Federal Judge Blocks Mississippi Abortion Law

[mark kennedy]

Sure, why not? It has worked to get poor people to vote for tax breaks for billionaries for the past generation. Why bet on those voters suddenly wising up and seeing they're being taken for a ride this time?

I can't call it, I'm just saying this is where this is all heading. I can't imagine the court overturning Roe v. Wade, if they do it means the politicization of the courts is complete. They may grant more restrictions in the second trimester or something like that but I don't think this results in a victory dance for Donald. I'm pro life by the way, I get tired of pro lifers treating me like a traitor because I tend to vote Democrat. Christians vote pro life, that's really how they look at it, those don't hate life and love death. What I would like to see is a stacked Supreme Court uphold Roe v. Wade and shut that argument down once and for all.

 

[Go Braves]

Except overturning Roe v Wade puts the matter in the states' hands, and that won't be enough for the anti-choice crowd. Round 2 will be the crusade to outlaw abortion entirely, against the wishes of the states.

(Round 3 might be to outlaw shoes on women, to keep them literally barefoot and pregnant )

Well, you're right about that. Thing is a lot of the folks who only see politicians based on the abortion stance are totally ignorant of the fact that overturning Roe v Wade would not outlaw abortion nationwide as they think it would. Folks don't want to bother educating themselves on the facts, they just want to stand there on a soapbox.

 

[Arcangl86]

What are they going to go back to their constituents with a Conservative Supreme Court and a high number of conservative Federal judges? They have full control of the legislature and the state government, do they dare go back and tell them we did nothing because you can't break the Supreme Court precedence. They are effectively challenging the precedence which has to go to the Supreme Court, if they even agree to hear it.

This issue would make it's way through it's courses and come before the Supreme Court in 2020, at least that is a likely timeline. Just imagine the Presidential campaign raging like a storm with control of the Senate hanging in the balance. Get any kind of progress or a victory here and it will make a dramatic difference in 2020. If your pro life and voted for Trump, get a favorable decision, his base is firm. A bad one and they will start breaking ranks I'm pretty sure. Make no mistake, this will be a key issue.

Or more likely it would be overturned by the appellate court and the SCOTUS just won't take it up. There is nothing that hasn't been tried in this law yet.

 

[mark kennedy]

Or more likely it would be overturned by the appellate court and the SCOTUS just won't take it up. There is nothing that hasn't been tried in this law yet.

That will not bode will for Republicans in 2020, they thought all they needed was a majority in on the Supreme Court. Of course these laws will get lost in appellant court, it's all about getting one to the Supreme Court with a real Constitutional question. I don't think they have one.

 

[Arcangl86]

That will not bode will for Republicans in 2020, they thought all they needed was a majority in on the Supreme Court. Of course these laws will get lost in appellant court, it's all about getting one to the Supreme Court with a real Constitutional question. I don't think they have one.

To be fair, it only takes 4 people to have the Court take up a case, but because Roe has been the law of the land so long, they need to wittle it down before they can overrule it.

 

[hedrick]

That will not bode will for Republicans in 2020, they thought all they needed was a majority in on the Supreme Court. Of course these laws will get lost in appellant court, it's all about getting one to the Supreme Court with a real Constitutional question. I don't think they have one.

No, but enough conservative judges in the appellate courts, and eventually one will get by.

 

[mark kennedy]

No, but enough conservative judges in the appellate courts, and eventually one will get by.

I don't think it works that way. If you go on trial and are found guilty, you can appeal, but no matter of fact is ever revisited. Appeals courts focus exclusively on civil rights, invariably they follow case precedence. All of these antiabortion bills are going to the Federal Courts, all will be found unconstitutional. Now not all can appeal all the way to the Supreme Court, but there are so many I think the Supreme Court will be obliged to hear a single test case. This is a rare instance when states are defying the Supreme Court precedence, I think that is the whole reason for it. They need a good test case, something the Supreme Court will hear, that has a solid Constitutional question to consider. Proposition 8 made it to the Supreme Court only to be tossed back into the Federal Court. This is different because this isn't just one state.

 

[Foamhead]

I think it has a ways to go before being ruled on by a pro-life leaning SCOTUS.

Obviously some of you have no idea how the American court system works. Previous decisions cannot be overturned unless you can prove the original ruling was somehow in error. If the pro-birth judges are blatantly ignoring settled law and precedent for a partisan agenda it could lead to removal.

Also higher courts have no obligation to hear your case. If they feel the lower court was correct and there was no reversible error they'll just simply refuse to give it a hearing.

Good luck.

 

[Arcangl86]

Obviously some of you have no idea how the American court system works. Previous decisions cannot be overturned unless you can prove the original ruling was somehow in error. If the pro-birth judges are blatantly ignoring settled law and precedent for a partisan agenda it could lead to removal.

Also higher courts have no obligation to hear your case. If they feel the lower court was correct and there was no reversible error they'll just simply refuse to give it a hearing.

Good luck.

That how it works in theory, but the Supreme Court over the last 15-20 years or so has become openly partisan and willing to overturn settled law to fit their political ideologies.

 

[mark kennedy]

Obviously some of you have no idea how the American court system works. Previous decisions cannot be overturned unless you can prove the original ruling was somehow in error. If the pro-birth judges are blatantly ignoring settled law and precedent for a partisan agenda it could lead to removal.

Also higher courts have no obligation to hear your case. If they feel the lower court was correct and there was no reversible error they'll just simply refuse to give it a hearing.

Good luck.

That's what concerns me most, how do you get an effective test case. I don't really see a new question for the Courts unless it's a states rights issue. Apparently certain states are demanding this be reconsidered but the chief justice will have one question, what is the question before the court? You had better have a good answer or it goes back to Federal Court and your toast.

 

[GodLovesCats]

This isn't about Roe v Wade... it's about all the lower courts ruling one way, and your hopes that a pro-life leaning SCOTUS will rule the other way because... reasons?

It is 100% about Roe vs. Wade. Mississppi's neighbor, Alabama, specifically wrote that in its legislation to ban nearly all abortions. The Magnolia State is gambling on the possibility the SCOTUS will want to hear it upon appeal at the next level, which of course is not guaranteed to happen.

 

[GodLovesCats]

We don't yet know if it will be ALL the lower courts ruling one way. Even all these different states voting for these anti-abortion measures have a process to go through before their governor signs the measures into law, so it's certainly not clear that all the lower courts leading up to the SCOTUS will vote a certain way. All we know now is that one federal judge has blocked one state's law.

More than one, actually. The article mentions the same judge blocking a less restrictive law in Mississippi. Also, North Dakota, Iowa, Kentucky, and Texas all had abortion laws blocked before the Southwest states even began passing their own abortion bans.

 

[TLK Valentine]

It is 100% about Roe vs. Wade. Mississppi's neighbor, Alabama, specifically wrote that in its legislation to ban nearly all abortions. The Magnolia State is gambling on the possibility the SCOTUS will want to hear it upon appeal at the next level, which of course is not guaranteed to happen.

Sounds like a ploy to make political hay...

Verily, Mississippi and Alabama have their reward.