So abortion is now illegal in Alabama...

Mar 30, 2014
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I think in a twist that'll surprise proponents of the law, when it hits the SCOTUS John Roberts isn't going to hear it to overturn Roe v Wade by citing Stare Decisis.
 
Mar 30, 2014
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Not a lawyer my dude, what does that mean?
Basically, it's precedent. Stare Decisis is the legal precedent that you'll hear some judicial nominees cite when they're asked specifically about Roe v Wade; it essentially means that the Court is bound by a previous decision that was handed down. In this case, Roe v Wade established that the right to abortions is covered under Article 1 of the 14th Amendment; it's actually a privacy decision. There's already established case law saying legislation like what Alabama just passed is unconstitutional.
 

Deckard

Stay UNITED 2014
Jul 26, 2012
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Trying to force the supreme courts hand on Roe vs Wade? Shit will hit the fan if the new conservative court strikes roe vs wade down.
 

Joe E

Proud Shitholer
Jul 29, 2012
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I think in a twist that'll surprise proponents of the law, when it hits the SCOTUS John Roberts isn't going to hear it to overturn Roe v Wade by citing Stare Decisis.
Or they could use the 10th Amendment. Challenge federal jurisdiction over the matter.
 

kenny black

Well-Known Moron
Jun 5, 2013
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Abortion is straight up murder does not matter how you cut it. You don’t want to take responsibility for your baby fine, send it to a foster home, but you don’t kill a baby under any circumstances, they are innocent.

If your going to kill some humans kill some pedophiles and other scum bags but not a baby at the beginning of its life.
 
Jun 10, 2013
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I think in a twist that'll surprise proponents of the law, when it hits the SCOTUS John Roberts isn't going to hear it to overturn Roe v Wade by citing Stare Decisis.
I wouldn't be surprised if Kavanaugh votes against it too - despite all the doom and gloom that libs spread about him, he's really only moderately right-leaning.

I'm no fan of abortion, but I wouldn't have pushed to challenge Roe until after RBG had kicked the bucket.
 
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Mar 30, 2014
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I wouldn't be surprised if Kavanaugh votes against it too - despite all the doom and gloom that libs spread about him, he's really only moderately right-leaning.

I'm no fan of abortion, but I wouldn't have pushed to challenge Roe until after RBG had kicked the bucket.
I wonder if they're choosing now in the event the GOP loses the Senate/Executive next year and RBG retires and gets replaced by a 40-something liberal.
 
Mar 30, 2014
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Or they could use the 10th Amendment. Challenge federal jurisdiction over the matter.
It still has to be heard by the SCOTUS for that to be the argument. This will be really hard to explain on my phone because it's a convoluted legal process; but if the SCOTUS uses the stare decisis justification, they would essentially be saying that "this was decided in 1973, we're not revisiting it."

Additionally, I think the 10th Amendment argument is a slippery one to use. The actual jurisprudence behind Roe v Wade is, like I said, the 14th Amendment, it's based on the right to privacy. Its not the act of abortion per se that's legalized; abortion is already regulated on a state by state basis, that's why some states have much more restrictive laws on it. Roe v Wade establishes that that the procedure itself can't be outlawed, because it's a medical procedure and a person has a right to privacy wth their medical affairs from the government.

I would be wary of using the 10th Amendment because if you use it to challenge the 14th, it opens the door to other potential actions: say, for example, a state like California or New York want to create a mental health registry to prevent people with specific diagnoses from owning firearms. Right now that's impossible, it's a violation of the 14th Amendment guarantees to privacy. If Roe v Wade is overturned on those grounds, you open the door to states using it as justification for much more restrictive gun control. That's one potential outcome I could see from it.
 
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