SCOTUS opinion leaked: Roe v Wade

Therefore, if the right to privacy no longer is precedent for abortion, then it isn't for Griswold and birth control either.

That is not the way it works. That draft was only ruling on the MS abortion law. If the SC rules privacy does not protect abortion does not change its application in Griswold. It was only ruling on this one issue.

Over the years the SC has added new rights under the right to privacy (consensual sex) and rejected others (drug tests for school athletes). Rejecting one does not throw out all the others.


NO!

NO!

NO!

It became precedent because Congress is the only entity that can create laws.

Your thinking that SCOTUS has the power to write laws is completely fucked. Unless you can point to anywhere in the Constitution that grants it that power. Can you do that? Of course not.




The precedent was set by the decision that the right to privacy extends to abortion, but that is not a law.

That's why Congress must pass a federal law codifying the legality of abortion.

That's the only way around this decision.

Roe is constitutional law, not statutory law. The Supreme Court creates constitutional law through its interpretations.

If you would bother to read the draft you might understand it better.
 
Again, READ THE DECISION, Flash.

In other words, you cannot explain the constitutional law that changed to change this decision. I have read this decision many times. The studies about school performance in segregated v. integrated classrooms was not constitutional law.

Read the dissents in Brown if you do not believe the personal views of the justices affected their decisions.
 
NO!

The only way the Constitution can be changed is through the amendment process.

What the courts do is set precedent based on Constitutionality.

But precedent, as we know, is fungible.

Right, and another term for that is "setting precedent".

If precedent is fungible, then changing precedent means changing the meaning of the Constitution (constitutional law). That means the Constitution changes through court interpretation and not just amendment. Most changes have been through interpretation and not the 27 amendments.

When you say the SC (and lower courts) sets precedent based on constitutionality, what was the constitutionality in Roe?
 
If precedent is fungible, then changing precedent means changing the meaning of the Constitution (constitutional law). That means the Constitution changes through court interpretation and not just amendment. Most changes have been through interpretation and not the 27 amendments.

When you say the SC (and lower courts) sets precedent based on constitutionality, what was the constitutionality in Roe?

well said. clear debate winner!
 
NO!

The only way the Constitution can be changed is through the amendment process.

[h=1]Informal method of amending the United States Constitution:[/h]
  • By judicial interpretation (in Marbury v. Madison-1803-the Supreme Court declared that the federal courts had the power to nullify actions of the national government if found to be in conflict with the Constitution.
  • Social, cultural and legal change.
https://argosy.libanswers.com/faq/199661
 
There are late term abortions. The abortionist (I refuse to call them doctors) puts a suction canula into the brain and sucks it out. He then crushes the skull to make the baby easier to deliver through a partially dilated cervix. THAT is the behavior you are trying to minimize. Anomalies? You mean for things like Downs. Many Downs babies are much loved and cherished members of their families who can live independently and you would have them murdered because they are different from you. Shame on you.

you leave out the FACT that under the law late term abortions occur only when the woman's life is in danger of bringing the pregnancy to term. If you can prove otherwise besides just saying it happens, please do so.
 
Scenario for some Red States should Roe vs. Wade be repealed.:


Patient in doctor's office: I divorced my husband 6 months ago. 3 weeks ago, he barged into my new apartment and raped me. I don't have a prescription for the morning after pill. I don't want his money or him in my life, and I don't want his child. I can take care of myself, but not a child at this time anyway.

Doctor: I see. Well, in my view I see no reason not to schedule a procedure to abort this pregnancy. Will do this in my home office, as the state deems this illegal.

Receptionist sneakily turned on the office intercom, overheard the conversation and reported it to the local D.A. The next day, the doctor was arrested pending trial, and the woman detained until she can be "counseled" regarding adoption by individuals or foster care, and for financing of medical care and such during the next 8 months.

Ahh, gov't intervention into a private life with a theological topping. :palm:
 
You hate when that happens? Hmmm... :thinking:

You might be surprised. So is Mick Jagger. He opens his mouth and his face disappears. But he somehow does, doesn't he?

They both claim to have gotten all this action. It's up to the public whether to believe it or not.
 
I hate it when that happens. :laugh:

Yes, poor Gene, a victim of 10,000 sexual assaults. :rolleyes:

The face that only a mother could love. :laugh:

iu
 
not all women ignorant dumbass, as a matter of fact women as a group was not mentioned at all, learn to read

Did you write this? "Oh no, whores will have to go back to using birth control pills instead getting abortions, how terrible"

It sure sounds like you think women who've had abortions are whores.
 
There are late term abortions. The abortionist (I refuse to call them doctors) puts a suction canula into the brain and sucks it out. He then crushes the skull to make the baby easier to deliver through a partially dilated cervix. THAT is the behavior you are trying to minimize. Anomalies? You mean for things like Downs. Many Downs babies are much loved and cherished members of their families who can live independently and you would have them murdered because they are different from you. Shame on you.

That lie's been debunked and if you're a doctor, you should know it.

Link up to the post where I said Down syndrome fetuses should be aborted.
 
Abortions after 20 weeks are very rare. Anti choice people focus on these abortions. It is usually done to save the life of the mother or if there is something wrong with the fetus as your article stated. It is also not performed in the fashion that was stated by one poster.

True. But you know RWNJs, there's not a conspiracy theory around that they don't embrace wholeheartedly.
 
True. But you know RWNJs, there's not a conspiracy theory around that they don't embrace wholeheartedly.

Cuts both ways, the sistas seem to think removing R v W will mean returning to the coathanger for many. Fact is nine out of 10 abortions are performed before 12 weeks in many high-income countries, meaning that surgical abortion is almost totally unnecessary in this day and age.

Nine out of 10 abortions done before 12 weeks in many high-income countries


Medical abortion now accounts for at least half of pregnancy terminations in most of them

Nine out of 10 abortions happen before 12 weeks of pregnancy in many high-income countries, while the proportion of those done under 9 weeks has risen over the past decade, reveals the first review of its kind, published online in BMJ Sexual & Reproductive Health.

What’s more, medical (drug induced) abortion accounts for at least half of all pregnancy terminations in most of these countries.
The researchers base their findings on official statistics on the number of legal abortions carried out in 24 countries with liberal abortion laws, and classified by the World Bank as high-income. Abortion is available on request in 18 of these countries; on social or economic grounds in four; and for the sake of a woman’s mental health in two (New Zealand and Israel). The researchers focused on length of pregnancy–under 9 weeks; 9-12; 13 or more–and abortion method for the most recent year after 2010, and where data were available, for the 10 years before the most recent estimate.


Generally, most abortions were carried out by 10 or 11 weeks, and in most countries nearly all abortions (90%) were obtained before 13 weeks, with the highest proportion in Germany (97%).

The proportion of abortions carried out after 13 weeks was highest in the Netherlands (18%), possibly because of the numbers of non-residents seeking abortion care in a country where there is no gestational age limit for legal abortion, suggest the researchers.

“The increase in abortions earlier than 9 weeks is likely closely related to the increased availability of medical abortion, since when [it] was approved, the recommended protocol is for a medication abortion to occur under 63 days or 9 weeks’ gestation,” they explain.

“This trend might also be due to the rise in technologies for earlier detection of pregnancy, and the widespread availability of pregnancy tests that provide accurate results at early gestations,” they add.

But other factors, such as mandatory waiting periods for medical abortion and healthcare professionals’ conscientious objection, can delay or prevent women from accessing timely abortion care, note the researchers.

In Italy, for example, “it is estimated that 82%-91% of providers in Rome and the surrounding areas are conscientious objectors, and abortion services are only provided in 60% of Italian hospitals,” they point out.

This is an observational study, and it’s perfectly possible that the abortion statistics used for the analysis were incomplete or under reported, caution the researchers. But their findings “suggest improvements in access to timely care and a choice of methods in some countries, although research is needed to understand if the observed distributions are a function of women’s preferences or of barriers to care,” they conclude.

https://www.bmj.com/company/newsroo...efore-12-weeks-in-many-high-income-countries/
 
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Did you write this? "Oh no, whores will have to go back to using birth control pills instead getting abortions, how terrible"

It sure sounds like you think women who've had abortions are whores.

Some are, many are young and naive, others are just too lazy to arrange contraception. Many are repeat abortions which is truly crazy in this day and age.
 
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But their findings “suggest improvements in access to timely care and a choice of methods in some countries,

What’s more, medical (drug induced) abortion accounts for at least half of all pregnancy terminations in most of these countries.
 
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