Roe v. Wade Compromise is Working

OrnotBitwise

OrnotBitwise

Watermelon
After belly-aching about abortion threads the other day, I really oughtn't be posting this. I can't resist though. Immie and, if I recall correctly, Damo were claiming that no state has succeeded in limiting third trimester abortions within the framework of Roe v. Wade.

It turns out that this is not true. Some states have indeed limited, even effectively prohibited, late term abortions. Florida, for one.

http://www.wesh.com/news/9721968/detail.html?subid=22100409&qs=1;bp=t

From the article:
Dr. James Pendergraft is accused of performing two abortions during the third trimester in one of his clinics, WESH 2 News reported.

That's illegal in Florida, and the state suspended his license on Thursday. Pendergraft's attorneys have now filed an appeal with state officials.

-- emphasis added.
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Digging a little tiny bit deeper -- Wikipedia depth, which isn't much more than a thumb's width -- we find this:
The Supreme Court has repeatedly ruled that bans must include exception for threats to the woman's life, physical health, and mental health. That leaves 16 states with what appear to be enforceable bans on late-term abortions:[7]

* Arizona*
* Arkansas* (also allows late-term abortions in cases of rape or incest)
* California
* Connecticut
* Illinois*
* Kentucky
* Louisiana*
* Maine
* Maryland (also allows late-term abortions in cases of fetal abnormality)
* Missouri*
* Nebraska
* Oklahoma*
* Tennessee
* Washington
* Wisconsin
* Wyoming

(*) These states require a second physician to attend the abortion to care for the infant if it is accidentally born alive.
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http://en.wikipedia.org/wiki/Late-term_abortion

So, gentlemen, I submit that your argument has been shot out of the water completely. It simply is not true that states have been unable to limit third trimester abortions. It does appear that the Wikipedia author(s) believe the Florida ban to be unenforceable, but that's only one case. In fact, more states have such bans on the books than do not -- including mine which, I admit, surprised me.
 
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It depends who sits on the court. This will be brought to the supreme court. Now with Roberts and Alito there it will probably be upheld. This probably wouldn't have happened while O'Connor was still there.

What will be required though is the recognition that a child in the third trimester is a person which will have very far reaching effects.

However the court must rule this way. You cannot use the precedent of Roe v. Wade to also support the Florida law.
 
IHateGovernment said:
It depends who sits on the court. This will be brought to the supreme court. Now with Roberts and Alito there it will probably be upheld. This probably wouldn't have happened while O'Connor was still there.

What will be required though is the recognition that a child in the third trimester is a person which will have very far reaching effects.

However the court must rule this way. You cannot use the precedent of Roe v. Wade to also support the Florida law.
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You can use it to support the California law, however, which prohibits third trimester abortions except to save the life of the mother.

The argument was that no state had limited late term abortions under Roe. This is patently false.
 
No, I consistently railed against the R Party for using a slash and burn mentality... Never including the specific wording that would have made their laws constitutional with the sitting SCOTUS of the time. I believe it showed that there was little urge to actually limit abortion from the Party elite, only to look like they were working at it.
 
Those laws are intact because they have not been challenged in the SCOTUS yet. If they are the SC will have to write a new ruling as to the personhood of children in the third trimester.
 
OrnotBitwise said:
You can use it to support the California law, however, which prohibits third trimester abortions except to save the life of the mother.

The argument was that no state had limited late term abortions under Roe. This is patently false.
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I thought this was common knowledge, that states can and do place limitations on late term abortions. That's totally consistent with Roe.
 
So maybe I was wrong, but I doubt it. So shoot me.

Secondly, these laws only stand because those bastards at NOW have not found someone willing to fight them. This Mr. Pendergast will probably be the one in Florida that NOW was praying for.

Pendergraft defended his actions.

"The termination I performed was not only medically necessary, it most likely prevented her from an extremely difficult and potentially life-threatening surgery,"

I wonder what kind of surgery he saved her from. I'll start with suggesting hemmorrhoids.

Immie
 
Cypress said:
I thought this was common knowledge, that states can and do place limitations on late term abortions. That's totally consistent with Roe.
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And the minute the SCOTUS gets its hands on them these laws fall. It does take time to get that far.

Immie
 
And regardless of what you say, Ornot, Roe is no compromise. Look according to The Alan Guttmacher Institute, infamous for its damnable defense of the killing of human children, this affect .08% of all abortions. If that is a compromise then hell froze over three months ago and is now a glacier.

Immie
 
It doesn't matter. As I said the other day, the loopholes required constitute zero limitations on abortion at all. The loopholes are big enough to float an aircraft carrier through which means there is no effective limitations or compromise.

Immie
 
Immanuel said:
It doesn't matter. As I said the other day, the loopholes required constitute zero limitations on abortion at all. The loopholes are big enough to float an aircraft carrier through which means there is no effective limitations or compromise.

Immie
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A think we can agree that a sensible solution would be to limit unintended pregnanices, with eduction, contraception, plan B, and universal health care. That would drastically reduce the demand for abortions. That's the reason many western european countries, have much lower abortions rates that us.

I have no problem with sensible limitations on abortions after the first trimester either.
 
Cypress said:
A think we can agree that a sensible solution would be to limit unintended pregnanices, with eduction, contraception, plan B, and universal health care. That would drastically reduce the demand for abortions. That's the reason many western european countries, have much lower abortions rates that us.

I have no problem with sensible limitations on abortions after the first trimester either.
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Unfortunately, NOW and other Abortion organizations do not agree with you.

I have no problem with the education and contraception. At this point in time, I do have a problem with the so-called "morning after" abortificant and I'm concerned about Universal Healthcare. Universal health care is not the be all that ends all in healthcare although I think it is where we are headed.

Universal healthcare done properly might not be a bad deal, but if the U.S. government gets its hands on it, I am convinced it will get screwed up in beaureaucratic BS and be a total failure.

Immie
 
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That will end, Universal Healthcare would just balloon unendingly until all we had was "free" healthcare.
 
Damocles said:
That will end, Universal Healthcare would just balloon unendingly until all we had was "free" healthcare.
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That will end?

You have more faith than I do. I am not so sure you are correct. Although, I suppose that if a Democrat wins a future election maybe when he is in office he (or she) will find a way to get us out of this. Let's hope the next President, whoever he or she is, can find a way out and will take it.

Don't get me wrong, I support fighting terrorists and terrorism but corralling our soldiers in Baghdad and painting targets on their backs is no way to fight terrorism.

Immie
 
I think if a Republican wins they will find a way to get us out of this. I don't believe that this, or any war, will last forever.
 
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