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Thread: What we really need from SCOTUS....

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    tWebber
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    What we really need from SCOTUS....

    I think the states that are declaring the unborn to be a human being with fundamental rights have the right idea. If you read Roe v. Wade, they more or less punt on the idea of whether the unborn is a human being with rights, and go with the "right" to privacy that was established in Griswald over birth control. So, Roe doesn't need to be overturned, per se.

    If we can get the courts to focus on declaring the unborn human (right back to fertilization) as a human being (just like it had to declare that blacks were fully humans with rights), then Roe wouldn't need to be overturned in order to give states the right to ban abortion. Once the unborn human being is given the fundamental right to life, that will supersede the "right to privacy", because now there are two beings involved, one of whom was likely come into being with the consent of its parents.

    At this point, the unborn will fall under laws that protect all human beings, including murder.

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    Must...have...caffeine One Bad Pig's Avatar
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    It would make the law consistent, too, because in many places killing a pregnant woman merits two counts of murder, not one.
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    tWebber Teallaura's Avatar
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    FYI: once the Court makes that finding, it overturns Roe.


    You can't change Constitutional law via legislative activity other than Constitutional amendment. Roe and like cases are part of the case law - it must be overturned in order to actually change the supreme law of the land - constitutional law.

    I agree it's an excellent way to attack the problem - but Roe will have to be overturned. State law does not supersede constitutional law.

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    See, the Thing is... Cow Poke's Avatar
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    Quote Originally Posted by Teallaura View Post
    FYI: once the Court makes that finding, it overturns Roe.


    You can't change Constitutional law via legislative activity other than Constitutional amendment. Roe and like cases are part of the case law - it must be overturned in order to actually change the supreme law of the land - constitutional law.

    I agree it's an excellent way to attack the problem - but Roe will have to be overturned. State law does not supersede constitutional law.
    The thread title "What we really need from SCOTUS.... " implies a judicial action, not "legislative activity".

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    tWebber Teallaura's Avatar
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    Quote Originally Posted by Cow Poke View Post
    The thread title "What we really need from SCOTUS.... " implies a judicial action, not "legislative activity".
    The OP stated Roe didn't need to be over turned - which is a judicial action - and that's not true. The only way to change the current status OTHER THAN overturning Roe would be by amendment which can start in the Congress.

    And if you'd just read what I wrote, I already said that if the Court makes the finding Muz suggests, it actually would overturn Roe.

    Abortion remains legal until the case law or the Constitution are changed, that's all there is to it. Since its original legality comes from Roe, Roe and its sister Casey both need to be overturned. THAT'S what we need the Court to do.

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