Abortion-Keep Legal, Yes or No?
Comments
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Lerxst1992 said:The fragility of our democracy is an excellent point, but it has more to do with how one man tore thru many accepted norms that served as guardrails for our democracy and perhaps broke this country for his own personal gain. Many argue that SCOTUS is in fact less political now than it was during its earlier decades (see wapo article for support).
When one man says “either I win or it’s rigged” and 42% of the country believes his words over everyone else they know, they are literally telling us they do not believe in democracy. It goes much further. They isolate themselves in social circles. If folks are friends from opposing political viewpoints, the R will typically have zero interest in the views of the D, because, “it’s not appropriate to talk politics.” Take a peek at Reddit and see how many of the top forums include conservatives willing to have an open discussion about the direction of our country.
Most appealing is Perhaps 25% of Americans are willing to use violence to enforce trumps words over the rule of law is closer to the reason why our democracy is so fragile. If a few percent of us in swing states are outraged by the court and the damage the right has done to our democracy, we can easily change the structure of the Court by picking up just two senate seats next year and holding the House. Since our elections usually turn into nonsensical arguments that have little to do about the true direction of our country, that is not likely to happen.We are the first democracy and perhaps have always been the weakest one. It is very difficult to get things right on the first try, and our constitution was a last minute Hail Mary to appease the slave owning states . What we are left with is a document that is nearly impossible to change, and one that nearly 250 years later, still does what it intended to do at inception, give the slave owning states outsized electoral power in federal matters.The ability or possibility of overturning Roe v. Wade would be impossible in Canada because we have a common law system. Judgements set the precedent (usually based on an existing statute) therefore once a decision is made it is binding forever. No judge on the Supreme Court can overrule a previous ruling.0 -
1ThoughtKnown said:I believe the Athenian democracy in the fifth century BCE was first. Having said that, I agree with your post and it ties back into my original post in that the Republicans have been chipping away at the strong democracy you once had for the past 41 years. The over-politicizing of the Supreme Court is another example as is using the shadow docket to eliminate discussion on important social issues.The ability or possibility of overturning Roe v. Wade would be impossible in Canada because we have a common law system. Judgements set the precedent (usually based on an existing statute) therefore once a decision is made it is binding forever. No judge on the Supreme Court can overrule a previous ruling.
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curmudgeoness said:Judges are recommended by politically-motivated groups (e.g. the Federalist Society). But judges who take their roles seriously, those who aren't political hacks, will, as @mrussel1 notes, be operating from a philosophical, not political, perspective. Last year, many people were surprised when Gorsuch sided with the more liberal justices in a 6-3 ruling that the Civil Rights Act of 1964 protects LGBTQ employees; in fact, he wrote the opinion. From a conservative -- not Republican -- perspective, this was the correct ruling, regardless of how Gorsuch himself feels about LGBTQ individuals. (I have no idea what his personal feelings are.)Just a few weeks ago, Justice Barrett denied Indiana University students' demand for review of the school's vaccine mandate. Again, if the judge is working from a philosophical, not political, perspective, this move is not surprising. This doesn't change how I feel about the justice's nomination and confirmation.Our last president did not understand how legitimate judges operate (given the motley crew of "lawyers" who work for/with him, this isn't surprising). He thought they would feel beholden to him, and would act as his personal advocates or employees.
The legislative and executive branch is elected to make the laws of the country. The Judicial branch is appointed to interpret those laws and determine if they are if fact constitutional should a legal fight be required to get that far. In a republic, once the courts are owned what is left to keep the government in check?Anyway, I am not an American and therefore usually stay out of these discussions: it is not my country. I feel for the women of the US who once again have to deal with old white religious men telling them what to do with their bodies. Behind it all, it is the continuing class and race warfare Republicans continue to fight to ensure they retain political power.My country isn’t perfect, but the abortion issue has been long laid to rest. Conservatives in Canada won’t touch the issue because they know it is political suicide in our mostly secular society.0 -
1ThoughtKnown said:These are two examples. Some like Justice Roberts do take their job seriously and do not make decisions based entirely on ideology. But I stand by my opinion that the Supreme Court cannot be politicized or otherwise “stacked” with an ideological slant.
The legislative and executive branch is elected to make the laws of the country. The Judicial branch is appointed to interpret those laws and determine if they are if fact constitutional should a legal fight be required to get that far. In a republic, once the courts are owned what is left to keep the government in check?Anyway, I am not an American and therefore usually stay out of these discussions: it is not my country. I feel for the women of the US who once again have to deal with old white religious men telling them what to do with their bodies. Behind it all, it is the continuing class and race warfare Republicans continue to fight to ensure they retain political power.My country isn’t perfect, but the abortion issue has been long laid to rest. Conservatives in Canada won’t touch the issue because they know it is political suicide in our mostly secular society.Yes, I've been impressed with CJ Roberts. He takes his role and the institution seriously.The court ought not to be politicized, but just this morning I was reading an editorial, I think from WaPo, about how stacking the federal judiciary with conservative judges has been a key objective of Republican politicians and an important part of their messaging to motivate their voters. Overturning Roe v Wade is what they dangle in front of voters. So I think we generally agree, but I see the process of choosing the judges as being more politicized than the judges themselves are.And you do ask an important question: if the courts are owned, who will keep the government in check? The last president hoped to do just that -- claim ownership of the judges, so he could rule unchecked. Whether it is out of self-regard or respect for the institutions and norms that have guided us thus far, I think very few judges would like to be seen as "owned" by another branch of government.Many people here who are dismayed by the Texas decision (such as it is) remain adamantly opposed to political court-packing. I am, too, but more because I see it leading to never-ending escalation than anything else. As Rick Wilson says, Democrats tend to bring a soup ladle to a gun fight: Mitch McConnell had no qualms about fabricating and discarding norms to suit his ends, should Democrats react in kind and dirty themselves in the process, or should they take the high road, respecting norms and doing the right thing even though it leaves them at a disadvantage? I don't know which option is best, TBH.Pete Buttigieg's idea, which started this part of the discussion, would be a way to de-politicize the court, I think. Each party gets to choose five justices, the remaining five are chosen by those ten justices. I think that could work. At any rate, we have learned the hard way over the past few years that simply having norms and traditions which we assume everyone will respect leaves us exposed to the malicious actions of people who have no respect for such things, and precious little regard for laws, either.What Texas is proposing is unconstitutional on its face. The court's decision, apparently, was based in the notion that since the law hadn't actually taken effect, there was no aggrieved party with standing to petition. At least that's how I understand it (not a lawyer!). Does that leave me optimistic going forward? No. But Roe is law, and the justices know full well that their role is to interpret law, and overturning prior decisions and/or laws is not to be done lightly. And David Frum was just the first of many people to observe that the right has been very, very quiet on this subject; overturning Roe is a popular idea in some parts of the country, but on a national level it's unpopular. On the fifth hand, we seem to be dealing with a lot of minority rule these days, so -- I don't know what's going to happen.And, yes, it will disproportionately affect poorer women and women of color. People with means and connections will find ways to get the healthcare they need. Cruelty is a feature, not a bug, in today's GOP.All those who seek to destroy the liberties of a democratic nation ought to know that war is the surest and shortest means to accomplish it.0 -
curmudgeoness said:Yes, I've been impressed with CJ Roberts. He takes his role and the institution seriously.The court ought not to be politicized, but just this morning I was reading an editorial, I think from WaPo, about how stacking the federal judiciary with conservative judges has been a key objective of Republican politicians and an important part of their messaging to motivate their voters. Overturning Roe v Wade is what they dangle in front of voters. So I think we generally agree, but I see the process of choosing the judges as being more politicized than the judges themselves are.And you do ask an important question: if the courts are owned, who will keep the government in check? The last president hoped to do just that -- claim ownership of the judges, so he could rule unchecked. Whether it is out of self-regard or respect for the institutions and norms that have guided us thus far, I think very few judges would like to be seen as "owned" by another branch of government.Many people here who are dismayed by the Texas decision (such as it is) remain adamantly opposed to political court-packing. I am, too, but more because I see it leading to never-ending escalation than anything else. As Rick Wilson says, Democrats tend to bring a soup ladle to a gun fight: Mitch McConnell had no qualms about fabricating and discarding norms to suit his ends, should Democrats react in kind and dirty themselves in the process, or should they take the high road, respecting norms and doing the right thing even though it leaves them at a disadvantage? I don't know which option is best, TBH.Pete Buttigieg's idea, which started this part of the discussion, would be a way to de-politicize the court, I think. Each party gets to choose five justices, the remaining five are chosen by those ten justices. I think that could work. At any rate, we have learned the hard way over the past few years that simply having norms and traditions which we assume everyone will respect leaves us exposed to the malicious actions of people who have no respect for such things, and precious little regard for laws, either.What Texas is proposing is unconstitutional on its face. The court's decision, apparently, was based in the notion that since the law hadn't actually taken effect, there was no aggrieved party with standing to petition. At least that's how I understand it (not a lawyer!). Does that leave me optimistic going forward? No. But Roe is law, and the justices know full well that their role is to interpret law, and overturning prior decisions and/or laws is not to be done lightly. And David Frum was just the first of many people to observe that the right has been very, very quiet on this subject; overturning Roe is a popular idea in some parts of the country, but on a national level it's unpopular. On the fifth hand, we seem to be dealing with a lot of minority rule these days, so -- I don't know what's going to happen.And, yes, it will disproportionately affect poorer women and women of color. People with means and connections will find ways to get the healthcare they need. Cruelty is a feature, not a bug, in today's GOP.
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Judge shields some Texas abortion clinics from group's suitsBy JAMIE STENGLEYesterday
DALLAS (AP) — A judge has temporarily shielded some Texas abortion clinics from being sued by the state's largest anti-abortion group under a new law banning most abortions.
The temporary restraining order was issued Friday by District Judge Maya Guerra Gamble in Austin in response to a Planned Parenthood request. Although the law remains in effect, the judge's order shields Planned Parenthood’s clinics, specifically, from whistleblower lawsuits by the nonprofit group Texas Right to Life, its legislative director and people working in concert with the group.
A hearing on a preliminary injunction request is scheduled for Sept. 13. The temporary restraining order only shields Planned Parenthood clinics from Texas Right to Life lawsuits and doesn't prevent Texas Right to Life from suing non-Planned Parenthood abortion clinics in the state. It also doesn't prevent people who aren't affiliated with Texas Right to Life from suing Planned Parenthood.
The law, which took effect Wednesday, prohibits abortions once medical professionals can detect cardiac activity, which is usually around the sixth week of pregnancy and before some women realize they’re pregnant. The law also leaves enforcement to private citizens through lawsuits instead of to prosecutors through criminal charges.
If Planned Parenthood is ultimately successful in the case, it could become a model for other abortion providers to bring similar “injunction-type cases” against those who would be likely to sue them over alleged violations of the law, said David Coale, a Dallas appellate attorney who isn’t involved in the litigation but has been watching it unfold.
Planned Parenthood said in a statement Friday that the law was “already decimating abortion access in the state, as providers are forced to turn people away” once medical professionals can detect cardiac activity. It said historically, 85% to 90% of women who have gotten abortions in Texas were at least six weeks into their pregnancies.
In its petition filed late Thursday, Planned Parenthood said that even if it prevails in every case filed against the group alleging violations of the law, the lawsuits would still accomplish the law's goal to “harass abortion providers and others critical to a patient’s support network.” The group also said fighting the lawsuits could bankrupt those who are sued, since under the law they can't recover attorney fees and costs if they win.
Texas Right to Life Vice President Elizabeth Graham said in a statement that her group expects Planned Parenthood's lawsuit to be dismissed and that, "until then, we will continue our diligent efforts to ensure the abortion industry fully follows” the new law.
continues....
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POOTWH is studying the issue. Brings comfort, don’t it?09/15/1998 & 09/16/1998, Mansfield, MA; 08/29/00 08/30/00, Mansfield, MA; 07/02/03, 07/03/03, Mansfield, MA; 09/28/04, 09/29/04, Boston, MA; 09/22/05, Halifax, NS; 05/24/06, 05/25/06, Boston, MA; 07/22/06, 07/23/06, Gorge, WA; 06/27/2008, Hartford; 06/28/08, 06/30/08, Mansfield; 08/18/2009, O2, London, UK; 10/30/09, 10/31/09, Philadelphia, PA; 05/15/10, Hartford, CT; 05/17/10, Boston, MA; 05/20/10, 05/21/10, NY, NY; 06/22/10, Dublin, IRE; 06/23/10, Northern Ireland; 09/03/11, 09/04/11, Alpine Valley, WI; 09/11/11, 09/12/11, Toronto, Ont; 09/14/11, Ottawa, Ont; 09/15/11, Hamilton, Ont; 07/02/2012, Prague, Czech Republic; 07/04/2012 & 07/05/2012, Berlin, Germany; 07/07/2012, Stockholm, Sweden; 09/30/2012, Missoula, MT; 07/16/2013, London, Ont; 07/19/2013, Chicago, IL; 10/15/2013 & 10/16/2013, Worcester, MA; 10/21/2013 & 10/22/2013, Philadelphia, PA; 10/25/2013, Hartford, CT; 11/29/2013, Portland, OR; 11/30/2013, Spokane, WA; 12/04/2013, Vancouver, BC; 12/06/2013, Seattle, WA; 10/03/2014, St. Louis. MO; 10/22/2014, Denver, CO; 10/26/2015, New York, NY; 04/23/2016, New Orleans, LA; 04/28/2016 & 04/29/2016, Philadelphia, PA; 05/01/2016 & 05/02/2016, New York, NY; 05/08/2016, Ottawa, Ont.; 05/10/2016 & 05/12/2016, Toronto, Ont.; 08/05/2016 & 08/07/2016, Boston, MA; 08/20/2016 & 08/22/2016, Chicago, IL; 07/01/2018, Prague, Czech Republic; 07/03/2018, Krakow, Poland; 07/05/2018, Berlin, Germany; 09/02/2018 & 09/04/2018, Boston, MA; 09/08/2022, Toronto, Ont; 09/11/2022, New York, NY; 09/14/2022, Camden, NJ; 09/02/2023, St. Paul, MN; 05/04/2024 & 05/06/2024, Vancouver, BC; 05/10/2024, Portland, OR;
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Justice Department will 'protect' abortion seekers in Texas2 hours ago
WASHINGTON (AP) — The Justice Department said Monday that it will not tolerate violence against anyone who is trying to obtain an abortion in Texas as federal officials explore options to challenge a new state law that bans most abortions.
Attorney General Merrick Garland said the Justice Department would “protect those seeking to obtain or provide reproductive health services” under a federal law known as the Freedom of Access to Clinic Entrances Act.
Garland said in a statement that federal prosecutors are still urgently exploring options to challenge the Texas law. He said the Justice Department would enforce the federal law “in order to protect the constitutional rights of women and other persons, including access to an abortion.”
The federal law, commonly known as the FACE Act, prohibits physically obstructing or using the threat of force to intimidate or interfere with a person seeking reproductive health services. The law also prohibits damaging property at abortion clinics and other reproductive health centers.
The new Texas law prohibits abortions once medical professionals can detect cardiac activity, usually around six weeks — before some women know they’re pregnant. Courts have blocked other states from imposing similar restrictions, but Texas’ law differs significantly because it leaves enforcement up to private citizens through lawsuits instead of criminal prosecutors.
Justice Department officials have also been in contact with U.S. attorneys in Texas and the FBI field offices in the state to discuss enforcing the federal provisions.
“The department will provide support from federal law enforcement when an abortion clinic or reproductive health center is under attack,” Garland said. “We will not tolerate violence against those seeking to obtain or provide reproductive health services, physical obstruction or property damage in violation of the FACE Act.”
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Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
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Mexican Supreme Court gets it.. ..
Mexico Supreme Court rules criminalizing abortion is unconstitutional https://www.cnn.com/2021/09/07/americas/mexico-criminalizing-abortion-unconstitutional-intl-latam/index.html
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jesus greets me looks just like me ....0
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Bentleyspop said:Mexican Supreme Court gets it.. ..
Mexico Supreme Court rules criminalizing abortion is unconstitutional https://www.cnn.com/2021/09/07/americas/mexico-criminalizing-abortion-unconstitutional-intl-latam/index.html0 -
Fair is fair, right?
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Halifax2TheMax said:Fair is fair, right?0
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Bentleyspop said:Hugh Freaking Dillon is currently out of the office, returning sometime in the fall0
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Damn those Dems.
House passes legislation to create statutory right to abortion as battle over Texas law heats up
The House on Friday passed legislation that would create a statutory right for health-care professionals to provide abortions, amid an intensifying legal battle over a Texas law that is the most restrictive in the nation.
H.R. 3755, the Women’s Health Protection Act, was approved by the Democratic-controlled House 218 to 211, but faces tough odds in the evenly divided Senate.
The measure states that health-care providers have a statutory right to provide, and patients have a right to receive, abortion services without any number of limitations that states and opponents of the procedure have sought to impose.
The measure would essentially codify Roe v. Wade, the 1973 Supreme Court decision guaranteeing the right to abortion before viability, usually around 22 to 24 weeks.
The new Texas law, which took effect Sept. 1 after the Supreme Court refused to immediately block its enforcement, bans abortions as early as six weeks into pregnancy and makes no exceptions for rape, sexual abuse or incest.
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I said I would come back and post next time I ran across someone joking about it, laughing it off if you will, so here you go. Happens plenty.Pittsburgh 2013
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drakeheuer14 said:I said I would come back and post next time I ran across someone joking about it, laughing it off if you will, so here you go. Happens plenty.
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