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The Constitution & The Judicial Branch Discuss Roe v. Wade is doomed at the Political Forums; The Title should make mr wonder happy though I'm not sure I agree it's a slam dunk just yet. This ...

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Old 06-29-2018, 11:56 PM
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Default Roe v. Wade is doomed

The Title should make mr wonder happy though I'm not sure I agree it's a slam dunk just yet.
This video discusses Trump's short list for replacements for Justice Kennedy.
I think even conservatives on this forum will find the short discussion interesting.

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Old 06-30-2018, 03:51 AM
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Default Re: Roe v. Wade is doomed

I am not sure judges can overturn previous supreme court rulings. So I have to wonder how much of this is just trying to scare up the abortionists into voting democrat during the midterms. Have there been overturned supreme court rulings?
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Old 06-30-2018, 08:47 AM
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Default Re: Roe v. Wade is doomed

Quote:
Originally Posted by jamesrage View Post
I am not sure judges can overturn previous supreme court rulings. So I have to wonder how much of this is just trying to scare up the abortionists into voting democrat during the midterms. Have there been overturned supreme court rulings?
Agreed.

Last week Democrats were upset about separating children from their law breaking parents.

Today they are worried about losing the right to just kill them.

Go figure.
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Old 06-30-2018, 08:49 AM
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Default Re: Roe v. Wade is doomed

Quote:
Originally Posted by jamesrage View Post
I am not sure judges can overturn previous supreme court rulings. So I have to wonder how much of this is just trying to scare up the abortionists into voting democrat during the midterms. Have there been overturned supreme court rulings?
Yes, so this possibility is a major concern to those who believe in a woman's right to self determination. Back alley, septic abortions have mostly become a thing of the past, but those who worship a group of dividing cells don't care about women.
https://en.wikipedia.org/wiki/List_o...ourt_decisions
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Old 06-30-2018, 09:20 AM
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Default Re: Roe v. Wade is doomed

Quote:
Originally Posted by jamesrage View Post
I am not sure judges can overturn previous supreme court rulings.
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."
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Old 06-30-2018, 09:32 AM
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Default Re: Roe v. Wade is doomed

Quote:
Originally Posted by jamesrage View Post
I am not sure judges can overturn previous supreme court rulings. So I have to wonder how much of this is just trying to scare up the abortionists into voting democrat during the midterms. Have there been overturned supreme court rulings?
The SCOTUS regularly overturns previous rulings. One of the reasons 'separate but equal' went out the window.
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Old 06-30-2018, 09:33 AM
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Default Re: Roe v. Wade is doomed

RvW is not doomed. And no judges cannot overturn SCOTUS rulings.

RvW can be revisited. Judges may rule on newly proposed laws, but in the end RvW stands until SCOTUS rules otherwise.

I too believe that this is just a LW stab at ginning up a few possible votes from the party with nothing to campaign on.
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Old 06-30-2018, 09:42 AM
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Default Re: Roe v. Wade is doomed

Concerning the lives of mothers being more at risk from back alley abortions, the historical data from countries that have change the laws show that there is NOT a corresponding increase in maternal deaths.
but that maternal health has more to do with educations and sanitation rather than illegal abortions.

Quote:
Abstract
Background
The aim of this study was to assess the main factors related to maternal mortality reduction (MMR) in large time series available in Chile in context of the United Nations' Millennium Development Goals (MDGs).

Methods
Time series of maternal mortality ratio (MMR) from official data (National Institute of Statistics, 1957–2007) along with parallel time series of education years, income per capita, fertility rate (TFR), birth order, clean water, sanitary sewer, and delivery by skilled attendants were analysed using autoregressive models (ARIMA). Historical changes on the mortality trend including the effect of different educational and maternal health policies implemented in 1965, and legislation that prohibited abortion in 1989 were assessed utilizing segmented regression techniques.

Results
During the 50-year study period, the MMR decreased from 293.7 to 18.2/100,000 live births, a decrease of 93.8%. Women's education level modulated the effects of TFR, birth order, delivery by skilled attendants, clean water, and sanitary sewer access. In the fully adjusted model, for every additional year of maternal education there was a corresponding decrease in the MMR of 29.3/100,000 live births. A rapid phase of decline between 1965 and 1981 (−13.29/100,000 live births each year) and a slow phase between 1981 and 2007 (−1.59/100,000 live births each year) were identified. After abortion was prohibited, the MMR decreased from 41.3 to 12.7 per 100,000 live births (−69.2%). The slope of the MMR did not appear to be altered by the change in abortion law.

Conclusion
Increasing education level appears to favourably impact the downward trend in the MMR, modulating other key factors such as access and utilization of maternal health facilities, changes in women's reproductive behaviour and improvements of the sanitary system. Consequently, different MDGs can act synergistically to improve maternal health. The reduction in the MMR is not related to the legal status of abortion.

Women's Education Level, Maternal Health Facilities, Abortion Legislation and Maternal Deaths: A Natural Experiment in Chile from 1957 to 2007
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Old 06-30-2018, 09:43 AM
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Default Re: Roe v. Wade is doomed

Quote:
Originally Posted by loboloco View Post
The SCOTUS regularly overturns previous rulings. One of the reasons 'separate but equal' went out the window.
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.
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Old 06-30-2018, 09:46 AM
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Default Re: Roe v. Wade is doomed

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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.
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.
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