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Thread: Eight Reasons to Overturn Roe v. Wade

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    Eight Reasons to Overturn Roe v. Wade

    Here are Eight Reasons to Overturn Roe v. Wade. I will highlight only two which I think are key.

    ...This essay expands on some of the arguments enunciated by Mississippi and offers additional rationales for the overturning of Roe. The dominant theme herein is not merely “constitutional” in the sense of case law, but “constitutional” in the sense of the basic premises and practices of American government and common public life.

    There are at least eight reasons to overturn Roe v. Wade.

    First, there is the sharpest dichotomy, both in the facts and in the law, between what the Supreme Court thinks abortion is and what the state governments think. There is no comparable example in American jurisprudence.

    ...Second, not only does the Supreme Court regularly overturn prior precedents, it has established rules for doing so.

    ...Third, the Roe precedent has already been overturned—by the Court.

    ...Casey’s change in the law of abortion is based on the Court’s own admission in Roe that it did not know where the abortion right came from: “The Constitution does not explicitly mention any right of privacy.” Continuing its admission, the Roe Court said that it did not know “whether” “the right of privacy” is “founded” in the 9th or 14th Amendments. Regardless, it is “broad enough” to “encompass” the decision of a woman “whether or not to terminate her pregnancy.” In Casey, the unusual three-person opinion for the Court opinion jointly authored by Republican appointees Kennedy, Sandra Day O’Connor, and David Souter, held that “the controlling word in this case is liberty.”

    ...Fourth, the basic requirement of standing in court is itself a proof that abortion is not a fit subject for adjudication.

    ...Fifth, the Court has explicitly stated that Roe is of the same society-changing status in American jurisprudence as Brown v. Board of Education.

    ...Sixth, In Roe, the Court invented a constitutional right for women only. There is no comparison to any other legal, statutory, or constitutional right.

    ...In its case now in the Supreme Court, Mississippi rightly concedes that the Constitution has “aspects of privacy.” However, in their texts and proper first inferences, the Constitution and the Bill of Rights are concerned with negative individual rights: “no person.” There is no mention or concept of “private” rights. The rights of “life, liberty, and property” are public rights that cannot be denied by government. Federal civil rights laws have now extended those prohibitions to certain private institutions, for example, employers. But such rights, including the property rights of the 5th and 14th Amendments are public and tangible. They can be seen and touched and publicly experienced. The reserved rights and powers of the 9th and 10th Amendments are public— arising out of common human experience and which can be claimed by anyone. The privileges and immunities” of Article IV and the 14th Amendment by their terms concern “citizens” and have always been regarded as some kind of general national right, to travel freely, for instance, and were rendered close to a dead letter by the famous Slaughterhouse Cases (1873). Litigation of “rights” has been based on the Due Process and Equal Protection Clauses ever since.

    In its abortion decisions, the Supreme Court has created the new concept of positive, private, personal, and autonomous rights. What is more, a right for women alone is a class right.

    Seventh, the Supreme Court has used Roe to cancel parents’ legal authority over their minor daughters and instituted Constitution-based sexual liberty for teenagers.

    ...Eighth, as provided by the Constitution, abortion must be returned to the states, that is, to the people....
    Tradition is not the worship of ashes, but the preservation of fire. ― Gustav Mahler

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    ​This is the primary reason…..

    Eighth, as provided by the Constitution, abortion must be returned to the states, that is, to the people....
    When the people find that they can vote themselves money, that will herald the end of the republic.“ - Benjamin Franklin.


    “When people get used to preferential treatment equal treatment seems like discrimination.” - Thomas Sowell

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    Get ready to expect more peaceful rioting and looting in Demo $#@!holes.
    History does not long Entrust the care of Freedom, to the Weak or Timid!!!!! Dwight D. Eisenhower ~

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    Quote Originally Posted by Tahuyaman View Post
    ​This is the primary reason…..

    Eighth, as provided by the Constitution, abortion must be returned to the states, that is, to the people....
    I think that will be the result if the court goes beyond Robert's desire for narrow rulings.
    Tradition is not the worship of ashes, but the preservation of fire. ― Gustav Mahler

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    Since Roe vs Wade some things have changed

    Physical Health - no change. Self defense.

    Mental Health - This would certainly be the most complicated exception.

    Financial Burdens -
    This is where abortion becomes a matter of convenience. Today, there are a great number of financial supports. This would also be minimized by a personhood decision of 6,12,15, 20 weeks... that the states could make.

    Social Stigma - no longer exists.

    So the privacy issue is really not present anymore. In world where you have to tell your employer if you got vaccinated, you would still not need to tell your employer that you had an abortion.
    Let's go Brandon !!!

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    Quote Originally Posted by carolina73 View Post
    Since Roe vs Wade some things have changed

    Physical Health - no change. Self defense.

    Mental Health - This would certainly be the most complicated exception.

    Financial Burdens -
    This is where abortion becomes a matter of convenience. Today, there are a great number of financial supports. This would also be minimized by a personhood decision of 6,12,15, 20 weeks... that the states could make.


    Social Stigma - no longer exists.

    So the privacy issue is really not present anymore. In world where you have to tell your employer if you got vaccinated, you would still not need to tell your employer that you had an abortion.



    The question arises if this becomes a States Rights issue would getting an abortion out of State be an unreasonable burden?

    A recent left media article on the Texas Law tried to make this claim, including wild stories about women driving in the middle of the night as if in a panic over the law. That makes no sense of course since you can get an abortion in many places near full term. So if money is the issue can't the abortion fanatics cover it like transportation and medical costs? And since the left consider abortion women's health easy enough to be covered by some insurance and employment absence for a short time.

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    Quote Originally Posted by RMNIXON View Post
    The question arises if this becomes a States Rights issue would getting an abortion out of State be an unreasonable burden?

    A recent left media article on the Texas Law tried to make this claim, including wild stories about women driving in the middle of the night as if in a panic over the law. That makes no sense of course since you can get an abortion in many places near full term. So if money is the issue can't the abortion fanatics cover it like transportation and medical costs? And since the left consider abortion women's health easy enough to be covered by some insurance and employment absence for a short time.
    To much of a burden to end the life of another person?
    To much of a burden vs 9 months of pregnancy?

    I think that would be a hard sell.
    Let's go Brandon !!!

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    The Court wrote in Casey: “An undue burden exists, and therefore a provision of law is invalid, if its purpose or effect is to place a substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability.” *

    So now what does "substantial" mean?


    * https://reproductiverights.org/wp-co...62018-Edit.pdf
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    Criminal Law shows the way. If a gunman shoots a woman that is pregnant with a 15wk baby. And he kills her and the baby. It goes down as 2 counts of Murder. Also if the Doctor does something wrong and the woman loses her baby at 15wk. The Doctor will be held responsible.


    According to ADF there are 80 friends on the Pro choice side that filed Amicus Briefs.


    There is nothing in the Constitution about Abortion. Plus the left's own Constitutional Scholars know that Rode vs Wade is UnConstitutional.
    History does not long Entrust the care of Freedom, to the Weak or Timid!!!!! Dwight D. Eisenhower ~

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    Quote Originally Posted by Tahuyaman View Post
    ​This is the primary reason…..
    Eighth, as provided by the Constitution, abortion must be returned to the states, that is, to the people....
    Well in every state, and in federal law too, murder is a high crime, so its neither here nor there.

    Abortion needs to be recognized for what it is: Murder.
    DNA science proves that the baby is not just a part of the woman's body, but instead the baby is an independent different person, and that makes abortion MURDER.



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