v._Wade

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Second question - will Alabama or any other State, or the SCOTUS move to roll back the provisions of the Voting Rights Act of 1965? Why or why not?

Many people didn't think that Roe v Wade would be overturned or even contested, so this now becomes a real possibility.

The Voting Rights Act of 1965 secured the right to vote for racial minorities throughout the country, but especially in the Deep South. It was amended in 1970, 1975, 1982, 1992, and 2006.

https://en.wikipedia.org/wiki/Voting_Rights_Act_of_1965

https://en.m.wikipedia.org/wiki/Amen...ts_Act_of_1965

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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Old 05-17-2019, 06:17 AM
 
13,685 posts, read 9,009,247 times
Reputation: 10406
I very much doubt the Alabama law will reach the Supreme Court. The law will be struck down by a Federal district judge, as being unconstitutional in light of the language of Roe, then the action will be confirmed by the Court of Appeals. Then the Court will deny review.



Recall, the Court only hears around 80 cases a year, mainly targeting those cases in which there is a conflict on interpretation of law by two or more Court of Appeals.



Also, we must keep in mind that Roe was a privacy case: the Court found that a woman has a right to privacy concerning whether to terminate a pregnancy in the first trimester. Many subsequent court cases relied on Roe regarding privacy cases (not just on abortion, but a slew of cases). To overrule Roe would mean overruling the right to privacy, not just for women.



The best way forward for those opposed to other people having access to abortion is by incrementally making abortions harder to obtain (laws concerning abortion clinics, such as doctor's admitting privileges at nearby hospitals). These measures do not strike directly at the privacy issue of Roe, but will achieve the purpose of making women travel to other jurisdictions.
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Old 05-17-2019, 06:39 AM
 
4,336 posts, read 1,555,043 times
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It takes a special kind of stupid to conflate those two issues.
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Old 05-17-2019, 06:59 AM
 
Location: Lee County, NC
3,318 posts, read 2,339,713 times
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No, Roe v. Wade isn't going to be overturned.
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Old 05-17-2019, 07:05 AM
 
Location: Morrison, CO
34,231 posts, read 18,579,444 times
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Quote:
Originally Posted by somebodyfromnc View Post
No, Roe v. Wade isn't going to be overturned.
But the Democrats will try to SCARE people by lying and saying it will. This was a stupid move by the Alabama legislature. Don't worry libs, you will still be able to murder your children.
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Old 05-17-2019, 10:27 AM
 
8,312 posts, read 3,927,691 times
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Quote:
Originally Posted by Open-D View Post
It takes a special kind of stupid to conflate those two issues.
Actually, it takes a special kind of genius to make a response like this. Either you do not have an opinion on this topic or you are unable to grasp it. We will never know, but comments like this provide endless entertainment in the meantime.
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Old 05-17-2019, 10:33 AM
 
5,705 posts, read 3,671,669 times
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It sure could be. It probably won’t but I wouldn’t bet the farm against it happening. How ironic that president ho boy could help bring this about. How many abortions do you think Trump paid off in his life? You know he’s done it at least once.
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Old 05-17-2019, 10:37 AM
 
33,387 posts, read 34,841,834 times
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the alabama law does not eliminate abortion, it does restrict it though. and if one were to read the roe v wade opinion, it does mention it being limited to the first trimester for unrestricted abortions, after that though, well read this;


Quote:
oe v. Wade, 410 U.S. 113 (1973),[1] was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution provides a fundamental "right to privacy" that protects a pregnant woman's liberty to choose whether or not to have an abortion. It also ruled that this "right to privacy" is not absolute and must be balanced against the government's interests in protecting women's health and protecting prenatal life.[2][3] The Court resolved this balancing test by tying state regulation of abortion to the three trimesters of pregnancy: the Court ruled that during the first trimester, governments could not prohibit abortions at all; during the second trimester, governments could require reasonable health regulations; during the third trimester, abortions could be prohibited entirely so long as the laws contained exceptions for cases when abortion was necessary to save the life of the mother.[4] Because the Court classified the right to choose to have an abortion as "fundamental", the decision required courts to evaluate challenged abortion laws under the "strict scrutiny" standard, the highest level of judicial review in the United States.[5]

https://en.wikipedia.org/wiki/Roe_v._Wade


we have gone far beyond what the court initially ruled, and now the pendulum is swinging back the other way.
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Old 05-17-2019, 11:01 AM
 
Location: The Eastern Shore
4,466 posts, read 1,606,053 times
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Quote:
Originally Posted by Pilot1 View Post
But the Democrats will try to SCARE people by lying and saying it will. This was a stupid move by the Alabama legislature. Don't worry libs, you will still be able to murder your children.
I think it's hilarious when someone acts like "libs" are the only ones getting abortions. Hate to break it to you Pilot, but "cons" get them too. They just try to sweep them under the rug and hope no one finds out.
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Old 05-17-2019, 12:05 PM
 
Location: Silicon Valley, CA
13,561 posts, read 10,356,919 times
Reputation: 8252
Quote:
Originally Posted by legalsea View Post
I very much doubt the Alabama law will reach the Supreme Court. The law will be struck down by a Federal district judge, as being unconstitutional in light of the language of Roe, then the action will be confirmed by the Court of Appeals. Then the Court will deny review.


Recall, the Court only hears around 80 cases a year, mainly targeting those cases in which there is a conflict on interpretation of law by two or more Court of Appeals.


Also, we must keep in mind that Roe was a privacy case: the Court found that a woman has a right to privacy concerning whether to terminate a pregnancy in the first trimester. Many subsequent court cases relied on Roe regarding privacy cases (not just on abortion, but a slew of cases). To overrule Roe would mean overruling the right to privacy, not just for women.


The best way forward for those opposed to other people having access to abortion is by incrementally making abortions harder to obtain (laws concerning abortion clinics, such as doctor's admitting privileges at nearby hospitals). These measures do not strike directly at the privacy issue of Roe, but will achieve the purpose of making women travel to other jurisdictions.
Concur.

Unfortunately, the states are already doing these measures anyway (in bold) - they'll just cut at it piecemeal.
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