Federal judge temporarily blocks TX abortion law

jayem

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In his 113-page ruling, U.S. District Court Judge Robert Pitman said that from the moment SB 8 went into effect last month, "women have been unlawfully prevented from exercising control over their lives in ways that are protected by the Constitution."

He added: "Other courts may find a way to avoid this conclusion is theirs to decide. This Court will not sanction one more day of this offensive deprivation of such an important right."

A U.S. judge blocks enforcement of Texas' controversial new abortion law

This is just Round 2 in the match. Definitely popcorn-worthy drama to watch.
 

BobRyan

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In his 113-page ruling, U.S. District Court Judge Robert Pitman said that from the moment SB 8 went into effect last month, "women have been unlawfully prevented from exercising control over their lives in ways that are protected by the Constitution."

He added: "Other courts may find a way to avoid this conclusion is theirs to decide. This Court will not sanction one more day of this offensive deprivation of such an important right."

A U.S. judge blocks enforcement of Texas' controversial new abortion law

This is just Round 2 in the match. Definitely popcorn-worthy drama to watch.

For that judge -- the baby has no rights.

In his ruling the baby girl can be killed as a baby girl and that is "just fine" but should she be allowed to live and grow up to be an adult - then depriving her of killing her own baby girl can not be tolerated.

"Health of the mother" includes "financial health" as it turns out.

from; Exceptions - Health of the Mother - American Life League
"The World Health Organization defines health of the mother as “any condition that might impact her physical, emotional, psychological or financial well being”.

So is emotional or psychological well being affected by having 1 too many children? by being pregnant at a time when it has just now become inconvenient?

Exactly how cheap is the value of human life in our culture?
 
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Incendiary Minds

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For that judge -- the baby has no rights.

In his ruling the baby girl can be killed as a baby girl and that is "just fine" but should she be allowed to live and grow up to be an adult - then depriving her of killing her own baby girl can not be tolerated.

"Health of the mother" includes "financial health" as it turns out.

from; Exceptions - Health of the Mother - American Life League
"The World Health Organization defines health of the mother as “any condition that might impact her physical, emotional, psychological or financial well being”.

So is emotional or psychological well being affected by having 1 too many children? by being pregnant at a time when it has just now become inconvenient?

Exactly how cheap is the value of human life in our culture?
 
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The IbanezerScrooge

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For that judge -- the baby has no rights.

In his ruling the baby girl can be killed as a baby girl and that is "just fine" but should she be allowed to live and grow up to be an adult - then depriving her of killing her own baby girl can not be tolerated.

"Health of the mother" includes "financial health" as it turns out.

from; Exceptions - Health of the Mother - American Life League
"The World Health Organization defines health of the mother as “any condition that might impact her physical, emotional, psychological or financial well being”.

So is emotional or psychological well being affected by having 1 too many children? by being pregnant at a time when it has just now become inconvenient?

Exactly how cheap is the value of human life in our culture?

What hollow platitudes in the face of 700,000+ actual formerly living, breathing, beating heart, undebatably "person" persons. It makes no sense whatsoever to rail about "babies" but completely dismiss endangering and causing the deaths of people by also railing against sensible community health measures as is done by you pro-lifers on this forum.

On top of that, your inability and/or unwillingness to comprehend the actual argument being made in allowing virtually unrestricted choice with regard to women's health makes this topic almost impossible to discuss. The personhood or "humanness" of the fetus is not even relevant because even if we were talking about a fully grown adult with all the rights and privileges granted thereto a person cannot be compelled to provide their own body or any parts thereof to keep that person alive. It's about bodily autonomy, not personhood.

If you had a child for whom you were the only match on the planet for a blood transfusion or organ transplant and that child would certainly die without your blood or organs you cannot be legally compelled to provide your organs or blood to keep them alive under any circumstance. Nor can you be charged with their death when they die because you did not provide your blood or organs to them. This right to bodily autonomy even extends to after a person's death. Even after they are dead their organs cannot be harvested without their prior-to-death consent having been obtained. That's the argument for keeping abortion legal. You can not like it and think whatever you want about people who are involved, but you do not have a right to force them to lend their body to keep anything else alive whether a person or a fetus.
 
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Blade

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Father have mercy on the USA. What many do not understand is if you stand live in America it is held to your charge if we do say pray nothing. When God was about to judge a nation he looked for just one among them to be a wall to stand in the gap "I searched for a man among them who would build up the wall and stand in the gap before Me for [the sake of] the land, that I would not destroy it, but I found no one [not even one].

Yes these are not the days of old and we are in the age of grace but we hear see this know it goes on day in day out not just here but through out the world. This nation was given, a covenant with God was made. How long before all the sins come before Him...Father was stand in the gap for America
 
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Incendiary Minds

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"Financial health" is more many, even in the U.S. of A. these days a matter of literally life or death. It must be so sublime on a person's part to claim to be a "Christian " or a " believer" yet show depraved indifference to the perilous financial difficulties that most people face, including sadly some Women who contemplate an abortion.

But then the "pro - lifers" are the ones who blame the Women for the pregnancy- NEVER the MEN who cajole, scheme, trick or when such tactics fail, stoop to using drugs, alcohol or out right sexual assault to "get" what they feel is their entitlement to.
Finances? It's the "pro lifers" that vote for Republicans who cut Medicaid, any support or safety net for born children, yet bray about the perils to the unborn. Once born they are seen as parasites- those opposing forced birthers know this all too well. How will this play out? Short term wealthy Women and savvy Women will leave Texas to terminate their pregnancies. The poor will get some assistance if they can.

As I said before, Americans will HAVE to decide which society do they want to have a "Christian " Theocracy OR a Secular Society which says against abortion? Then do NOT have ONE!

Are you ALL hurt that the Recall effort against MY Governor, Governor Newsome failed ?
 
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cow451

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In his 113-page ruling, U.S. District Court Judge Robert Pitman said that from the moment SB 8 went into effect last month, "women have been unlawfully prevented from exercising control over their lives in ways that are protected by the Constitution."

He added: "Other courts may find a way to avoid this conclusion is theirs to decide. This Court will not sanction one more day of this offensive deprivation of such an important right."

A U.S. judge blocks enforcement of Texas' controversial new abortion law

This is just Round 2 in the match. Definitely popcorn-worthy drama to watch.
Regardless of the intent, it's a bad law setting a bad precedent.
 
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jayem

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Don't worry. I'm sure the 5th circuit is going to reverse it.

I’d be surprised if they didn’t. The 5th Circuit is the most ideologically conservative of all the appeals courts.

But no matter what the courts say—even if SCOTUS eventually upholds the TX law—Congress has the authority to codify legal abortion in federal law. Federal law overrides any state law to the contrary. Just like the Civil Rights Act voided state laws protecting racial segregation. And—absent an amendment—there’s nothing in the Constitution stating that the unborn are persons with 14th Amendment rights. But the Democrats would have to show some intestinal fortitude, suspend the filibuster in the Senate, and keep their majority together to pass a Right To Choose Act. But OTOH, federal laws aren’t so durable. If conservative Republicans win back the Presidency and majorities in House and Senate, the law can be repealed.
 
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Incendiary Minds

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The big question still lurks in the background WHO gains if the United States becomes balkanized?

Now don't get me wrong Texas for all of its shortcomings produces some very colorful, dynamic charismatic people and Florida has very vibrant cities, Utah and such are charming.

But MY state, California. There was a movement to divide California and even let the liberal areas come under CANADIAN control. If Canada got even a portion of California- the beaches, cities yes, they need desperate help but Canada I think even conservative San Diego would jump at being CANADIAN and Canadians a hop away from Baja and the rest of Mexico and boosting their own prowess in the world owning Silicon Valley and so forth. Californians free from the fetters of religious fanatics trying to create a theocratic dictatorship and getting Canadian citizenship able to go everywhere without the bad rep that Americans get? Very, very tempting. Maybe it should go this way. Would Ottawa take New York etc; New Canada! Hip hip Hooray!
 
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Arcangl86

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I’d be surprised if they didn’t. The 5th Circuit is the most ideologically conservative of all the appeals courts.

But no matter what the courts say—even if SCOTUS eventually upholds the TX law—Congress has the authority to codify legal abortion in federal law. Federal law overrides any state law to the contrary. Just like the Civil Rights Act voided state laws protecting racial segregation. And—absent an amendment—there’s nothing in the Constitution stating that the unborn are persons with 14th Amendment rights. But the Democrats would have to show some intestinal fortitude, suspend the filibuster in the Senate, and keep their majority together to pass a Right To Choose Act. But OTOH, federal laws aren’t so durable. If conservative Republicans win back the Presidency and majorities in House and Senate, the law can be repealed.
Eh. Not the same thing. It's one thing to criminalize behavior that states don't, it's something very different to say that states can't make certain laws.
 
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jayem

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Eh. Not the same thing. It's one thing to criminalize behavior that states don't, it's something very different to say that states can't make certain laws.

As the link says, the 1964 Civil Rights Act ended the application of Jim Crow state laws. Which had been upheld by SCOTUS in Plessy v. Ferguson.

Legal Highlight: The Civil Rights Act of 1964 | U.S. Department of Labor

A state can make a law and keep it on the books. But if it conflicts with the Constitution, or with federal law, it can’t be enforced.
 
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As the link says, the 1964 Civil Rights Act ended the application of Jim Crow state laws. Which had been upheld by SCOTUS in Plessy v. Ferguson.

Legal Highlight: The Civil Rights Act of 1964 | U.S. Department of Labor

A state can make a law and keep it on the books. But if it conflicts with the Constitution, or with federal law, it can’t be enforced.
Ah, but the Texas law end runs this by banning the state from enforcing the law, instead giving responsibility to individual citizens.
 
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jayem

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Ah, but the Texas law end runs this by banning the state from enforcing the law, instead giving responsibility to individual citizens.

But the citizens enforce the law by filing civil suits in their local courts. Which are extensions of the Texas judiciary. And—as in all states—are under the supervision of the state Supreme Court. No agency of any state or municipal government would be relieved from following federal law unless it was specifically exempted.
 
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jayem

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But MY state, California. There was a movement to divide California and even let the liberal areas come under CANADIAN control. If Canada got even a portion of California- the beaches, cities yes, they need desperate help but Canada I think even conservative San Diego would jump at being CANADIAN and Canadians a hop away from Baja and the rest of Mexico and boosting their own prowess in the world owning Silicon Valley and so forth. Californians free from the fetters of religious fanatics trying to create a theocratic dictatorship and getting Canadian citizenship able to go everywhere without the bad rep that Americans get? Very, very tempting. Maybe it should go this way. Would Ottawa take New York etc; New Canada! Hip hip Hooray!

Getting off-topic here: I’m a US citizen, but Vancouver is my favorite city in the world. For a major urban area, it’s No. 1 on my list for clean, safe, friendly, civilized, cultured, cosmopolitan, and located in a stunningly beautiful setting. The rain doesn’t bother me. I’d move there in a heartbeat, but I’m not sure if I could afford to live the way I’d like.

Sorry for going off topic.
 
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Getting off-topic here: I’m a US citizen, but Vancouver is my favorite city in the world. For a major urban area, it’s No. 1 on my list for clean, safe, friendly, civilized, cultured, cosmopolitan, and located in a stunningly beautiful setting. The rain doesn’t bother me. I’d move there in a heartbeat, but I’m not sure if I could afford to live the way I’d like.

Sorry for going off topic.

Have you been to Victoria?
 
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