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Roberts Court Wont End Roe v. Wade

danarhea

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In a 9-0 decision, The Supreme Court struck down New Hampshire's anti abortion law, citing on one hand the right for a state to require parental notification, and citing on the other hand that a woman must be entitled to an abortion in cases where a physician has determined that carrying the pregnancy to term would adversely affect her health.

This was a good ruling. If abortion ultimately is allowed in these restrictive cases, and in addition, in cases of rape or incest, then I am happy with the direction that the Roberts court is taking. I believe that the ruling on this issue is Constitutional, in that, unless the states are interfering with a woman's own Constitutional rights, which include the right not to have the government dictate to her situations which could imperil her health, and the right to to be made to carry a pregnancy based on the use of force to term (which has not been ruled on yet, but should get attention soon), abortion laws belong to the states, not the Federal government. This was an excellent Constitutional interpretation.

While the court seems to have backed off in making a decision on abortion per se, the big news to me is how all 9 justices interpreted and upheld the 2 areas of abortion which I agree with. The Roe v. Wade issue, while upheld, will be placed into the hands of the states, where it belongs. Although the states cannot trump the individual, neither can the Federal government trump the states, as long as state laws are Constitutional.

For those of you who questioned the integrity of Roberts during his confirmation process, you have just been proven wrong.

Article is here.
 

Alex

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SCOTUS did not acually strike down the law. They returned it to the circuit court to be reviewed again. The 1st Circuit Court will likely strike it down.

I believe this is a good move by Roberts. I am sure that he understood when he voted to return it that the circuit court would strike it down. He has shown now that he is not a closed-minded conservative.
 

danarhea

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alex said:
SCOTUS did not acually strike down the law. They returned it to the circuit court to be reviewed again. The 1st Circuit Court will likely strike it down.

I believe this is a good move by Roberts. I am sure that he understood when he voted to return it that the circuit court would strike it down. He has shown now that he is not a closed-minded conservative.
Yes, I addressed that in my first post, but what I am saying is that we now have a good clue as to how the Roberts court will rule on abortion, by what they wrote. And 2 items they did address are big:

1) The state has the right to require parental consent.

2) States cannot outlaw abortions which adversely affect the health of the mother. The rape and incest allowance I added, because I belive that will also come up in the near future.

O'Connor did write the majority (unamimous) decision for the court, but that decision represents all justices.
 

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How does the religious right feel about Bush's pick not being the lone dissenter in this decision?
 

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Problem: how is a woman supposed to prove the foetus was a product of rape within the limited timeframe necessary to abort before viability?
 

Vandeervecken

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They did not strike it down, they returned it to the Circuit Courts. Buying time till Alito can replace O'Conner most likely.
 

RightinNYC

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Vandeervecken said:
They did not strike it down, they returned it to the Circuit Courts. Buying time till Alito can replace O'Conner most likely.
Huh? You think they're hoping the exact same case will come before them again in a month, and suddenly 5 justices are going to spontaneously change their minds?

no.
 

RightinNYC

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scottyz said:
How does the religious right feel about Bush's pick not being the lone dissenter in this decision?
I dont think they mind, this was a fantastic decision on all sides. but way to immediately look for the negative.
 

Vandeervecken

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RightatNYU said:
Huh? You think they're hoping the exact same case will come before them again in a month, and suddenly 5 justices are going to spontaneously change their minds?

no.
When Alito has been seated the Christian Fascisti will have control of all three branches of government. Abortion rights are doomed, as is free speech and a free press among others.

I'm stockpiling ammunition.
 

RightinNYC

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Vandeervecken said:
When Alito has been seated the Christian Fascisti will have control of all three branches of government. Abortion rights are doomed, as is free speech and a free press among others.

I'm stockpiling ammunition.

Right. Well, have fun in the bunker.:roll:
 

danarhea

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RightatNYU said:
Huh? You think they're hoping the exact same case will come before them again in a month, and suddenly 5 justices are going to spontaneously change their minds?

no.
Exactly. This was a good decision.
 

Vandeervecken

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RightatNYU said:
Right. Well, have fun in the bunker.:roll:
Bunkering against a vastly better supplied force is foolish. I'll go the other route. I've already got stockpiles hidden in a variety of areas. The Scarlet Pimpernel had the right idea. "They seek him here, they seek him there, that damned elusive pimpernel."
 

RightinNYC

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danarhea said:
In a 9-0 decision, The Supreme Court struck down New Hampshire's anti abortion law, citing on one hand the right for a state to require parental notification, and citing on the other hand that a woman must be entitled to an abortion in cases where a physician has determined that carrying the pregnancy to term would adversely affect her health.

This was a good ruling. If abortion ultimately is allowed in these restrictive cases, and in addition, in cases of rape or incest, then I am happy with the direction that the Roberts court is taking. I believe that the ruling on this issue is Constitutional, in that, unless the states are interfering with a woman's own Constitutional rights, which include the right not to have the government dictate to her situations which could imperil her health, and the right to to be made to carry a pregnancy based on the use of force to term (which has not been ruled on yet, but should get attention soon), abortion laws belong to the states, not the Federal government. This was an excellent Constitutional interpretation.

While the court seems to have backed off in making a decision on abortion per se, the big news to me is how all 9 justices interpreted and upheld the 2 areas of abortion which I agree with. The Roe v. Wade issue, while upheld, will be placed into the hands of the states, where it belongs. Although the states cannot trump the individual, neither can the Federal government trump the states, as long as state laws are Constitutional.

For those of you who questioned the integrity of Roberts during his confirmation process, you have just been proven wrong.

Article is here.
As a side note, this is a perfect example of a good thread starter.

Rather than just link an article and say "oh this is so crazy look," the personal interpretation is debate stirring.

Nice work!:2wave:
 

danarhea

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RightatNYU said:
As a side note, this is a perfect example of a good thread starter.

Rather than just link an article and say "oh this is so crazy look," the personal interpretation is debate stirring.

Nice work!:2wave:
Thank you. I appreciate your notation, but that still wont stop Navy Pride from calling me a Liberal. :lol:
 
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danarhea said:
Thank you. I appreciate your notation, but that still wont stop Navy Pride from calling me a Liberal. :lol:
Why take offense? Be proud, dana.
 
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