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UN condemns US abortion decision

jhungary

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Forget Trump. He is hardly the 'stable genius' he claimed to be. Stable is barely and genius definitely not. All Trump did was followed what his conservative aides told him the base wanted. No one have any confidence that Trump have any intellectual capacity to discuss, let alone debate, the abortion rights issue.


No, they are not. That does not mean the Republicans at large, hard core base and moderates, are unconcerned about the consequences of this decision. But as many observers noted, the Virginia governor election should have been taken more seriously by the Democrats when post election polling have abortion rights lower in priority. Glenn Youngkin did not run on RvW but on parental rights and economics, and won.


Here is the main problem...Abortion rights is non-constitutional. Not un-constitutional. To be un-constitutional means to be ANTAGONISTIC or HOSTILE to the US Constitution in both principle and text. To be non-constitutional mean does not exist, at least in text, and that is what the latest SCOTUS decision mean.

The 10th Amendment say:

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”.​

So how would you get the federal government involved? By what is called 'emanation and penumbra'. Basically, absent text, you interpret what you want to be linked to basic rights and liberties that the federal government is tasked by the Constitution to protect and prevent others from violating.


How this mysterious trinity of privacy, penumbra and emanations had eluded legal scholars for the then 176 years of our constitutional history was (and is) a question left unaddressed by the court.​

If your interpretation, as presented in court, is successful, then the federal government is legally obligated to act despite absent explicit text in the Constitution.

Most of us are comfortable with one degree of separation, pretty much arm's length metaphorically speaking, and will support the linkage. But when a side issue is two degrees or more removed from the main issue, then all of us begins to diverge from unanimity, create subgroups, and defend our positions. When you have to interpret something, that is the start of that two or more degrees of separation and also the start of conflicts. Absent explicit text, what abortion rights proponents did was interpret how abortion is constitutionally protected and that argument was so weak that even today, Democratically minded legal scholars admitted that RvW was constitutionally problematic. Scholars no less than the notorious RBG herself.


So it might come as a surprise that, though she made history by endorsing abortion rights during her confirmation hearing, Ginsburg had well-known reservations about Roe.

What happened today is the prominence of the 10th. No text, no federal government involvement.
Well, there are 2 issues at play here.

1.) Whether or not Abortion is within the right of our constitution. Which mean whether or not the due process clause of 14th amendment applies.

2.) As Justice Roberts states. If this is not a constitutional issue, then SCOTUS should not have the power to struck down the case, instead they should have gone back to the original case base and retried the case. That's why Roberts concur on the Dobbs v Jackson Women Health case, but Dissent when they over turn Roe v Wade.

Personally, I am leaning on 14 amendment did not applies on abortion issue, they really should have codify it after Roe v Wade, that is not a secure strategy. That's a personal choice, like whether or not you will get a driver license, I mean if there should not have guaranteed right for you to have a driver license, then there should also be no right to guarantee you to have an abortion

On the other hand, saying Abortion issue is not a constitution issue and therefore the SCOTUS does not have the power to judge the first time around does not negate the legal challenge gone with the SCOTUS washing their hands. That legal challenge would still remain, and don't forget Roe won the case in Federal Court level, and you cannot simply just say "this is not a constitutional issue" and ignore the original ruling. If this is a constitutional issue, and SCOTUS voted it did or did not violate our constitutional right, that would have been another issue, but the fact that they said there are no standing on the issue means they should move the case back to district court or Texas Supreme Court and have a retrial there..
 

YouGotRouged

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Heard Trump like to play Elvis in his rallies.




Maybe he should start playing this song :






As the snow flies
On a cold and gray Chicago morning
A poor little baby child is born
In the ghetto


And his mama cries
'Cause if there's one thing that she don't need
It is another hungry m
outh to feed
In the ghetto


~
I never hear Elvis here, just Eric cartman from south park
 

fitpOsitive

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What is the Islamic view on abortion guys?
both Shia, Sunni or perspective of different sects would be appreciated

@cocomo
No sexual activity out of wedlock is permitted in Islam, hence it is assumed that pregnancy will be a result of post marriage activities. In that case not abortion is permitted unless it is extremely dangerous or might get fatal for mother.
If it somehow takes place out of wedlock, beven then it is not permitted to abort child.
 

Apollon

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Ghenghis khan fathered millions by force. They were meant to be born and so is this kid.

There is silver lining in good and bad events.

Nobody can force a women to carry a child made through rape.


You know what happens? Either abortion, or mother kills the baby or kid is raised under horrible conditions.
 

waz

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Not the UN's call.
It's an issue for the American people.
My opinion doesn't count for much, but for incidents of rape, mother's health is in danger etc it should be a right that can exercised.
 

nope

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Abortion in not "Banned" its a state issue now

Also Abortion is healthcare issue also i think this is bad for the US and its all the democrats fault
 

sammuel

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Oh yes by all means let's bring more unwanted/unplanned babies into this world but when it comes to providing funding for organizations/foster homes/adoption credits, nooooooo that's communism.

lol , that sums up the republican stand in a nutshell.

There is no doubt that the Democrats hold the higher moral ground , when it comes to social issues , health care etc.

On the other hand , the Republicans argue, that more taxes hurt free enterprise and the economy, less jobs are available. When the economy succeeds , all are better off , including the poor.,


~
 

jhungary

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Abortion in not "Banned" its a state issue now

Also Abortion is healthcare issue also i think this is bad for the US and its all the democrats fault
lol, how so?

I am not a dem, but this is quite clearly the far right movement fault. It start all the way from Trump stacking the SCOTUS.

The only thing Dem should do and didn't is codify it during Clinton or Obama administration. They too depends on this shaky case to set a precedent. Then SCOTUS just overthrow it like a piece of rubbish. And then the religious deep south..........
 

cloud4000

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Nowhere in the US Constitution states that abortion is a right. Roe vs Wade was a SCOTUS that "interpreted" that abortion was protected by the constitution. It was a slippery slope from the start. The fear of being overturned was always there. Now, it has been overturned. All I can say about it is Democrats should do a better job at winning elections.

Still, it's not a blanket ban on abortion. I live in Massachusetts and nothing will change here.

The only to codify abortion, and other reproduction rights, to codify it through a constitutional amendment.
 

jhungary

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Nowhere in the US Constitution states that abortion is a right. Roe vs Wade was a SCOTUS that "interpreted" that abortion was protected by the constitution. It was a slippery slope from the start. The fear of being overturned was always there. Now, it has been overturned. All I can say about it is Democrats should do a better job at winning elections.

Still, it's not a blanket ban on abortion. I live in Massachusetts and nothing will change here.

The only to codify abortion, and other reproduction rights, to codify it through a constitutional amendment.
I sometime wonder if this is the dem ploy for Mid-Term......

Bear in mind most young female are pro-right, and most American are against this. Just as we thought Republican have the mid-term in the bag and they throw this curve ball out. I mean, you got to know this is going to draw back from Republican base when they overturn it.......
 

nope

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lol, how so?

I am not a dem, but this is quite clearly the far right movement fault. It start all the way from Trump stacking the SCOTUS.

The only thing Dem should do and didn't is codify it during Clinton or Obama administration. They too depends on this shaky case to set a precedent. Then SCOTUS just overthrow it like a piece of rubbish. And then the religious deep south..........
this not the only thing its the main thing

the dems had all the chance to codify had all the supermajority supreme court in there favor they get no sympathy
 

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