Waiting for the shoe to drop.

[Ray Glenn]

The Supreme Court will release either 7 or 6 decisions today and complete the session with 6 or 7 tomorrow. 13 decisions left to be released. That means that the Roe vs Wade decision gets released before this weekend. If tradition holds firm, all Justices will be out of town by Friday at the latest.

The left is radically wrong in this situation. Roe V Wade does not get overturned. It gets handed to the states where it belongs. The states ignore the base of Roe v Wade anyway. Roe v Wade only covered the first trimester abortions. The states had control over the the number of weeks. Now it goes to the states where the killing can be done at whim. The court kills two birds with one stone. Never ending case after case on abortion coming to their court, clearing up the docket for more important cases. It also allows the Bible belt to restrict abortion at will.

But the left will riot and destroy more of their cities. Then blame everyone else for their pillaging. One item remains true .....in today's environment, maybe there will not be enough buses bringing out of town rioters to the event, due to the cost of gas. Prepare the marshmallows, maybe Schumer, Pelosi and others will bring a bag or two with them. Nancy bring s the ice cream.

 

[Arcangl86]

The Supreme Court will release either 7 or 6 decisions today and complete the session with 6 or 7 tomorrow. 13 decisions left to be released. That means that the Roe vs Wade decision gets released before this weekend. If tradition holds firm, all Justices will be out of town by Friday at the latest.

The left is radically wrong in this situation. Roe V Wade does not get overturned. It gets handed to the states where it belongs. The states ignore the base of Roe v Wade anyway. Roe v Wade only covered the first trimester abortions. The states had control over the the number of weeks. Now it goes to the states where the killing can be done at whim. The court kills two birds with one stone. Never ending case after case on abortion coming to their court, clearing up the docket for more important cases. It also allows the Bible belt to restrict abortion at will.

The draft of Dobbs says multiple times that Roe and Casey are overruled. And one thing it does not do is hand things to the states. It speaks, again multiple times, about returning the decision to the "people's elected representatives." That's not the same thing. If the draft is published as is, this would mean that the federal government could then ban abortion on the national level.

 

[Ray Glenn]

The draft of Dobbs says multiple times that Roe and Casey are overruled. And one thing it does not do is hand things to the states. It speaks, again multiple times, about returning the decision to the "people's elected representatives." That's not the same thing. If the draft is published as is, this would mean that the federal government could then ban abortion on the national level.

And where exactly does the leaked opinion state that Abortions are therefore illegal? It doesn't, it throws the decision over the fence to the individual state legislatures.

about returning the decision to the "people's elected representatives" That is each individual state legislature and not a Federal end to abortion.
Exactly as I stated. Back to the state where it belongs.

I see where we disagree. Abortion is not illegal. Roe v Wade is overturned. It goes back to states where their legislature determines what is right for that individual state.

 

[BobRyan]

If the draft is published as is, this would mean that the federal government could then ban abortion on the national level.

it does not stop future abuse of the overreach - it merely admits that a SCOTUS legislated law is not the way to do that overreach.

Hopefully they will one day get around to canceling a few other SCOTUS legislated laws about what marriage is for Christians etc.

 

[bèlla]

I would like to see a peaceful response no matter the verdict but I’m not holding my breath. This is another opportunity for some to release pent up anger and stress under the guise of protest and outrage.

 

[Arcangl86]

And where exactly does the leaked opinion state that Abortions are therefore illegal? It doesn't, it throws the decision over the fence to the individual state legislatures.

I never said that it said abortions are illegal. I said that it overturns Roe V Wade, which it does.

about returning the decision to the "people's elected representatives" That is each individual state legislature and not a Federal end to abortion.
Exactly as I stated. Back to the state where it belongs.

You keep saying it's the state legislature, but that's not what the draft opinion says. It just says "the people's elected representatives" which includes Congress. Of course the way our federal system works, the federal government can make something illegal across the country, but not make something legal. Alito is a very smart man. If he wanted to limit the power to decide abortion to the states, he would have said something like "legislature of the several states." But he didn't. It's obvious this opinion is setting the ground to defend a federal ban if it ever gets passed.

 

[Ray Glenn]

I never said that it said abortions are illegal. I said that it overturns Roe V Wade, which it does.
You keep saying it's the state legislature, but that's not what the draft opinion says. It just says "the people's elected representatives" which includes Congress. Of course the way our federal system works, the federal government can make something illegal across the country, but not make something legal. Alito is a very smart man. If he wanted to limit the power to decide abortion to the states, he would have said something like "legislature of the several states." But he didn't. It's obvious this opinion is setting the ground to defend a federal ban if it ever gets passed.

Representatives and Senators in Washington will not be the ones making the state law. The State legislatures will be making the laws for each individual state. This doesn't pass a congressional vote.

 

[Justin-H.S.]

Shema, O' Israel!

We just witnessed a miracle by the hand of GOD.

 

[JimR-OCDS]

Supreme Court overturns Roe v. Wade, ending 50 years of federal abortion rights (msn.com)

Supreme Court's Roe v. Wade decision: Read the Dobbs v. Jackson Women's Health ruling | Fox News

 

[Arcangl86]

Representatives and Senators in Washington will not be the ones making the state law. The State legislatures will be making the laws for each individual state. This doesn't pass a congressional vote.

And Congress can create a federal ban against abortion, the same way that Congress has created federal laws against discrimination but states are still allowed to create their own stricter law. Again the fact that he keeps talking about "the people's elected representatives" instead of saying the state legislators or something similar is to provide an opening for a federal ban, which has already been introduced.

 

[JimR-OCDS]

And Congress can create a federal ban against abortion, the same way that Congress has created federal laws against discrimination but states are still allowed to create their own stricter law. Again the fact that he keeps talking about "the people's elected representatives" instead of saying the state legislators or something similar is to provide an opening for a federal ban, which has already been introduced.

I believe for abortion to get into the US Constitution, they have to make it an
amendment, which would require the amendment to be ratified by 2/3rds of the
states. Correct me if I'm wrong.

 

[Arcangl86]

I believe for abortion to get into the US Constitution, they have to make it an
amendment, which would require the amendment to be ratified by 2/3rds of the
states. Correct me if I'm wrong.

You are right, but I never said anything about making it into the constitution. They can simply pass a law. It would probably be one of those things that would be repealed once the opposite party is in power, which could mean that abortion rights fluctuate back and forth every 4 years.

 

[JimR-OCDS]

You are right, but I never said anything about making it into the constitution. They can simply pass a law. It would probably be one of those things that would be repealed once the opposite party is in power, which could mean that abortion rights fluctuate back and forth every 4 years.

Making abortion a law, doesn't make it a right. Yes, it could become law, but even Biden said
today that he can not make an executive order legalizing abortion.

A right, means Congress can not make a law to overturn it. At least that's my understanding.

 

[Ray Glenn]

And Congress can create a federal ban against abortion, the same way that Congress has created federal laws against discrimination but states are still allowed to create their own stricter law. Again the fact that he keeps talking about "the people's elected representatives" instead of saying the state legislators or something similar is to provide an opening for a federal ban, which has already been introduced.

Based on the decision today. Congress cannot pass an abortion bill that will survive a Supreme Court decision. The state decide what abortion laws they will implement. The Representatives and Senators in Washington for those states will have no decision n the process. They are not the "elected representatives" the Supreme Court is talking about.

This will not evolve every four years. It will only get challenged when the physical make up of the Supreme Court changes.

I agree with what Jim-R stated ....Congress cannot pass a survivorable law. Only by an Amendment can a Federal Bill pass. Good luck with that battle.

 

[mark46]

Based on the decision today. Congress cannot pass an abortion bill that will survive a Supreme Court decision. .

Your analysis is incorrect.

If Republicans come to power in 2024, controlling the Senate and the House, an abortion bill is likely to become law.

Such a law might ban all abortions, with a couple of exceptions (the 2% we keep on talking about).

Such a law might forbid abortions after a certain week, with those same exceptions, and still allow states to have stricter laws.

If Democrats gain more complete power, an abortion bill that allows first term abortions, based on equal protection precedents instead the now defunct "right to privacy".
=========
SCOTUS made clear that legislatures (including the Congress) have the right to pass such laws. Roe was overturned by rejecting the right to privacy.

 

[Red Gold]

Waiting for the shoe to drop.

I know: "Waiting for the penny to drop."
Why is it the shoe here?