The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

[unofan]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

Breyer has abortion case. 5-3 reversing the fifth circuit. RBG concurs, Thomas dissents, Alito also dissents joined by the Chief and Thomas.

Edit: the admitting privileges and surgical center requirements place a substantial obstacle in the path of getting an abortion and constitute an undue burden.

 

[ScoobyDoo]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

Breyer has abortion case. 5-3 reversing the fifth circuit. RBG concurs, Thomas dissents, Alito also dissents joined by the Chief and Thomas.

Edit: the admitting privileges and surgical center requirements place a substantial obstacle in the path of getting an abortion and constitute an undue burden.

I expected 4-4 here. Surprised.

 

[unofan]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

RBG's concurrence is short and to the point at 2 pages.

"Given those realities, it is beyond rational belief that HB2 could genuinely protect the health of women, and certain that the law 'would simply make it more difficult for them to obtain abortions.'"

 

[unofan]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

And finally, per a unanimous court, McDonnell's conviction is overturned.

 

[Rover]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

Abortion wars will be essentially over if Dems get that 5th justice next year. Look for activists to immediately sue any attempt to ban procedure after 20 weeks, restrict medical (aka drug induced) abortions, and even get rid of onerous waiting times. I'd expect 5 liberal justices to codify Roe v Wade for the next 40 years. May even get Kennedy along as a 6th vote.

 

[joecct]

Abortion wars will be essentially over if Dems get that 5th justice next year. Look for activists to immediately sue any attempt to ban procedure after 20 weeks, restrict medical (aka drug induced) abortions, and even get rid of onerous waiting times. I'd expect 5 liberal justices to codify Roe v Wade for the next 40 years. May even get Kennedy along as a 6th vote.

It's morally wrong, but legal. One day people will realize that destroying your seed corn is not how you prosper.

 

[unofan]

It's morally wrong, but legal. One day people will realize that destroying your seed corn is not how you prosper.

Every sperm is sacred, therefore masterbation is murder?

 

[joecct]

Every sperm is sacred, therefore masterbation is murder?

Nice try Batman.

 

[St. Clown]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

Anybody else feel like singing some Monty Python at work today?

 

[SJHovey]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

It's morally wrong, but legal. One day people will realize that destroying your seed corn is not how you prosper.

You know the funny thing is, a few decades ago when I started really thinking of myself like seed corn, or just another mammal at the watering hole, and simply ignored the whole "sanctity" view of everything, I found that there was just a whole lot less in this world to be outraged over. I don't think of abortion beyond passing recognition that others are still fighting over it. Immigration and emigration of humans no longer bothers me. I no longer care what belief systems people do or do not have. It was very freeing.

 

[Kepler]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

Abortion wars will be essentially over if Dems get that 5th justice next year. Look for activists to immediately sue any attempt to ban procedure after 20 weeks, restrict medical (aka drug induced) abortions, and even get rid of onerous waiting times. I'd expect 5 liberal justices to codify Roe v Wade for the next 40 years. May even get Kennedy along as a 6th vote.

Polling has barely moved on abortion in 40 years. I don't agree that there will be a decisive shift in favor of reproductive rights. The backwater will still legislate their thunder god stuff and everybody else will move on. It will still suck to be a woman in the deep south and prairie states, so the smart ones will move. Just like now.

This is one that will be rendered moot by medicine. AFAIK we haven't had a major advance in the efficacy of birth control in those 40 years. A "male pill" and a 100% effective "morning after pill" will end the issue for middle class people, at which point abortion will become a class vice of the poor and probably be recriminalized because that's how we roll.

It is satisfying, though, to see the thoroughly vindictive and hypocritical Texas law struck down. America stored some good karma today. We'll need it.

 

[5mn_Major]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

Also nice to see guns held out of the hands of domestic abuse offenders.

 

[Kepler]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

One day people will realize that destroying your seed corn is not how you prosper.

With a few exceptions, people are not plants.

 

[Kepler]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

Also nice to see guns held out of the hands of domestic abuse offenders.

This may be the way gun lunacy is limited. They'll pick off a parade of horribles: domestic abusers, sex criminals, terrorists, substance abusers -- everybody in the Witch of the Month Club.

That is a bad way to limit rights and the same reasoning could be used to limit first amendment freedoms.

The correct way to do this is to repudiate the NRA Interpretation as a deliberate profit-driven distortion of the 2nd the way Lochner distorted the 14th. Don't carve out non-gun groups -- reimpose sane regulation of guns and ammunition on everybody. Leave room for honest sportsmen and home defense and send the other 95% of the NRA agenda back into the crapper where it belongs.

 

[burd]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

You know the funny thing is, a few decades ago when I started really thinking of myself like seed corn, or just another mammal at the watering hole, and simply ignored the whole "sanctity" view of everything, I found that there was just a whole lot less in this world to be outraged over. I don't think of abortion beyond passing recognition that others are still fighting over it. Immigration and emigration of humans no longer bothers me. I no longer care what belief systems people do or do not have. It was very freeing.

I hope you have retained a little gopher hate. OK, if not hate, aversion.

 

[5mn_Major]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

This may be the way gun lunacy is limited. They'll pick off a parade of horribles: domestic abusers, sex criminals, terrorists, substance abusers -- everybody in the Witch of the Month Club.

That is a bad way to limit rights and the same reasoning could be used to limit first amendment freedoms.

The correct way to do this is to repudiate the NRA Interpretation as a deliberate profit-driven distortion of the 2nd the way Lochner distorted the 14th. Don't carve out non-gun groups -- reimpose sane regulation of guns and ammunition. Leave room for honest sportsmen and home defense and send the other 95% of the NRA agenda back into the crapper where it belongs.

And because we've got this second amendment, that's the way it should be done - eliminate high risk outcomes. Target the people, places, and weapons likely to cause high risk of death and little real benefit for society. We stay well within the spirit of the law...which works well, because that's all there is in the Bill of Rights.

 

[Rover]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

Polling has barely moved on abortion in 40 years. I don't agree that there will be a decisive shift in favor of reproductive rights. The backwater will still legislate their thunder god stuff and everybody else will move on. It will still suck to be a woman in the deep south and prairie states, so the smart ones will move. Just like now.

This is one that will be rendered moot by medicine. AFAIK we haven't had a major advance in the efficacy of birth control in those 40 years. A "male pill" and a 100% effective "morning after pill" will end the issue for middle class people, at which point abortion will become a class vice of the poor and probably be recriminalized because that's how we roll.

It is satisfying, though, to see the thoroughly vindictive and hypocritical Texas law struck down. America stored some good karma today. We'll need it.

I'm not saying there will be a decisive shift. What I am saying is the right's 40 year campaign to chip away at Roe v Wade will be over. Lets be honest here, had it not been for two Gooper justices (Kennedy, Souter) royally screwing their patrons we wouldn't be at this point. But we are. Once the court codifies that all of these extraneous provisions are merely stalling tactics, which I expect a solid liberal majority to do, its a done deal. Knuckledraggers somewhat cleverly came up with outlawing abortion via zoning restrictions, which sidestepped the legality of the overall issue. Too cute by half apparently for the current SCOTUS. I'd expect a further rollback of restrictions when its not solely up to Anthony Kennedy to supply the deciding vote.

 

[Kepler]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

I'm not saying there will be a decisive shift. What I am saying is the right's 40 year campaign to chip away at Roe v Wade will be over. Lets be honest here, had it not been for two Gooper justices (Kennedy, Souter) royally screwing their patrons we wouldn't be at this point. But we are. Once the court codifies that all of these extraneous provisions are merely stalling tactics, which I expect a solid liberal majority to do, its a done deal. Knuckledraggers somewhat cleverly came up with outlawing abortion via zoning restrictions, which sidestepped the legality of the overall issue. Too cute by half apparently for the current SCOTUS. I'd expect a further rollback of restrictions when its not solely up to Anthony Kennedy to supply the deciding vote.

Presumably (hopefully) Clinton will nominate a justice who understands a woman is more than a man's portable uterus. One way to do that is to appoint, you know, a woman. A brilliant, 41-year old, liberal woman who can serve on the Court for 50 years. What more fitting tribute to Scalia than his successor undoing all his mischief?

I would love to see the Casey "undue burden" test abandoned and replaced by an unambiguous statement that a woman's right to choose, grounded in her 14th Amendment equal protection, shall not be abridged by any alleged "state interest" in reducing her to an incubator.

 

[The Sicatoka]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

Why are people that aren't the target so up in arms about Kepler's comments? Are you saying there are no bigots? Or is it hitting too close to home?

No, I'm saying some of the biggest bigots I've met are the anti-bigot bigots.

I ain't perfect, but < insert Matthew 7:3 here >.

 

[Kepler]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

No, I'm saying some of the biggest bigots I've met are the anti-bigot bigots.

I ain't perfect, but < insert Matthew 7:3 here >.

I think you're mixing up bigots and jerks.

A bigot is someone who doesn't like you sight unseen because of who you are.

A jerk is someone who doesn't like you sight unseen because of what you say.

Also: the traditional bigot response is they're the real victim.

(Of course, the traditional jerk response is the other guy is the real jerk. )