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The overturning of Roe v Wade

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Shrop

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The Constitution is silent on the specific topic of abortion. It does, however, in the Fourteenth Amendment guarantee a right to due process under the law. This is intended to prevent the government from enacting any law that results in an arbitrary denial of life, liberty, or property by the government outside the sanction of law.

In Roe v Wade the decision of the court was (simplified) that any law against abortion represented a reach of the government into the womb.

With respect to gun rights, it's probably instructive to quote the text itself (as it's so short):

The intent of the law is pretty clear, however the gun lobby have pushed the letter of the law as far as possible.


He has as much power as any US President ever does. The US congress has basically been gridlocked since the late 1990s. Neither side has been able to obtain both a working majority in the House and a super-majority in the Senate at the same time, so any legislation that makes it as far as a vote inevitably dies in one house or the other. If Machin and Sinema could be counted on to actually vote the party line then there might be a chance - though that would require either the filibuster rule to be suspended/revoked or they have to use budget reconciliation rules. The problem with the latter is that it can only be done once per Congress, so the GOP would love nothing more than to force the Democrats to use 'early' as that would kill any chance whatsoever of getting anything done past that point.
So altogether it's about the ability to twist the law to advantage. Just like Boris and Trump have succeeded doing, and which sums up my despair at the way these societies on both sides of the Atlantic operate. Right and wrong come second to this, it seems.
 
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Strathclyder

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That's just a convenient pretext. If abortion (and various other rights) had been legislated for instead, the court as it currently exists would find a reason to strike them down. This isn't about jurisprudence; it's about theocratic ideology. The former is just a smokescreen for the latter at this point.
A smokescreen the GOP and it's sycophantic supporters would have you believe doesn't exist, but is patently obvious to anyone with a modicum of common sense and two functioning brain-cells worth rubbing together.

The problem there is that the GOP have managed to stack the cards such that, with a minority of the vote, they are able to hold on to enough power to kill any legislation dead in its tracks.
Beat me to this. It's all well and good to propose such legistion over there, but what chance would it realistically have of becoming enshrined as the law of the land with the way the GOP have stacked things in their favour even with a minority of the overall vote? Silm to zilch, that's what.

That won't stop them trying, the alt-right are already over this.
Try and fail spectacularly, making utter arses of themselves and showing themselves up for who they really are in the process. A cold, comforting distraction from the horror show State-side if nothing else.

I still maintain that the US is a third world country, with a veneer of 1st-worldism and respectability projected by a few coastal states (and even then, arguably only some cities within those states). It's remarkable just how backwards this supposed world power can be at times
Given the way things have been going, and the precident this particular decision sets, I'd be inclined to agree.
 
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deltic

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That's just a convenient pretext. If abortion (and various other rights) had been legislated for instead, the court as it currently exists would find a reason to strike them down. This isn't about jurisprudence; it's about theocratic ideology. The former is just a smokescreen for the latter at this point.
Disagree completely, the judges have a particular absolutistic view of the Constitution. But it takes some amazing twisting of interpretation of it to come to the view that abortion is a Constitutional right.
 

TheEdge

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I still maintain that the US is a third world country, with a veneer of 1st-worldism and respectability projected by a few coastal states (and even then, arguably only some cities within those states). It's remarkable just how backwards this supposed world power can be at times

3rd world country in a Gucci belt.

So this week they've effectively banned abortion and loosened gun laws... *repeated head banging*
 

The Ham

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3rd world country in a Gucci belt.

So this week they've effectively banned abortion and loosened gun laws... *repeated head banging*

...and not the good sort of head banging (see Wayne's World).
 

dgl

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Bit of a "near the line" joke but now all you need to do if you don't want a kid is just send it to school in America!
They're pro-life unless the loss of life involves a gun, then it's fine.

Watch now as there is a massive brain drain from states that will restrict abrtions to ones that won't, why would any sane woman live in a state that treats women as a lower class, maybe a new suffragette movement is needed in America.
 

najaB

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But it takes some amazing twisting of interpretation of it to come to the view that abortion is a Constitutional right.
So it's a good thing that Roe v Wade didn't come to that conclusion.

The central tenet of Roe V Wade is that a ban on abortion stretches the hand of government into what is, essentially, a healthcare decision and so in violation of the 14th Amendment's due process clause. The easiest way to see this is that a ban on abortion is also a law requiring women to carry an unwanted pregnancy to term. That is clearly a violation of her right to liberty.
 

Gloster

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One thing it did do, or so I understand, is provide a massive boost to organised crime and help it to become entrenched.
 

windingroad

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Disagree completely, the judges have a particular absolutistic view of the Constitution. But it takes some amazing twisting of interpretation of it to come to the view that abortion is a Constitutional right.
The judges have that absolutist view precisely and exclusively because it provides them with political cover to roll back rights. This is the culmination of a long-term political project by the Christian nationalist right to install judges sympathetic to their view, which is a matter of fact, not opinion.

The legal reasoning is irrelevant because the ends justify the means to them. Why do you think several of these judges lied during their confirmation hearings and said they viewed Roe vs. Wade as settled law?
 

TheBigD

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As others have stated, it doesn't ban abortion, it returns the decision back to each individual state. Each state is free to set their own laws.
 

windingroad

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As others have stated, it doesn't ban abortion, it returns the decision back to each individual state. Each state is free to set their own laws.
You are extremely naive if you believe this is about state rights. This won't end until abortion is criminalised nationwide and the people pushing for this judgement have said as much repeatedly.
 

Cloud Strife

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The US is dressed up pretty damned well as a 1st world country, when not-insigificant parts of it wouldn't be out of place in a 3rd world one. The right-wing authoritarian imbeciles are hell-bent on dragging all of it down to that level and then some.

I wouldn't underestimate this comment. Some of the most hardcore pro-life, pro-Republican states are also some of the poorest and most badly governed. They have serious drug problems, they have gun problems, and it's painfully obvious that the abortion issue has been used to systematically defraud the people.
 

gabrielhj07

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You are extremely naive if you believe this is about state rights. This won't end until abortion is criminalised nationwide and the people pushing for this judgement have said as much repeatedly.
While this ruling presents such a risk, I'm not sure how certain we can be about abortion being criminalised across the US. California, for instance won't be outlawing it anytime soon.
 

TheBigD

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You are extremely naive if you believe this is about state rights. This won't end until abortion is criminalised nationwide and the people pushing for this judgement have said as much repeatedly.
Not naive, just a realist. I know that a shrill, emotional response to anything that the left doesnt like seems to be mandatory these days, but the reality is that democrat states will go one way, Republican states another way. Places like california will allow abortion up to birth, with places like Texas having limits on it.
 

Gloster

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While this ruling presents such a risk, I'm not sure how certain we can be about abortion being criminalised across the US. California, for instance won't be outlawing it anytime soon.
.

True. The west coast and parts of the north-east won’t, but what happens if it is pushed through as a nationwide ban? Some may say the constitution would prevent that, but the extremists have ‘God on their side’ and consider that that justifies going to any lengths to get what they want.
 

gabrielhj07

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what happens if it is pushed through as a nationwide ban?
Who's saying anything about such a ban? Obviously some would like that.

but the extremists have ‘God on their side’ and consider that that justifies going to any lengths to get what they want.
I would submit that both sides in this argument could, in their minds, justify going to any length to see their ends.
 
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brad465

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The US is dressed up pretty damned well as a 1st world country, when not-insigificant parts of it wouldn't be out of place in a 3rd world one. The right-wing authoritarian imbeciles are hell-bent on dragging all of it down to that level and then some.
I wouldn't underestimate this comment. Some of the most hardcore pro-life, pro-Republican states are also some of the poorest and most badly governed. They have serious drug problems, they have gun problems, and it's painfully obvious that the abortion issue has been used to systematically defraud the people.
This is among a long list of reasons why such a heavy focus on GDP is not a good way to measure success as a country. The US having the highest GDP in the world doesn't make anyone victim to abortion laws and gun crimes any happier, nor does it help the poorest in society or any other groups demonised as minorities for whatever reason. Then of course the country with the 2nd highest GDP in the world is one of the most authoritarian countries in the world and is also helping Russia get by while it ruins Ukraine.

I used to admire the US as a child for various reasons, but as I got older and more educated, coupled with the events of the last 6 years, I now couldn't loathe it anymore, only that I feel sorry for some of the genuine citizens who don't like the way the country is but are almost powerless to do anything about it. This is what some of the strongest neoliberalism in the world has contributed towards.
 

windingroad

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Who's saying anything about such a ban?
One of the most prominent Republicans in the country just proposed exactly that. Five years ago even this court judgement would've been unthinkable, and the Overton window has shifted very significantly since then. It's also looking very likely that Republicans will control every branch of government after the next election, so things will get worse before they get better.
 

AlterEgo

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That's just a convenient pretext. If abortion (and various other rights) had been legislated for instead, the court as it currently exists would find a reason to strike them down. This isn't about jurisprudence; it's about theocratic ideology. The former is just a smokescreen for the latter at this point.
Oh it very much is about jurisprudence. In the UK a handful of politically appointed law school graduates can’t strike down law in the way we have seen the Supreme Court in the USA do.

Disagree completely, the judges have a particular absolutistic view of the Constitution. But it takes some amazing twisting of interpretation of it to come to the view that abortion is a Constitutional right.
I would tend to agree. It does seem much more rational for the issue to be decided by the states themselves. Unfortunately, many of them take their lead from fundamental Christian theology, and I’m afraid in many of those states that also reflects the view of the electorate.

You are extremely naive if you believe this is about state rights. This won't end until abortion is criminalised nationwide and the people pushing for this judgement have said as much repeatedly.
Oh you’re right that it’s not what this is *about*, no, although I’m afraid I can’t find any flaw in the mere fact the SC has batted the issue back to states.
 

najaB

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I would tend to agree. It does seem much more rational for the issue to be decided by the states themselves.
Why? What makes it more rational to be decided by the States? What is rational about allowing women on one side of a line on a map control over their bodies and denying it to women on the other side of a line on a map?
Unfortunately, many of them take their lead from fundamental Christian theology, and I’m afraid in many of those states that also reflects the view of the electorate.
It represents the views of a minority of the electorate. Over 60% of Republican women think that Roe should have stood.
 

AlterEgo

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Why? What makes it more rational to be decided by the State? What is rational about allowing women on one side of a line on a map control over their bodies and denying to women on the other side of a line on a map?

Because the abortion debate is not as simple as merely “giving women control over their bodies” but a deeply intractable moral dilemma over which there can be no correct answer, regardless of our personal opinions.

It represents the views of a minority of the electorate. Over 60% of Republican women think that Roe should have stood.

I was careful to say “in many states”. In many states the repeal of Roe has been narrowly welcomed, and regrettably the electorate is not, and cannot be, considered to be exclusively women. The electorates of those states now have the chance to elect representatives who will, at a state level, ensure abortion rights. But the worry is, that will not happen, and unfortunately that is democracy. American opinions on abortion are complex and opinions vary about the moral implications of abortion at certain times and in certain circumstances. A minority of Americans think you should be able to abort in the second trimester, for example.
 

najaB

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Because the abortion debate is not as simple as merely “giving women control over their bodies” but a deeply intractable moral dilemma over which there can be no correct answer, regardless of our personal opinions.
Fundamentally, it is. As you say, rightly, there are moral questions over which there can be no correct answer - but a ban on abortion is predicted on one answer being right.

It takes the choice out of the woman's hands.
I was careful to say “in many states”. In many states the repeal of Roe has been narrowly welcomed, and regrettably the electorate is not, and cannot be, considered to be exclusively women.
No, it is not exclusively women. But given that women are the only ones directly impacted by a ban on abortion, the fact that it is widely unpopular with women shows how out of touch the GOP are on this.
 

AlterEgo

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Fundamentally, it is. As you say, rightly, there are moral questions over which there can be no correct answer - but a ban on abortion is predicted on one answer being right.

It takes the choice out of the woman's hands.
I agree and, technical arguments about the SCOTUS aside, I am as concerned about today’s development as you. I have always considered it a moral dilemma I have vacillated on for years, a decision therefore beyond my consent for any state to impose an answer, and best delegated to the woman at the centre of the problem.
 

DynamicSpirit

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That's just a convenient pretext. If abortion (and various other rights) had been legislated for instead, the court as it currently exists would find a reason to strike them down. This isn't about jurisprudence; it's about theocratic ideology. The former is just a smokescreen for the latter at this point.

Yet dozens of US States do explicitly allow abortion, and as far as I'm aware, the Supreme Court has not made any ruling to challenge that state of affairs, nor does there seem to be any serious attempt to do so. Indeed, part of the ruling appears to explicitly be based on the idea that it should be up to the politicians to decide what the laws on abortion should be, which implies respecting the rights of individual states to allow abortion:

"It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives. “The permissibility of abortion, and the limitations, upon it, are to be resolved like most important questions in our democracy: by citizens trying to persuade one another and then voting.” Casey, 505 U.S., at 979 (Scalia, J., concurring in judgment in part and dissenting in part). That is what the Constitution and the rule of law demand."

We have to be wary now for the emboldened to try and push for similar here.

This is just paranoia. There's practically no significant mainstream political support for ending abortion rights in the UK. Simply not going to happen.

I must admit to finding it increasingly hard to understand the way the USA works. Biden is in charge of the country, as democratically elected, he despairs of this new ruling, but is powerless to do anything about it. He also despairs of the gun laws, but is also powerless to do anything about it.

Welcome to Democracy and the idea of Separation of Powers! It's frustrating when the President can't do something that you want him to do, but that fact that he can't just do whatever he wants is one of the things that distinguishes democratic countries from dictatorships.
 
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