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Roe v. Wade and the new SC Justice

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Every time there's a new SCOTUS opening, there is a lot of chatter and concern that the new justice will try to overturn a woman's right to choose. that's been in the news again with kennedy's announced retirement.

for you legal scholars, can you explain to me what legal or constitutional basis would be used to overturn this? 

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I am no legal scholar but I would imagine that since the SCOTUS that created "the right to privacy" and with that, the right to abortion, that the new SCOTUS could say there is no right to privacy explicitly in the Constitution.

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Here's a list of times the SCOTUS changed its mind
https://en.wikipedia.org/wiki/List_of_overruled_United_States_Supreme_Court_decisions

I think it is still unlikely that RvW will itself be overturned. Republicans still need their boogeyman. Well one of them at least. But the court will probably continue the erosion of abortion rights at the state level. 

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15 minutes ago, yvangelfan said:

If you're a baby in the womb during the 9th month in New Jersey and a doctor is coming at you to suck out your brains, that's a boogeyman.

Both parties have the issues that will bring their base to the polls. Is there a bigger issue for Republicans? It's their version of gun control.

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7 hours ago, mtangelsfan said:

I am no legal scholar but I would imagine that since the SCOTUS that created "the right to privacy" and with that, the right to abortion, that the new SCOTUS could say there is no right to privacy explicitly in the Constitution.

I think this is probably pretty close to it. This reasoning would be relied upon to allow states to make their own laws on the issue. 

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I hate to wake you guys up but the republican party isn't all hard liners on abortion. Sure, there are loud noises during election years but plenty of republicans exercise their right to choose just as there are democrats that will take it to term because they believe it would be a sin. 

 

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9 hours ago, mtangelsfan said:

I am no legal scholar but I would imagine that since the SCOTUS that created "the right to privacy" and with that, the right to abortion, that the new SCOTUS could say there is no right to privacy explicitly in the Constitution.

 

1 hour ago, wopphil said:

I think this is probably pretty close to it. This reasoning would be relied upon to allow states to make their own laws on the issue. 

thank you, gentlemen. makes a lot of sense.

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It'll never be overturned, even if it did the circuit courts would throw out proposed ban on abortion or any state laws banning it.

Its more likely whoever he appoints will turn into a David Souter than overthrow Roe V Wade, it happened to judges Reagan & GHWB appointed. Even JFK put in a judge he thought was liberal but turned out to be conservative(Byron White). You can never tell for sure how they will be before their appointed unless they so obviously stated their personal views on such social issues.

Trivia: a number European countries politically to the left of the USA actually have tougher restrictions on abortion than the USA, some of them have bans on late term abortion for example, they also tend to have more restrictions on guns as well.

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Posted (edited)
11 minutes ago, Scioscia4MVP said:

It'll never be overturned, even if it did the circuit courts would throw out proposed ban on abortion or any state laws banning it.

Its more likely whoever he appoints will turn into a David Souter than overthrow Roe V Wade, it happened to judges Reagan & GHWB appointed. Even JFK put in a judge he thought was liberal but turned out to be conservative(Byron White). You can never tell for sure how they will be before their appointed unless they so obviously stated their personal views on such social issues.

Trivia: a number European countries politically to the left of the USA actually have tougher restrictions on abortion than the USA, some of them have bans on late term abortion for example, they also tend to have more restrictions on guns as well.

Abortion isn’t exclusively a left/right thing.  Plenty of conservative libertarians are all for right to choose.  Plenty of very liberal Catholics are vehemently right to life.  Shades of grey in everything. 

obviously the right to life side is generally a more conservative thing and vice versa with liberals and right to choose. 

Many of the countries you speak of are heavily influenced by the church.  Generally the tougher but liberal countries are in the southern hempisphere.  Latin America, the Phillipines in particular.  Catholic hotbeds obviously. 

Edited by UndertheHalo

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31 minutes ago, UndertheHalo said:

Abortion isn’t exclusively a left/right thing.  Plenty of conservative libertarians are all for right to choose.  Plenty of very liberal Catholics are vehemently right to life.  Shades of grey in everything. 

obviously the right to life side is generally a more conservative thing and vice versa with liberals and right to choose. 

Many of the countries you speak of are heavily influenced by the church.  Generally the tougher but liberal countries are in the southern hempisphere.  Latin America, the Phillipines in particular.  Catholic hotbeds obviously. 

Yeah very true. I agree completely about the churches influence in catholic countries. Japan, South Korea, New Zealand & Taiwan has restrictions on it, Finland & Iceland aren't catholic & have some restrictions on it as does northern ireland which only has a minority of catholics.

The most surprising to me is New Zealand though, I would've thought the Kiwi's would be 100% for it being completely legal.

 I don't really have an opinion on it much anymore, i'm male I don't think my view on it matters, I think it should be women who decide the issue,

thus I'm not for overturning it nor am I for it either. Personally i'm ok with it in cases of rape/incest/womens health/economic reasons one might choose to have it done.

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5 minutes ago, Scioscia4MVP said:

Yeah very true. I agree completely about the churches influence in catholic countries. Japan, South Korea, New Zealand & Taiwan has restrictions on it, Finland & Iceland aren't catholic & have some restrictions on it as does northern ireland which only has a minority of catholics.

The most surprising to me is New Zealand though, I would've thought the Kiwi's would be 100% for it being completely legal.

 I don’t know much about New Zealand or Japan’s abortion policy.  Interesting if they have stricter laws then we have.  

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Just now, UndertheHalo said:

 I don’t know much about New Zealand or Japan’s abortion policy.  Interesting if they have stricter laws then we have.  

https://en.wikipedia.org/wiki/Abortion_law#Countries_with_very_restrictive_laws

Japan is just weird on laws, they have that censorship on porn (genitals have to be blurred but can show boobs) & deers cannot even be hunted over there but people can consume poisonous puffer fish.

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You assumed my mother had a choice. She lived during a more authoritarian state that denied women a life of their own choosing in ways you take for granted. As much as you think you are smart and witty, you have the dullness of a men's only club of the turn of the century. 

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