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Roe vs Wade

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  • #16
    Originally posted by rogue06 View Post
    Or go to a state where it remained unrestricted.
    How would that get into the courts?
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    • #17
      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.
      People being against Roe v Wade seems to frequently be due to them being misinformed about the decision. I remember reading in an article that polls in which people were educated about what it allows and prohibits, support for it dropped.

      But let's suppose that Roe v Wade is extremely popular as you claim it is. In that case, why should overturning it matter? If it gets overturned, it just means legislatures get to set the rules regarding what is or isn't allowed. If Roe v Wade is that gobsmackingly popular, then enacting laws accomplishing the same thing as the decision did should be extremely easy.

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      • #18
        Originally posted by Teallaura View Post
        'Stare decisis' isn't grounds for 'bad law'. Constructionist courts can and do overturn cases.
        Right, but the more they favor judicial restraint, the less likely they are to overturn precedent, even bad precedent. But if the right case is presented in the right way, yes.
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        • #19
          Originally posted by NorrinRadd View Post
          Right, but the more they favor judicial restraint, the less likely they are to overturn precedent, even bad precedent. But if the right case is presented in the right way, yes.
          We agree for the most part with one caveat: It depends - I've seen some cases where really conservative justices wrote scathing opinions of the stare decisis - including a really cool one from Thomas that would have overturned the practice of incorporation itself - can't get a lot more stare decisis than that!
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          • #20
            Originally posted by Cow Poke View Post
            Got a cite for that?
            The statistics vary from poll to poll, but overall they all cite a majority in favour of abortion.l

            Views on abortion, 1995-2017: As of 2017, public support for legal abortion remains as high as it has been in two decades of polling. Currently, 57% say abortion should be legal in all or most cases, while 40% say it should be illegal in all or most cases.

            http://www.pewforum.org/fact-sheet/p...n-on-abortion/
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            • #21
              Originally posted by Tassman View Post
              The statistics vary from poll to poll, but overall they all cite a majority in favour of abortion.l

              Views on abortion, 1995-2017: As of 2017, public support for legal abortion remains as high as it has been in two decades of polling. Currently, 57% say abortion should be legal in all or most cases, while 40% say it should be illegal in all or most cases.

              http://www.pewforum.org/fact-sheet/p...n-on-abortion/
              Will you be doing ALL of Jim's homework for him? It might be kinder just to privately encourage him to step it up on his own. Or do you agree with his "all I gotta do is spew forth nonsense, and YOU GUYS have to look it up" schtick?
              The first to state his case seems right until another comes and cross-examines him.

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              • #22
                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.
                If the court generally feels that Roe v. Wade is bad law and should be overturned, cert is likely to happen if the right case comes along; if the votes are there for overturning R v. W, the votes are likely there for granting cert as well.
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                • #23
                  I have to be honest I'll be disappointed if Roe vs Wade is still standing, effectively, by the time the 2020 election comes up.

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                  • #24
                    Originally posted by One Bad Pig View Post
                    If the court generally feels that Roe v. Wade is bad law and should be overturned, cert is likely to happen if the right case comes along; if the votes are there for overturning R v. W, the votes are likely there for granting cert as well.
                    Roberts is swing and we don't know how "eager" Kavanaugh is right out of the gate to take a big case like that.

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                    • #25
                      Originally posted by thewriteranon View Post
                      Roberts is swing and we don't know how "eager" Kavanaugh is right out of the gate to take a big case like that.
                      If he did, you can already hear the liberals winding up ... "SEE, I TOLD YOU!!!!!"
                      The first to state his case seems right until another comes and cross-examines him.

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                      • #26
                        Originally posted by Leonhard View Post
                        I have to be honest I'll be disappointed if Roe vs Wade is still standing, effectively, by the time the 2020 election comes up.
                        The wheels of justice move slowly.

                        First a case would have to rise through the appeals process before even being granted cert, which can take years, and the Supreme Court largely grants cert several months before they will hear the case. Surely things can move more quickly, but I doubt you would see anything by the 2018-2019 term.

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