Originally posted by JimL
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Originally posted by JimL View PostI wouldn't say that the trimester framework was the hallmark of R v W., that a woman has the fundemental right to choose was.
The Casey decision, afaics, basically, simply moved the stage of fetal viability from 28 weeks to 24 weeks.
EDIT: To clarify, as I'm not sure I phrased it well: The "cannot pose an undue burden" requirement applies only to regulation that applies before viability, not after.
Originally posted by Cow Poke View PostHow bout the 7 that came to the Plessy v Ferguson decision? Were they right?Last edited by Terraceth; 10-19-2019, 09:16 PM.
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Originally posted by JimL View PostYou asked for 1 in the R v W decision, I gave you 7.
Originally posted by Cow Poke View PostPlease provide a single legal expert who defends Roe v Wade as based on sound reasoning and actual legal principles.
The fact is that none of these 7 ever tried to defend their decision "on sound reasoning and actual legal principles".
If I'm wrong, you need to show me where ANY of them actually defended the decision on anything other than their own personal biases.The first to state his case seems right until another comes and cross-examines him.
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Originally posted by Cow Poke View PostCome on, Jim - look at what I actually asked...
The fact is that none of these 7 ever tried to defend their decision "on sound reasoning and actual legal principles".
If I'm wrong, you need to show me where ANY of them actually defended the decision on anything other than their own personal biases.
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Originally posted by JimL View PostYou're calling their reasoning to be nothing other than personal biases because you don't agree with their reasoning.
But, R v W, as well as the underlying reasoning in that decision, has been defended by many other Justices in other cases concerning abortion.
The Planned Parenthood v Casey for instance.The first to state his case seems right until another comes and cross-examines him.
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Originally posted by Cow Poke View Post
No, Jim - that case didn't uphold the legal grounds of RvW itself, but was about "essential holding" of Roe, dealing with restrictions from the State of Pennsylvania regarding informed consent, spousal notice, parental consent, a "Medical Emergency" definition, and reporting requirements. And it was a very close 5-4 decision. This had to do with "stare decisis", or "respect of precedent", as they were not prepared to set aside a previous SCOTUS decision. It didn't actually deal with the judicial process or legal principles upon which RvW was decided.
https://fortune.com/2019/05/20/can-r...be-overturned/“He felt that his whole life was a kind of dream and he sometimes wondered whose it was and whether they were enjoying it.” - Douglas Adams.
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Originally posted by Tassman View PostAnd Roe v Wade will continue to do with “stare decisis", or "respect of precedent". Chief Justice John Roberts has demonstrated the weight he gives to precedent, as evidenced by a concurring opinion in the 2010 Citizens United decision. In it, he wrote, “Fidelity to precedent—the policy of stare decisis—is vital to the proper exercise of the judicial function. For these reasons, we have long recognized that departures from precedent are inappropriate in the absence of a “special justification.” “A high-profile, landmark case like Roe v. Wade is so etched in the public consciousness, however, that it would take a lot for the Court to decide to overturn it entirely rather than make incremental changes”.
https://fortune.com/2019/05/20/can-r...be-overturned/Geislerminian Antinomian Kenotic Charispneumaticostal Gender Mutualist-Egalitarian.
Beige Federalist.
Nationalist Christian.
"Everybody is somebody's heretic."
Social Justice is usually the opposite of actual justice.
Proud member of the this space left blank community.
Would-be Grand Vizier of the Padishah Maxi-Super-Ultra-Hyper-Mega-MAGA King Trumpius Rex.
Justice for Ashli Babbitt!
Justice for Matthew Perna!
Arrest Ray Epps and his Fed bosses!
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Originally posted by NorrinRadd View PostThis stare decisis fetishism is the gigantic defect of "judicial conservatism."“He felt that his whole life was a kind of dream and he sometimes wondered whose it was and whether they were enjoying it.” - Douglas Adams.
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Originally posted by Tassman View PostAnd Roe v Wade will continue to do with “stare decisis", or "respect of precedent"...The first to state his case seems right until another comes and cross-examines him.
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Originally posted by NorrinRadd View PostThis stare decisis fetishism is the gigantic defect of "judicial conservatism."The first to state his case seems right until another comes and cross-examines him.
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Originally posted by Cow Poke View PostIt is the culture of death hanging onto a horrible decision for no other reason than "but that's what we WANT".
The primary problem is not with Mr. Trump’s past sins, it is that the policies he currently supports are inconsistent with his claim in his address today that “every life is sacred.” And where do we begin? His inhumane deportation policies? His seeming belief that the value of lives from prosperous countries are worth more than those from poor—or as he allegedly put it, “xxxxhole”—countries? His threats to end thousands of lives with nuclear war?https://www.americamagazine.org/poli...oke-march-life"Yes. President Trump is a huge embarrassment. And it’s an embarrassment to evangelical Christianity that there appear to be so many who will celebrate precisely the aspects that I see Biblically as most lamentable and embarrassing." Southern Baptist leader Albert Mohler Jr.
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Originally posted by Charles View PostUnfortunately the culture of death for no other reason than "but that's what we WANT" goes a lot further than that:The first to state his case seems right until another comes and cross-examines him.
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Originally posted by Cow Poke View PostIt does - the other end of abortion is euthanasia."Yes. President Trump is a huge embarrassment. And it’s an embarrassment to evangelical Christianity that there appear to be so many who will celebrate precisely the aspects that I see Biblically as most lamentable and embarrassing." Southern Baptist leader Albert Mohler Jr.
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Originally posted by Charles View PostAnd a lot more than that. As can be easily seen you have just skipped huge parts in my post about the culture of death and the tragic consequences it has already had and could have in the future.The first to state his case seems right until another comes and cross-examines him.
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