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Thread: Alabama Legislature Passes Major Pro-Life Bill, Banning Almost All Abortions.....

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    From the former Blackmun Clerk. Edward Lazarus.



    Why Roe, As Constitutional Interpretation, is Virtually Impossible to Defend


    What, exactly, is the problem with Roe? The problem, I believe, is that it has little connection to the Constitutional right it purportedly interpreted. A constitutional right to privacy broad enough to include abortion has no meaningful foundation in constitutional text, history, or precedent - at least, it does not if those sources are fairly described and reasonably faithfully followed.


    Before Roe, the right to contraception established in Griswold v. Connecticutand Eisenstadt v. Baird was a concept that was already barely hanging onto the high ledge of defensible constitutional thinking. In Roe, the Court added a 500 lb. lead weight. And the Court's been looking up at the ledge ever since.


    Instead, as conservatives now scurry to do with Bush v. Gore, the friends of Roe seek to find other constitutional bases to defend its outcome. Might Roe be a stealth equal protection case - really relating not to the right of privacy, but instead to women's equality? Perhaps, but to say so amounts to a concession that the decision itself, as written, is unsustainable.....snip~


    https://supreme.findlaw.com/legal-co...ined-them.html
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    Quote Originally Posted by gamewell45 View Post
    If I were the democrats in Alabama, I wouldn't challenge the law, instead let it stand. With most all abortions gone, there will be more babies dumped into the state's care and that means more tax dollars to care for the newborns until they are 18 years of age. Every year the number of children under the care of the state will increase as will the tax dollars needed and the legislators will realize they made a huge error in judgement in passing this legislation.
    Are you saying that a large number of people can't figure out methods of birth control beyond abortion?

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    Quote Originally Posted by Standing Wolf View Post
    Should this (apparently soon-to-be) law be the one that goes before the Supreme Court, it might be of interest to the taxpaying citizens of Alabama to know exactly how much it cost them to get it there. Perhaps many of them might then want to take it out of those legislators' hides come next election time, as it will have proved to be a complete flush of their money.

    If there were currently nine "conservative" judges on the high court, this law or any similar law would still be overturned on Constitutional grounds. Roe v. Wade was decided on the firmest of legal foundations, as anyone with a modicum of legal training and who has actually taken the time to read the full decision can attest; all the partisan rhetoric and legerdemain in the world cannot undo nor obscure that simple fact.
    Roe v Wade has absolutely no Constitutional foundation at all.

    In fact, it violates the Fifth Amendment
    Freedom Requires Obstinance.

    We the People DID NOT vote in a majority Rodent Congress, they stole it via election fraud.

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    Quote Originally Posted by Tahuyaman View Post
    Are you saying that a large number of people can't figure out methods of birth control beyond abortion?
    They do vote for Democrats.
    Freedom Requires Obstinance.

    We the People DID NOT vote in a majority Rodent Congress, they stole it via election fraud.

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    Below are criticisms of Roe from other supporters of legal abortion.


    One of the most curious things about Roe is that, behind its own verbal smokescreen, the substantive judgment on which it rests is nowhere to be found.” Laurence H. Tribe, Harvard law professor


    The failure to confront the issue in principled terms leaves the opinion to read like a set of hospital rules and regulations. … Neither historian, nor layman, nor lawyer will be persuaded that all the prescriptions of Justice Blackmun are part of the Constitution.”Archibald Cox, Harvard law professor, former U.S. Solicitor General


    [I]“t is time to admit in public that, as an example of the practice of constitutional opinion writing, Roe is a serious disappointment. You will be hard-pressed to find a constitutional law professor, even among those who support the idea of constitutional protection for the right to choose, who will embrace the opinion itself rather than the result. This is not surprising. As a constitutional argument, Roe is barely coherent. The court pulled its fundamental right to choose more or less from the constitutional ether.”Kermit Roosevelt, University of Pennsylvania law professor


    “Roe, I believe, would have been more acceptable as a judicial decision if it had not gone beyond a ruling on the extreme statute before the Court. … Heavy-handed judicial intervention was difficult to justify and appears to have provoked, not resolved, conflict.” Ruth Bader Ginsburg, Associate Justice of the U.S. Supreme Court


    In the Court’s first confrontation with the abortion issue, it laid down a set of rules for legislatures to follow. The Court decided too many issues too quickly. The Court should have allowed the democratic processes of the states to adapt and to generate sensible solutions that might not occur to a set of judges.”Cass Sunstein, University of Chicago law professor


    “Judges have no special competence, qualifications, or mandate to decide between equally compelling moral claims (as in the abortion controversy). … [C]lear governing constitutional principles … are not present [in Roe].”Alan Dershowitz, Harvard law professor


    “[O]verturning [Roe] would be the best thing that could happen to the federal judiciary. … Thirty years after Roe, the finest constitutional minds in the country still have not been able to produce a constitutional justification for striking down restrictions on early-term abortions that is substantially more convincing than Justice Harry Blackmun’s famously artless opinion itself.”Jeffrey Rosen, legal commentator, George Washington University law professor


    “Blackmun’s [Supreme Court] papers vindicate every indictment of Roe: invention, overreach, arbitrariness, textual indifference.”William Saletan, Slate columnist, writing in Legal Affairs


    “Although I am pro-choice, I was taught in law school, and still believe, that Roe v. Wade is a muddle of bad reasoning and an authentic example of judicial overreaching.” Michael Kinsley, columnist, writing in the Washington Post.....snip~


    https://www.lifenews.com/2012/12/20/...ible-decision/
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    Two things will come from this new law which does not include rape and incest as exceptions.
    Rapists who father children will be filing for and probably receive visitation rights. No provision appears to be in place for those rapists to pay any kind of child support so the mother(s) will probably be applying for and receive welfare and medicaid to support those unwanted babies.
    And because incest is not an exception the Alabamans can happily and freely continue their line of inbreeds.
    Adoption of any baby from Alabama would and should not be an option.
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    Every month a woman must try to conceive and no man shall beat off, sex shall not be spent unless for procreation, so saith the religious right and Kavanaugh, hopefully all here abide by the law and allow thy seed to prosper and live.

    "Abolition of a woman's right to abortion, when and if she wants it, amounts to compulsory maternity: a form of rape by the State." Edward Abbey


    Let me repeat: Abortion is the hypocrite's crutch, a child dies every few seconds in the world and even in America of preventable healthcare issues and never ever do you hear abortion foes talk of helping the living born conscious human being. It is only this moral outrage over abortion that gets notice for it requires nothing of the moralist except judgment and condemnation of the other. Consider too the misogyny and racism so evident in America during the last President and 2016 election and you must wonder why this love of children does not extend into love of all people? How hard it is to to fund help for the needy in America, CHIP was an example, or universal healthcare, and you soon realize abortion like guns is only a wedge issue used to manage the mind of the easily persuaded. Religion, and especially evangelical religion in America has come to be about political power and money and no longer has anything to do with morality, you know simply doing good for your neighbor.

    "Diarrhoea is a leading killer of children, accounting for 9 per cent of all deaths among children under age 5 worldwide in 2015. This translates to over 1,400 young children dying each day, or about 526,000 children a year, despite the availability of simple effective treatment."

    https://data.unicef.org/topic/child-...hoeal-disease/

    http://harpers.org/archive/1987/10/w...-nurses-story/
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    Quote Originally Posted by midcan5 View Post
    Every month a woman must try to conceive and no man shall beat off, sex shall not be spent unless for procreation, so saith the religious right and Kavanaugh, hopefully all here abide by the law and allow thy seed to prosper and live.

    "Abolition of a woman's right to abortion, when and if she wants it, amounts to compulsory maternity: a form of rape by the State." Edward Abbey


    Let me repeat: Abortion is the hypocrite's crutch, a child dies every few seconds in the world and even in America of preventable healthcare issues and never ever do you hear abortion foes talk of helping the living born conscious human being. It is only this moral outrage over abortion that gets notice for it requires nothing of the moralist except judgment and condemnation of the other. Consider too the misogyny and racism so evident in America during the last President and 2016 election and you must wonder why this love of children does not extend into love of all people? How hard it is to to fund help for the needy in America, CHIP was an example, or universal healthcare, and you soon realize abortion like guns is only a wedge issue used to manage the mind of the easily persuaded. Religion, and especially evangelical religion in America has come to be about political power and money and no longer has anything to do with morality, you know simply doing good for your neighbor.

    "Diarrhoea is a leading killer of children, accounting for 9 per cent of all deaths among children under age 5 worldwide in 2015. This translates to over 1,400 young children dying each day, or about 526,000 children a year, despite the availability of simple effective treatment."

    https://data.unicef.org/topic/child-...hoeal-disease/

    http://harpers.org/archive/1987/10/w...-nurses-story/
    Sometimes all you can do is shake your head.

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    Quote Originally Posted by BenjaminO View Post
    Two things will come from this new law which does not include rape and incest as exceptions.
    Rapists who father children will be filing for and probably receive visitation rights. No provision appears to be in place for those rapists to pay any kind of child support so the mother(s) will probably be applying for and receive welfare and medicaid to support those unwanted babies.
    And because incest is not an exception the Alabamans can happily and freely continue their line of inbreeds.
    Adoption of any baby from Alabama would and should not be an option.



    Supporters had argued that exceptions would weaken their hope of creating a vehicle to challenge Roe. Collins said that the law isn’t meant to be a long-term measure and that lawmakers could add a rape exception if states regain control of abortion access.....snip~


    https://www.apnews.com/fbae135281e64818946f72cfdb199dcb


    Thanks for the uhm uh, well, assuming about State Laws.
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    Quote Originally Posted by Tahuyaman View Post
    Are you saying that a large number of people can't figure out methods of birth control beyond abortion?
    Not sure on the numbers, but it stands to reason that many either do not know or don't care based on the number of abortions in this country each year.
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