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Roe vs Wade

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  • Roe vs Wade

    The Republicans have the House, they have the Senate, they have the Supreme Court and they have the President Of The United States.

    So... what's your opinion? Is it going to happen? Is Roe vs Wade going to be overturned?

  • #2
    Nope. We still have Obamacare (although it is falling apart).

    I'm always still in trouble again

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    • #3
      AFAICT, POTUS and Congress don't matter, except perhaps for getting another conservative Justice or two.

      It doesn't matter how many of the Justices oppose abortion. It doesn't even matter how many of them believe Roe was decided badly from a legal and Constitutional standpoint. As judicial conservatives, they are not judicial activists. They will tend to have high regard for stare decisis. They *may* overturn Roe v. Wade, if presented with just the right case, in just the right way.

      It's an uphill climb.
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      • #4
        Originally posted by Leonhard View Post
        The Republicans have the House, they have the Senate, they have the Supreme Court and they have the President Of The United States.

        So... what's your opinion? Is it going to happen? Is Roe vs Wade going to be overturned?
        No, but I think tighter restrictions applied by various states will be allowed to stand, where they haven't been before.
        Atheism is the cult of death, the death of hope. The universe is doomed, you are doomed, the only thing that remains is to await your execution...

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        • #5
          It would have to be challenged in a case brought to the Supreme Court in just the right way. They can't just decide to overturn a previous decision.

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          • #6
            Originally posted by Sparko View Post
            It would have to be challenged in a case brought to the Supreme Court in just the right way. They can't just decide to overturn a previous decision.
            I think that would have to come from a state, where a state legislature passed a law to ban abortions, then an individual who wanted an abortion would have to fight in the courts.
            Atheism is the cult of death, the death of hope. The universe is doomed, you are doomed, the only thing that remains is to await your execution...

            https://www.youtube.com/watch?v=Jbnueb2OI4o&t=3s

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            • #7
              Originally posted by seer View Post
              I think that would have to come from a state, where a state legislature passed a law to ban abortions, then an individual who wanted an abortion would have to fight in the courts.
              Or go to a state where it remained unrestricted.

              I'm always still in trouble again

              "You're by far the worst poster on TWeb" and "TWeb's biggest liar" --starlight (the guy who says Stalin was a right-winger)
              "Overall I would rate the withdrawal from Afghanistan as by far the best thing Biden's done" --Starlight
              "Of course, human life begins at fertilization that’s not the argument." --Tassman

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              • #8
                Originally posted by rogue06 View Post
                Or go to a state where it remained unrestricted.
                I'm not sure how a case could get to the Supreme Court in any other way though.
                Atheism is the cult of death, the death of hope. The universe is doomed, you are doomed, the only thing that remains is to await your execution...

                https://www.youtube.com/watch?v=Jbnueb2OI4o&t=3s

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                • #9
                  The SC still has to vote to accept cert and I don't know that we necessarily have the votes necessary for such a case to be granted cert.
                  Last edited by thewriteranon; 07-24-2018, 08:57 AM. Reason: missing word

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                  • #10
                    Originally posted by Leonhard View Post
                    The Republicans have the House, they have the Senate, they have the Supreme Court and they have the President Of The United States.

                    So... what's your opinion? Is it going to happen? Is Roe vs Wade going to be overturned?
                    Doubt it, because those who want Roe V Wade overturned are in the minority big time, even amongst republicans. 71% overall are against overturning R v W, and even 52% of republicans are against it. And since republicans only make up about 25% of the country, that's very little support for overturning, even from them.

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                    • #11
                      Originally posted by thewriteranon View Post
                      The SC still has to vote to accept cert and I don't know that we necessarily have the votes necessary for such a case to be granted cert.
                      I just love it when you talk legal!
                      The first to state his case seems right until another comes and cross-examines him.

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                      • #12
                        Originally posted by JimL View Post
                        Doubt it, because those who want Roe V Wade overturned are in the minority big time, even amongst republicans. 71% overall are against overturning R v W, and even 52% of republicans are against it. And since republicans only make up about 25% of the country, that's very little support for overturning, even from them.
                        Got a cite for that?
                        The first to state his case seems right until another comes and cross-examines him.

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                        • #13
                          Originally posted by Leonhard View Post
                          The Republicans have the House, they have the Senate, they have the Supreme Court and they have the President Of The United States.

                          So... what's your opinion? Is it going to happen? Is Roe vs Wade going to be overturned?
                          Um, only the SC matters in that list but yes. It's always been on shaky ground and the court has been cutting some of that ground over the last ten years. I think Roe is ultimately doomed - Trump's nominations may simply speed up the process.
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                          • #14
                            Originally posted by NorrinRadd View Post
                            AFAICT, POTUS and Congress don't matter, except perhaps for getting another conservative Justice or two.

                            It doesn't matter how many of the Justices oppose abortion. It doesn't even matter how many of them believe Roe was decided badly from a legal and Constitutional standpoint. As judicial conservatives, they are not judicial activists. They will tend to have high regard for stare decisis. They *may* overturn Roe v. Wade, if presented with just the right case, in just the right way.

                            It's an uphill climb.
                            'Stare decisis' isn't grounds for 'bad law'. Constructionist courts can and do overturn cases.
                            "He is no fool who gives what he cannot keep to gain that which he cannot lose." - Jim Elliot

                            "Forgiveness is the way of love." Gary Chapman

                            My Personal Blog

                            My Novella blog (Current Novella Begins on 7/25/14)

                            Quill Sword

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                            • #15
                              Originally posted by thewriteranon View Post
                              The SC still has to vote to accept cert and I don't know that we necessarily have the votes necessary for such a case to be granted cert.
                              This is why I don't expect a related case necessarily within a year - maybe longer. But as cases mature, sooner or later, one will be heard.
                              "He is no fool who gives what he cannot keep to gain that which he cannot lose." - Jim Elliot

                              "Forgiveness is the way of love." Gary Chapman

                              My Personal Blog

                              My Novella blog (Current Novella Begins on 7/25/14)

                              Quill Sword

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