Roe vs. Wade II

[arnegrim]

What do you think?

PIERRE, S.D. - Gov. Mike Rounds signed legislation Monday that would ban most abortions in South Dakota, a law he acknowledged would be tied up in court for years while the state challenges the 1973 U.S. Supreme Court decision that legalized abortion.

The bill would make it a crime for doctors to perform an abortion unless the procedure was necessary to save the woman's life. It would make no exception for cases of rape or incest.

http://news.yahoo.com/news?tmpl=story&cid=514&u=/ap/20060306/ap_on_re_us/abortion_south_dakota_12

 

[momalle1]

Obviously they are doing this to push a new RvW battle, you'd have to be blind to not see that. I think they will be waiting a long time for the battle, there will always be states and other nations that allow it, and most people will go to them, rather than face the court battle.

You do realize even if RvW is overturned, it would not make abortions illegal, right?

 

[arnegrim]

Obviously they are doing this to push a new RvW battle, you'd have to be blind to not see that.

The article states it outright.

I think they will be waiting a long time for the battle, there will always be states and other nations that allow it, and most people will go to them, rather than face the court battle.

You do realize even if RvW is overturned, it would not make abortions illegal, right?

Yes. And?

 

[burrow_owl]

You do realize even if RvW is overturned, it would not make abortions illegal, right?

The pressure on a GOP U.S. congress to ban it would be huuuuuge. So a Roe reversal wouldn't automatically ban abortion, but abortion will either be banned, or draconian laws passed making it very difficult to get one, very shortly after a reversal.

 

[momalle1]

The pressure on a GOP U.S. congress to ban it would be huuuuuge. So a Roe reversal wouldn't automatically ban abortion, but abortion will either be banned, or draconian laws passed making it very difficult to get one, very shortly after a reversal.

Maybe, and I'm quite sure that's where many conservatives are headed (that slippery slope they like to bring up), but I find it hard to believe that even if RvW is overturned that the Supreme Court could find anything in the constitution that could outlaw it. I think it would be left to the states.

 

[burrow_owl]

What would happen: Roe is reversed, meaning abortion can be banned. Then the U.S. congress passes a law outlawing abortion for the entire country.

Under current commerce clause jurisprudence, it isn't left to the states. It's well within the power of the federal government to ban abortion.

 

[Prawnik]

Some (a very few) legal scholars have suggested that the Equal Protection Clause in the XIV Amendment should be applied to the unborn. Much as I'd love to see the Supreme Court make such a ruling, I think it is not about to happen.

As far as a legislative fight goes - it will be interesting to see how many ostensibly "right-to-life" GOP congressmen will get cold feet, when forced to take an actual (and potentially unpopular stand) on legislation that actually matters? Symbolic votes on matters that will either change nothing or get shot down in the courts are one thing. But the possibility of a backlash at the polls (not to mention the disapproval of the folks at the country club) may show us the depth of our elected representatives' convictions.

Students of Hegel will find the potential legislative fight interesting. I personally wonder whether such a fight will be the beginning or the end of the right-to-life movement? For illustration, see the legislative fights in 1970's France and Italy and their outcomes.

 

[burrow_owl]

Students of Kojeve find it insane.

 

[Prawnik]

Students of Kojeve find it insane.

Educate me.

 

[k]

I think this will suck precious time from our court systems.

 

[gengwall]

Arrrgghhh. Too many SD Abortion ban threads to keep track of

 

[arnegrim]

I think this will suck precious time from our court systems.

Much more important then 'Under God' or 'In God we Trust'...

 

[k]

Much more important then 'Under God' or 'In God we Trust'...

Not really because those obviously violate the Constitution.

 

[greenjeans]

I don't think abortion will be banned, for the seer fact that abortion is a side effect of a society morally out of control. example pornography viagra sex all over tv. just my opinion.

 

[arnegrim]

Those do not establish a 'state religion'...

 

[Woodsy]

I think this will suck precious time from our court systems.

But hopefully give precious time to the lives of children who would otherwise be murdered in the womb.

 

[Woodsy]

How many pro-abortion folks have read and can defend the court's conclusions in Roe v. Wade?

After all, the non-existent "Right to Privacy" was created by Justice William O. Douglas' bizarre "emanations from penumbras" -

Don’t be embarrassed if you don’t know what emanations from penumbras are. Young lawyers across America had to pull out their dictionaries when reading Griswold for the first time. A penumbra is an astronomical term describing the partial shadow in an eclipse or the edge of a sunspot — and it is another way to describe something unclear or uncertain. “Emanation” is a scientific term for gas made from radioactive decay — it also means “an emission.”

Link

 

[Fantine]

Political analysts apparently feel that the Supreme Court will not opt to hear this case, letting whatever decisions the lower courts make to stand.

This is because (and I heard this on the Today show) even with the appointment of Roberts and Alito there would still be a 5-4 majority in favor of Roe (I'm not sure that's true) and secondly, Alito and Roberts don't want to jump at the first chance they get to overturn Roe as it would seem "too political."

 

[angela 2]

What do you think?



http://news.yahoo.com/news?tmpl=story&cid=514&u=/ap/20060306/ap_on_re_us/abortion_south_dakota_12

Hi An,

I heard about that one. It forbids abortion even in the case of rape or incest. Crazy. So crazy. Why would anyone want to deny abortion to such women? Is a fetus that is not viable outside the womb an excuse for inflicting more trauma on women already traumatized?

 

[Woodsy]

Hi An,

I heard about that one. It forbids abortion even in the case of rape or incest. Crazy. So crazy. Why would anyone want to deny abortion to such women? Is a fetus that is not viable outside the womb an excuse for inflicting more trauma on women already traumatized?

Why subject an already traumatised woman to the burden of knowing that she has killed her child?

Why sentence the child to death for the crime of its father?

Does killing the baby un-rape the woman?


We have at least one member here at CF who is the product of a rape. He is quite thankful that his mother didn't murder him.