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The entire issue in the Dobbs case was whether the Fed govt had the authority to make laws governing abortion.
Incorrect once again.
Quote:
Originally Posted by Roboteer
Yes, it did. It blocked, and banned, the Federal govt from making laws about abortion.
Incorrect again.
Quote:
Originally Posted by Roboteer
I see the leftist fanatics trying as hard as they can to avoid discussing this issue, as if that could change what the Court decided.
I'm as far from left as anyone gets. I'm mid-60s, I've voted in every election since I became age eligible, and not once in my entire life have I voted for a Democrat. Not. One. Time,.
Having said that, your assertion about SCOTUS blocking The People through their federal Elected Representatives in Congress enacting laws is, well, completely unsupported.
Last edited by moguldreamer; 07-01-2022 at 01:41 PM..
One of many wonderful decisions this term for SCOTUS.
Without question, Roe v Wade was wrongly decided. Protestors say, effectively, "well, I want to be able to have an abortion" but that is a different question entirely from "Does the US Constitution, have an implied right to an abortion that is part of a right to privacy that springs from the First, Fourth, Fifth, Ninth, and Fourteenth Amendments?"
Roe held that the US Constitution does indeed find such an implied right. In the current case, SCOTUS said Roe was wrongly decided and no such implied right exists.
The current case is correctly decided.
A completely different question is, "Do The People Want A Right To An Abortion?" If so, there are a variety of methods for The People to enact such a right.
But that is a different issue entirely.
Last edited by moguldreamer; 07-01-2022 at 01:42 PM..
I have spent to much time in dc speaking to real experts to know I don’t know. I also know you don’t know and I probably have more experience than you. I’m going to trust bidens team of constitutional experts know more than either of us.
Without question, Roe v Wade was wrongly decided. Protestors say, effectively, "well, I want to be able to have an abortion" but that is a different question entirely from "Does the US Constitution, have an implied right to an abortion that is part of a right to privacy that springs from the First, Fourth, Fifth, Ninth, and Fourteenth Amendments?"
Roe held that the US Constitution does indeed find such an implied right. In the current case, SCOTUS said Roe was wrongly decided and no such implied right exists.
The current case is correctly decided.
A completely different question is, "Do The People Want A Right To An Abortion?" If so, there are a variety of methods for The People to enact such a right.
But that is a different issue entirely.
That is correct. In Fl our constitution forbids any changes to a woman’s right to privacy in this issue. The court had blocked DeSantis but late - the suits are in route.
The only thing was taken was the right to the privacy of her abortion. Abortion was legal before the AMA pushed to ban it. Maybe will have to go there.
The entire issue in the Dobbs case was whether the Fed govt had the authority to make laws governing abortion.
And the answer was very clearly NO.
Yes, it did. It blocked, and banned, the Federal govt from making laws about abortion.
I see the leftist fanatics trying as hard as they can to avoid discussing this issue, as if that could change what the Court decided.
Quote:
Originally Posted by moguldreamer
Incorrect once again.
Incorrect again.
Mogul, could you explain why you think Roboteer is incorrect? I've been confused by all of this, as I thought (although perhaps mistakenly) that the Dobbs decision said that any regulating or allowing of abortion is to be done by the states.
Mogul, could you explain why you think Roboteer is incorrect? I've been confused by all of this, as I thought (although perhaps mistakenly) that the Dobbs decision said that any regulating or allowing of abortion is to be done by the states.
Thanks.
In Roe v. Wade, the question was, "Does the US Constitution have an implied right to an abortion that is part of a right to privacy that springs from the First, Fourth, Fifth, Ninth, and Fourteenth Amendments?"
Roe held that the US Constitution does indeed find such an implied right. In the current case, SCOTUS said Roe was wrongly decided and no such implied right to an abortion is found inside the right to privacy that springs from the First, Fourth, Fifth, Ninth, and Fourteenth Amendments. <==Note the Tenth Amendment is not part of SCOTUS consideration.
In the current case, Roboteer mistakenly applies the Tenth Amendment. Indeed, Roboteer incorrectly frames the question before the court in Dobbs:
Quote:
Originally Posted by Roboteer
The entire issue in the Dobbs case was whether the Fed govt had the authority to make laws governing abortion.
And the answer was very clearly NO.
Roboteer's framing of the question above (and his assertion of the answer) is incorrect - it was never about the Federal Governments' authority to make laws governing abortion. Indeed, the entire Dobbs case says just the opposite: because there is no implied right to an abortion, the Federal Government can make lots and lots and lots of laws governing abortion, just as the Federal Government can make lots and lots of laws regarding many things in our life such as tailpipe emissions from cars and tracking cookies in web browsers selling heroin to elementary school kids and everything else you can imagine.
The text of the Dobbs decision states clearly:
Quote:
Held: The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives.
See the bold phrase in the Dobbs decision. Roboteer mistakenly asserts that means The States. It does not. It means precisely what it says: the people and their elected representatives, and that means both the State legislatures and the nation's Congress.
A bit farther along in the text of the decision is the following:
Quote:
Like the infamous decision in Plessy v. Ferguson, Roe was also egregiously wrong and on a collision course with the Constitution from the day it was decided. Casey perpetuated its errors, calling both sides of the national controversy to resolve their debate, but in doing so, Casey necessarily declared a winning side. Those on the losing side—those who sought to advance the State’s interest in fetal life—could no longer seek to persuade their elected representatives to adopt policies consistent with their views. The Court short-circuited the democratic process by closing it to the large number of Americans who disagreed with Roe.
In the bold phrase above, SCOTUS shows the major problem with Roe - it prevented The People through their Elected Representatives from having a say in the matter.
Indeed, NOWHERE in Dobbs does SCOTUS say or imply anything remotely similar to "the States and only the States can make laws regulating abortion, and Congress, even though it represents The People, is enjoined from making laws about abortion."
Last edited by moguldreamer; 07-02-2022 at 09:03 AM..
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