SCOTUS Getting Shade Over Roe v Wade

King Arts

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Something to bear in mind.

Even if all the substantive due process cases were looked at and repealed, same-sex Marriage has what should have been the core of the ruling in the first place: Full Faith and Credit. The absolute worst case for same-sex marriage at this point is that is that states could be allowed to issue or not issue marriage licenses for same-sex marriages, but that states (and the Federal government) that do not issue them MUST recognize the same-sex marriage license issues by other states (this is likewise the absolutely worst case for miscegenation laws as well). That's what the Full Faith and Credit clause is all about in the first place, ensuring contracts including marriages issued by one state are recognized by all.

Basing the same-sex marriage ruling on substantive due process was always a dumb move and left it open to attack from that angle, especially when there's a much stronger foundation via the Full Faith and Credit clause. The issue there is, of course, is that the FF&C clause still leaves some of the issue up to the states, which proponents of same-sex marriage did not want since it was always about forcing those who opposed to have to accommodate them, rather than ensuring they could get married.
I was looking at something. Can't we argue that full faith and credit does not mean that? Since for example cousins marriages are legal in some states, banned in others. And in the banned states are not forced to recognize it under full faith and credit?
 

Battlegrinder

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Thats the wrong way to think about it, because they haven't actually lost any rights, there never was a "right to abortion".

It's beyond annoying that people are still pushing this "right" bit, after the decision very carefully explained how that's nonsense, and after the dissent totally failed to offer any sort of substantial rebuttal to that.


Like, fine, you can think it's a right if you what to think that, but if you want to argue it is a right you have to do the legwork and actually construct an arguement to establish that it is one.
 

S'task

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I was looking at something. Can't we argue that full faith and credit does not mean that? Since for example cousins marriages are legal in some states, banned in others. And in the banned states are not forced to recognize it under full faith and credit?
Except that they would be if things ever went to the Supreme Court. The US is a patchwork of law on this matter, with some state recognizing them while other state refuse to. As far as I can tell the situation has never come up to the Federal court system, but the Full faith and credit clause it pretty clear in its plain text meaning. I don't see these types of cousin marriage annulment laws surviving the court case.
 

Abhorsen

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Basing the same-sex marriage ruling on substantive due process was always a dumb move and left it open to attack from that angle, especially when there's a much stronger foundation via the Full Faith and Credit clause. The issue there is, of course, is that the FF&C clause still leaves some of the issue up to the states, which proponents of same-sex marriage did not want since it was always about forcing those who opposed to have to accommodate them, rather than ensuring they could get married.
IMO, the actual argument runs through the Equal Protection clause, but not as Justice Kennedy did it. Kennedy basically had two parallel arguments, one using substantive due process, the other the Equal Protection clause, neither of which was well thought out but that's sadly normal for cases like this (Brown v Board is correct in outcome but not well reasoned also).

Basically, the proper argument is practically a syllogism using previous cases. Loving v Virginia says that marriage rights are incorporated against the states, Reed v Reed says that the equal protection clause covers government sex discrimination (either at intermediate or strict scrutiny, I forget which), and now Bostock v Clayton says that discriminating based on sexual orientation is sex discrimination. Add up those three, and you get to at least intermediate scrutiny on state same sex marriage bans, even ignoring FF&C. And the states are going to lose on intermediate scrutiny when they were struggling to get to rational basis.



I do have a general worry about what this will do to the voting come November. There's a decent chance the democrats mobilize on this and do well. We'll see from polls, and then the election.
 

Bacle

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Sounds like this means the Dems are either going to ignore SCOTUS, or they are going to try to ram through abortion laws in Congress before the midterms.

Edit: Also interesting use of the third person.
 

Stargazer

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It still is a necessity. Sometimes an Abortion has to occur due to the likelihood of a child killing a mother in birth, rare that it is.

Abortion should be something a hospital does to save a life, not an individual industry with predatory practices.

Fair. So, to be a little more precise, elective abortion should be abolished entirely.
 

Battlegrinder

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I do have a general worry about what this will do to the voting come November. There's a decent chance the democrats mobilize on this and do well. We'll see from polls, and then the election.

I think that's unlikely. The Dems won't run on "we want our abortion laws to be like the laws in Germany or France", which is the majority position give or take a few weeks. Thier base won't allow a moderate position, they'll drag the dems out to the extremes, and if they run on those they'll lose badly.

Republicans have a similar issue, but the moderate position is much closer to the GOP base position, so they can more easily sell a swing to the middle and they can probably get the base to compromise a bit more.
 

BlackDragon98

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220624113712-01-abortion-rights-activists-062422-large-169.jpg

hoes realizing that its no more creampies from now on



45vja7.jpg



BUT WAIT!

did you see the hint of that smile?

hoe realizes that she can use her baby to generate child support, while using the money on herself!

OH NOs!
 

Arch Dornan

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It still is a necessity. Sometimes an Abortion has to occur due to the likelihood of a child killing a mother in birth, rare that it is.

Abortion should be something a hospital does to save a life, not an individual industry with predatory practices.
I was given the impression it would go back to the states to decide as I already shared of one already reinforcing it just as states are deciding the same about their guns or illegal migrants.
 

Abhorsen

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I was given the impression it would go back to the states to decide as I already shared of one already reinforcing it just as states are deciding the same about their guns or illegal migrants.
No, that isn't even a state issue. That's an individual right to self defense issue. A state can't decide you don't have the right to self defense.

Personally, I'm in favor of an abortion ban at around 8-9 weeks (when I believe life begins), but certainly not later. I do think there needs to be an exception for rape (and incest, as it's almost always rape), as the mother didn't consent to the sex, and thus has no duty towards the child. The obligation to carry the child comes from the mother consenting to sex.
 

Cherico

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220624113712-01-abortion-rights-activists-062422-large-169.jpg

hoes realizing that its no more creampies from now on



45vja7.jpg



BUT WAIT!

did you see the hint of that smile?

hoe realizes that she can use her baby to generate child support, while using the money on herself!

OH NOs!

Ugh

UDIs, condoms, birth control pill, sponges, morning after pill, adoption.

These have been options for decades and in some cases generations by now, if you practice even a modicrum of basic safe sex you will be fine.
 

Zachowon

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Ugh

UDIs, condoms, birth control pill, sponges, morning after pill, adoption.

These have been options for decades and in some cases generations by now, if you practice even a modicrum of basic safe sex you will be fine.
Adoption system needs reforms
 

Stargazer

Well-known member
I do think there needs to be an exception for rape (and incest, as it's almost always rape), as the mother didn't consent to the sex, and thus has no duty towards the child. The obligation to carry the child comes from the mother consenting to sex.

This position is only valid if you reject the idea that the unborn child is a human life deserving of protection. In that case, why restrict abortion at all?
 

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