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The Constitution & The Judicial Branch Discuss Roe v. Wade is doomed at the Political Forums; Originally Posted by jamesrage Separate but equal went out the window because it was separate but it wasn't equal. Had ...

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Old 06-30-2018, 10:02 AM
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Default Re: Roe v. Wade is doomed

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Originally Posted by jamesrage View Post
Separate but equal went out the window because it was separate but it wasn't equal. Had the schools and educational facilities been equal then Brown v. Board of Education would have went the other way.
That's not the way I understand B vs B of E.

The ruling established that Separate but Equal could never be equal.

It did not address whether or not in fact the schools themselves were equal.
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Old 06-30-2018, 10:09 AM
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Default Re: Roe v. Wade is doomed

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Originally Posted by mr wonder View Post
So you're saying that the CONTENT of the previous ruling was bad so it was OK to OVERTURN the previous ruling.
OK, yes, the same here.
Bottom line, the court can overrule previous rulings.
True yes, But the SCOTUUS just doesn't like to do it.
And I cannot recall where they did so easily.

Separate but equal took years of pecking at it to overturn.

Dredd Scott took a civil war
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Old 06-30-2018, 11:03 AM
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Default Re: Roe v. Wade is doomed

The real concern from abortion absolutists is the SCOTUS states can individually outlaw abortion in whole or in part, such as late term. The idea that a royal decree of the SCOTUS can be modified to allow the unwashed masses a say in the matter is horrifying to Democrats.
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Old 06-30-2018, 11:17 AM
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Default Re: Roe v. Wade is doomed

Lib fear-mongering. Nothin' is happenin' to Roe vs Wade.
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Old 06-30-2018, 12:15 PM
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Default Re: Roe v. Wade is doomed

To clarify...

The Supreme Court has overruled itself, but it MUST be done through a present case before them...

They CAN'T just, willy-nilly, say "Remember that case a few decades ago? We're reversing it!"...

A case has to come up through the system challenging the old ruling, and then (if the court wants) accepts the challenge and hears fresh arguments...

And as a side note, I'm sick of the bullsh*t argument of "settled law"...NOTHING is settled law...We've had 200+ years of laws that have been turned on their a$$ just in the last couple of years...

AND...

If you ever want a Lefty to start frothing at the mouth about "settled law", just mention "Citizens United" and watch the veins in their forehead explode...
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Old 06-30-2018, 03:49 PM
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Default Re: Roe v. Wade is doomed

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Originally Posted by cnredd View Post
To clarify...

The Supreme Court has overruled itself, but it MUST be done through a present case before them...

They CAN'T just, willy-nilly, say "Remember that case a few decades ago? We're reversing it!"...

A case has to come up through the system challenging the old ruling, and then (if the court wants) accepts the challenge and hears fresh arguments...

And as a side note, I'm sick of the bullsh*t argument of "settled law"...NOTHING is settled law...We've had 200+ years of laws that have been turned on their a$$ just in the last couple of years...

AND...

If you ever want a Lefty to start frothing at the mouth about "settled law", just mention "Citizens United" and watch the veins in their forehead explode...
"Settled Law" is a solid as "Settled Science" Both represent only the contemporary belief of what is right and true.
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Old 06-30-2018, 05:59 PM
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Default Re: Roe v. Wade is doomed

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Originally Posted by mr wonder View Post
They do.
https://en.wikipedia.org/wiki/List_o...ourt_decisions

especially since Roe v Wade has been acknowledged by many as a piss poor "legal" decision on many grounds.
-Bad/flase "scientific" evidence. (concerning when "life begins" etc.)
-false/lack of evidence of circumstances. "Roe" admitted she basically lied link
-piss poor legal precedence, or legal foundation for the "constitutional right".
"What is frightening about Roe," noted the eminent constitutional scholar and Yale law professor John Hart Ely (who personally supported legalized abortion), "is that this super-protected right is not inferable from the language of the Constitution, the framers' thinking respecting the specific problem in issue, any general value derivable from the provisions they included, or the nation's governmental structure. … It is bad because it is bad constitutional law, or rather because it is not constitutional law and gives almost no sense of an obligation to try to be."
Indeed, "[a]s a matter of constitutional interpretation and judicial method," writes Edward Lazarus, a former Blackmun clerk who is "utterly committed" to legalized abortion, "Roe borders on the indefensible. ... Justice Blackmun's opinion provides essentially no reasoning in support of its holding. And in the … years since Roe's announcement, no one has produced a convincing defense of Roe on its own terms."
Also from your link RvW doesn't put forth [abortion] as a right but 'asserted that the "right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the district court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy."'

So from a strictly constitutional standpoint, I don't know how any new court would get around that.
It will imho be watered down to a state's vs individual's rights decision and the law will be open to be fought again in the future, if shown to be significantly intrusive.
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Old 07-01-2018, 01:18 AM
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Default Re: Roe v. Wade is doomed

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Originally Posted by FrancSevin View Post
"Settled Law" is a solid as "Settled Science" Both represent only the contemporary belief of what is right and true.
Pluto being a planet was "Settled Science" for over 70 years...
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Old 07-01-2018, 09:54 AM
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Default Re: Roe v. Wade is doomed

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Originally Posted by saltwn View Post
Also from your link RvW doesn't put forth [abortion] as a right but 'asserted that the "right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the district court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy."'

So from a strictly constitutional standpoint, I don't know how any new court would get around that.
It will imho be watered down to a state's vs individual's rights decision and the law will be open to be fought again in the future, if shown to be significantly intrusive.
How would a future court overcome Roe v Wade? The defacto unfettered so-called right to abortion is built on the right to privacy literally conjured up from the Constitutional "penumbra" discovered in Griswold versus Connecticut.

Quote:
Although the Bill of Rights does not explicitly mention "privacy", Justice William O. Douglas wrote for the majority that the right was to be found in the "penumbras" and "emanations" of other constitutional protections
https://en.m.wikipedia.org/wiki/Griswold_v._Connecticut

Even abortion advocates recognize the lunacy of judges peering into the penumbra, gaseous emissions from a star, to discover new rights. That's why it has to be masked by citing concurring opinions. We ought to have privacy protections but judges acting as ancient oracles is something never remotely contemplated in the Constitution. Without the phony right to privacy Roe v Wade collapses.
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Old 07-01-2018, 10:22 AM
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Default Re: Roe v. Wade is doomed

I find it hilarious that the left is all in a panic about Roe v Wade concerning a new SCOTUS appointment. Or maybe it isn't a panic and is more a media driven leftist agenda. The OP seems to be in a panic because the media said so.

Will the media next tell the left to be scared that Loving v Virginia is on the chopping block?

I once saw this movie called "Idiocracy".......
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