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As an abortion proponent, I think it should be illegal in all 50 states. But nevertheless, this solution is the best one. Let each state work it out for itself. I already know how my state will go. Unfortunately.
Oops, I meant opponent, not proponent. Thank you to the poster who pointed this out to me.
(I have no legal training, so this I am being serious when I asked the above questions.)
SCOTUS can't act on its own. If it were to pass, there would have to be a case challenging the law's constitutionality that is first introduced at a trial court level, in this case likely a federal district court. From there, the losing party may or may not appeal to a circuit court. If it gets through the circuit court the losing party can then file for certiorari and SCOTUS may or may not take up the case.
Quote:
Originally Posted by MJJersey
The Congress has zero power to force states to allow abortion. In the final draft SCOTUS can include language that basically makes any law like this void.
I have not read the draft opinion; frankly I'm not going to bother until the final opinion because that is the only one that will matter. But the only part of the decision that will have the force of law is the actual holding. If SCOTUS holds that the MS law at issue cannot be overturned on Constitutional grounds because the Constitution does not guarantee a right to be able to access abortions, then that is what will have actual legal precedent. I wouldn't expect the opinion to address whether or not Congress has the authority to pass a law regarding abortion since it is an entirely different issue. So even if the opinion were to discuss it, it would only be dicta, meaning it will have some influential value but not the force of law. I don't think Congress has the authority to pass a national law mandating abortion access, but that will have to do with whether Congress could successfully argue it has the power based on a separate part of the Constitution, not the Bill of Rights. Spoiler alert, they would likely argue they have the power under Congress' power to regulate interstate commerce. Whenever it isn't clear that Congress has the power to do something they try to shoehorn it into the Commerce Clause.
Quote:
Originally Posted by Nov3
Good thing SCOTUS didn't follow this current logic on civil rights.
The south would still be segregating.
No, that is entirely different. The right to the equal protection of the laws is in the Bill of Rights, which is what defeats discriminatory legislation. And it isn't against the Equal Protection Clause if one can get an abortion in one state and not another. So long as the law treats everyone equally within the state, it isn't an Equal Protection issue.
Democrats Had 50 Years to Pass Abortion Legislation
"Democrats began using used the threat of Roe v. Wade being overturned to get you to vote for them and send them money.
Other than scare you to the polls and take your money, for 50 years Democrats did nothing
Over the course of those 50 years, Democrats held the presidency for 21 years and did nothing to legalize abortion legislatively.
For nearly two years, between 2009 and 2011, Democrats held the presidency, the House, and a filibuster-proof majority in the U.S. Senate and still did … nothing!
For 50 years Democrats have refused to solve the abortion issue legislatively, have kept you ginned up, have taken your money, have placed you on tenterhooks, have refused to resolve the problem to a achieve a bigger goal — obtaining power through your money and manipulated votes."
Now Schumer wants to vote on abortion rights? Why not last year? Why not in 2009 when the Democrats controlled Congress?
Indeed, why didn't the Democrats protect abortion in Congress a long time ago? They had multiple times they controlled the Congress. And its like this on every issue and for both parties, Democrats and Republicans. They do not do anything and ignore the people unless they are forced to.
Abortion in particular was something that the Democrats in Congress should have voted on a long time ago since the legal reasoning in Roe v. Wade is so weak.
What a worthless pile of do nothings we have in Congress and I am not just talking about the Democrats.
Now Schumer wants to vote on abortion rights? Why not last year? Why not in 2009 when the Democrats controlled Congress?
Indeed, why didn't the Democrats protect abortion in Congress a long time ago? They had multiple times they controlled the Congress. And its like this on every issue and for both parties, Democrats and Republicans. They do not do anything and ignore the people unless they are forced to.
Abortion in particular was something that the Democrats in Congress should have voted on a long time ago since the legal reasoning in Roe v. Wade is so weak.
What a worthless pile of do nothings we have in Congress and I am not just talking about the Democrats.
Congress likely has held off because most congresspeople probably understand Congress does not have the power to adopt legislation regarding abortion. As I hypothesized above, if they pass it the law I think would be pretty easily challenged as Congress can only pass laws over the subjects specifically outlined in the Constitution. They will probably argue the Commerce Clause extends to this, but that's even more of a stretch than some of the stretchiest things they have used it for.
Congress likely has held off because most congresspeople probably understand Congress does not have the power to adopt legislation regarding abortion. As I hypothesized above, if they pass it the law I think would be pretty easily challenged as Congress can only pass laws over the subjects specifically outlined in the Constitution. They will probably argue the Commerce Clause extends to this, but that's even more of a stretch than some of the stretchiest things they have used it for.
Yeah good point.
But on the other hand, that means that what Schumer is planning is just for show. But at least that is what people want to see, the politicians fighting for their beliefs.
The other possibility was an amendment to the Constitution.
The irony........................The leak is the biggest attack on our country
and it's hiding behind the lives of 63 million babies killed since.
80 % black.
Such an emotionally charged issue hiding under the disguise of one of
the highest crimes committed against our nation.
If I were a gambling man I'd put my money on a crazy Democrat Loon.
They have been screwing too long with the good people of this country.
Now breaching the Justice System. No shame.
I hope whoever is behind this is caught and thrown in jail for a good long time
otherwise this will be billed and milked all the way into the midterms as an all out
assault on woman by Republicans........oooops.........Too late......
Good ole...Never fail.......Chucky the shoemaker and his minions are out there swinging.
Should we now ban Wire Coat Hangers ? Letita thinks so....................
Crazy is as crazy does.............
Agree. I’m expecting an assassination attempt on a conservative Justice because that’s what’s Democrats and leftists have been inciting and asking for ever since the draft opinion was leaked.
Now Schumer wants to vote on abortion rights? Why not last year? Why not in 2009 when the Democrats controlled Congress?
Indeed, why didn't the Democrats protect abortion in Congress a long time ago? They had multiple times they controlled the Congress. And its like this on every issue and for both parties, Democrats and Republicans. They do not do anything and ignore the people unless they are forced to.
Abortion in particular was something that the Democrats in Congress should have voted on a long time ago since the legal reasoning in Roe v. Wade is so weak.
What a worthless pile of do nothings we have in Congress and I am not just talking about the Democrats.
I agree. This could have been made law long ago. Politicians are reactive and rarely proactive. It's unconscionable.
SCOTUS has not voted on it. The leak could be another ploy by the Democrats because the midterms are not looking good for them.
Actually they have. Not a final released vote, but drafts are not done until the 1st vote is certified, as they have to assign who will write for each side.
The faux outrage from the left. Regular tax paying citizens could care less about this. We want the runaway inflation stopped and the border shutdown.
Inflation will end in 2023 based on many economists projections via a Giant Recession.
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