Speculation is that by passing these anti-abortion laws the Supreme Court will have to finally decide the issue...
Speculation is that by passing these anti-abortion laws the Supreme Court will have to finally decide the issue and the conservatives are hoping that the Court will overturn Roe vs Wade.
Different arguments to present.
The problem is, they aren’t pro-life. They are only pro-birth.
Speculation is that by passing these anti-abortion laws the Supreme Court will have to finally decide the issue...
They already did. Double Jeopardy, the Supreme Court has already heard the arguments, and Ruled. You can't just shuffle around a couple judges, and try again.
Ummm, I call 'bullshit'. You don't understand the intent of the legal system. The Supreme Court can AND HAS overturned their previous decisions. Toe could probably give specific examples, but gay rights is one I remember them overturning. Prior rulings are never cast in stone for all eternity. Times and morals change, and so must the Supreme Court or else they're not responsive to We the People.
Speculation is that by passing these anti-abortion laws the Supreme Court will have to finally decide the issue...
They already did. Double Jeopardy, the Supreme Court has already heard the arguments, and Ruled. You can't just shuffle around a couple judges, and try again.
Ummm, I call 'bullshit'. You don't understand the intent of the legal system. The Supreme Court can AND HAS overturned their previous decisions. Toe could probably give specific examples, but gay rights is one I remember them overturning. Prior rulings are never cast in stone for all eternity. Times and morals change, and so must the Supreme Court or else they're not responsive to We the People.
Do I have to point out the Male Majority? Do I have to point out the gender of the Anti-Choice contingent? Race doesn't appear to be a factor in the SCotUS, but it sure is when it comes to Access to Affordable Healthcare for nonwhites (And Asians)
Let's just pretend that this is about the Right to Life, shall we? Let's just pretend that it's not about Men being entitled to women's bodies, and making choices for them.
That argument breaks down very quickly when you consider one simple fact: All seven of the Justices who voted in favor of Roe v. Wade were men: Harry Blackmun, Warren Burger, William Douglas, William Brennan, Potter Stewart, Thurgood Marshall, & Lewis Powell.
That argument breaks down very quickly when you consider one simple fact: All seven of the Justices who voted in favor of Roe v. Wade were men: Harry Blackmun, Warren Burger, William Douglas, William Brennan, Potter Stewart, Thurgood Marshall, & Lewis Powell.
There's 2 ways to look at #NotAllMen. While there are some men who voted for Roe vs Wade, how many Women voted against it?
There weren't any women on the 1973 Supreme Court, because it was All Men. Convenient! So yeah, it was 7-2 and the 7 were All men, but only because No Women were involved in the vote.
[Toe, please help out here!]
"Convenient?" No. History, and reality.
Regardless, your entire line of reasoning is based on projections and predictions about how the justices "will" vote on this potential new case, and they are based on your perceived biases. Nowhere do you even admit the possibility that some justices might actually vote objectively, based on the case on front of them.[/b]
The courts should decide this case on the narrowest grounds possible under stare decisis , and that is to simply strike down the penalties etc., as violating currently recognized Constitution rights.
“Double jeopardy” is a legal principle that applies only in criminal cases. A person can’t be tried twice for the same crime, including “lesser included offenses.”
American law operates under the doctrine of stare decisis, which means that prior decisions should be maintained -- even if the current court would otherwise rule differently -- and that lower courts must abide by the prior decisions of higher courts. The idea is based on a belief that government needs to be relatively stable and predictable.
This means that overturning a Supreme Court decision is very difficult. There are two ways it can happen:
1. States can amend the Constitution itself. This requires approval by three-quarters of the state legislatures -- no easy feat. However, it has happened several times.
2. The Supreme Court can overrule itself. This happens when a different case involving the same constitutional issues as an earlier case is reviewed by the court and seen in a new light, typically because of changing social and political situations. The longer the amount of time between the cases, the more likely this is to occur (partly due to stare decisis).
10 Overturned Supreme Court Cases (https://money.howstuffworks.com/10-overturned-supreme-court-cases.htm)
Someone lying in this thread on the same point for the second time was upsetting my sensibilities.
Roe v Wade has already passed SCotUS. It hasn't changed, the ruling can't be changed. It's specifically set up so that you can't just replace the bench, and ask again. The Supreme Court is not a magic 8 ball. They have no party affiliation, the law has no party affiliation.
Double Jeopardy. Asked, and answered. Moving on...
a right to choose death of another being over a change in their lifestyle
it is not and should not be considered an inalienable right.
it is absolutely an issue that affects us all.
It is the entirety of the argument in favour of abortions for some.
Larger. I'm not American.
It is one of many things that defines society and it's values. Unplanned pregnancies are also extremely common, meaning the availability and legality and perception of abortions will be taken into consideration for many people at some point in their lives and has been a deciding factor in determining who was allowed to live and who was denied that right.
I believe that the insistence that women have a right to choose death of another being over a change in their lifestyle will be viewed harshly in history books...
Viewing it as a gender issue middies the water too, in my opinion.
I would guess that Katie and Lois at least would be comfortable claiming that the right to choose is an unalienable right, based on discussions that have happened in the past.
I don't care to find an example and it doesn't bother me if you don't believe me but I don't think it's a controversial claim.
The implication of the concept of a woman's right to choose is that a woman has the choice to choose their own lifestyle over the other life that they are carrying.