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US Supreme Court to overturn Roe vs Wade

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  • Registered Users Posts: 83,407 ✭✭✭✭Overheal


    Neither does Chief Roberts, who even declined to appear before the Impeachment concerning that




  • Registered Users Posts: 83,407 ✭✭✭✭Overheal


    NYT maps the Trigger Law effect

    If things get Handmaids Tale here we were already starting to site moving to Virginia. My wife has a severe heart condition that would effectively guarantee a pregnancy is a death sentence. So far, no talk of South Carolina trying to criminalize traveling out of state for one, like some other States seem to be doing, like Texas.



  • Registered Users Posts: 23,246 ✭✭✭✭Dyr


    Should I go back through this thread to make sure the posters who've been harping on about insurrection for the last year are equally vocal about a draft ruling from Americas highest court being leaked to the press?

    I assume we're all in agreement that the perpetrator of this outrage needs to be found and face the maximum punishment for such an act. 😂



  • Registered Users Posts: 83,407 ✭✭✭✭Overheal


    Really not following the effort hear to equivocate between a draft being leaked to the Press and bombs being leaked to the Capitol grounds, and gallows, and weapons, and rioters.

    Not even sure what the "punishment" is for talking to the Press. It is marked "Circulated" not "Confidential." At best, I'd note only that it may be a crime to lie to an FBI investigator if they come asking if you leaked the document to the press. (18 USC § 1001)

    And, that perp the Republicans want to hunt down may be a Friendly,

    The WaPo similarly analysed the situation as overblown. (Remember when the same group told us Hillary Spygate was the biggest scandal in all the world and then Durham had to call them back and be like, WTF are you talking about?)

    Not long after the historic leak Monday night of a draft Supreme Court opinion that would overturn the right to abortion established in Roe v. Wade, the calls began for the U.S. Justice Department to identify and criminally charge the leaker.
    But while the leaker or leakers might face professional consequences — such as getting fired or losing their law license — legal analysts say they will almost certainly not face any criminal exposure, provided they had legitimate access to the document.

    (Link Free to Read until June)



  • Moderators, Politics Moderators, Social & Fun Moderators Posts: 15,589 Mod ✭✭✭✭Quin_Dub


    Equating leaking a document to violent affray in the National Capitol with a view to overturning a democratic election - Interesting.

    Not sure what laws may or may not have been broken by leaking this , but also not sure if they would be protected under "whistle-blower" type legislation.

    It's hardly an "outrage" that it was leaked , it will be an "outrage" if they vote to make it official though certainly.

    To be honest I think it would be better all round for their deliberations to be in public , or at least publicly available for review.

    Pretty sure all of them would have been asked during their confirmation hearings about their views on Roe vs. Wade - certainly the Trump era ones were , but I suspect that it came up for each of the others as well.

    It's hard to take the view that Alito , the author of the leaked opinion changed his mind recently to come to the conclusions that he is coming to in the opinion. The way they are voiced they are clearly long and deeply held views.

    They all claimed that it was "settled precedent" and that they saw no justification for over-turning it. You could maybe argue that the longer serving Justices have altered there opinions since their confirmation , but that cannot be the case for Gorsuch, Kavanaugh and Coney-Barrett.

    There's a clear case for potential perjury there - Now that would be an "outrage"



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  • Registered Users Posts: 40,232 ✭✭✭✭Boggles


    How in the name of Jesus Títty Christ did you think they were comparable? 😕



  • Registered Users Posts: 83,407 ✭✭✭✭Overheal


    It's hardly an "outrage" that it was leaked , it will be an "outrage" if they vote to make it official though certainly.

    That's very likely to happen. In one theory above, a Republican law clerk might have leaked the draft to "lock in" the draft decision-making of the court. If the Court makes any changes to its decision making past today, it looks like political manipulation. Nevermind the fact that other draft opinions were not leaked alongside this - reportedly Roberts authored his own opinion he was looking to curry votes for which would have been more moderate in its decision making. The theorycrafter asked why a Democratic clerk would have waited 2+ months to share the document.



  • Moderators, Category Moderators, Science, Health & Environment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 38,896 CMod ✭✭✭✭ancapailldorcha


    Or you could just start a thread instead of deploying the standard whataboutery in order to shut down criticism of the US right.

    The foreigner residing among you must be treated as your native-born. Love them as yourself, for you were foreigners in Egypt. I am the LORD your God.

    Leviticus 19:34



  • Registered Users Posts: 434 ✭✭tooka


    I don’t get the outrage here

    my understanding is that each state will now decide on how the issue is handled

    and the very few, If any, states that criminalise you just pop Over the border

    can someone explain to me in very simple language why this is an issue?

    is it a money matter?

    ta



  • Registered Users Posts: 23,246 ✭✭✭✭Dyr


    Hmm..attempting to subvert a decision of the highest court in USAland is not an issue for our our resident law and order brigade.

    Who's suprised by this? 😂



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  • Registered Users Posts: 2,109 ✭✭✭Glaceon


    “radical socialist marxist agenda”

    This is something that really annoys me about US politics. Of the two party system, neither are aligned to the left. You’ve a centre right or right party, and an extreme right party. But I guess to the extremists, even a centrist option seems to be too radical.



  • Registered Users Posts: 83,407 ✭✭✭✭Overheal


    @tooka "and the very few, If any, states that criminalise you just pop Over the border"

    This isn't Ireland, and none of those states have codified a right to travel elsewhere. Quite the opposite in fact, some Trigger Laws are already poised to criminalize seeking Out-of-State services.

    "Popping over the border" will by intention, not be an option.



  • Registered Users Posts: 4,072 ✭✭✭joseywhales


    I live in Maine so I guess Collins is my senator. All I have to say is that Maine being a purple state with a strong blue huge, is that the democrats screwed up massive when putting Sara Gideon up against Collins. They will never ever vote for a non native. I mean the place is so xenophobic(in terms of the state) that you can't claim to be a mainer by just being born here, you must be multi generational and yet the Democrats put a lady from rhode island against Collins.



  • Registered Users Posts: 83,407 ✭✭✭✭Overheal



    We don't know who leaked it. Could very well have been a Republican Law Clerk looking to ensure this Draft was locked in as the final decision. Therefore, if this truly is a Subversion of the Supreme Court of the United States, Republicans may have a lot to answer for. Since we have no idea who leaked it or what their motivations were, if any (it's still entirely possible the leak was accidental). We may know who or how it got leaked within a couple days anyhow. Far from not discussing it though, it has indeed been discussed as one of the issues prevalent in this topic. I had just got done talking about it (Post #189) when you complained a few minutes later about nobody talking about it (#192).



  • Registered Users Posts: 434 ✭✭tooka


    I don’t believe you, I lived in the states for a good few years and moved around with no issues

    explain to me how If for example a Texan wants an abortion she can’t go to Arizona for one.

    but I would be very surprised if any state banned abortion. I get people love drama and giving out and complaining and fighting the ‘system’ but there is no issue here, abortion will continue unaffected and millions will still be carried out

    no worries



  • Registered Users Posts: 693 ✭✭✭cheezums


    crazy they are actually doing it, honestly took me by surprise. so it's a state issue now - 20 something states will ban it, also talk of banning inter state travel for an abortion. cue mass migration to and from blue and red states dividing america even more. they really are in a terminal decline over there. it's sad to see.



  • Registered Users Posts: 434 ✭✭tooka




  • Registered Users Posts: 693 ✭✭✭cheezums




  • Registered Users Posts: 434 ✭✭tooka


    You know nothing about the states of you think this. Florida is more likely to become a destination for abortion tourism



  • Registered Users Posts: 648 ✭✭✭MakersMark


    Huge chance that thus leak was organised by the left side of the bench to get out the Democratic vote this November.


    The average Democrat was going to stay at home for these mid terms due to perceived Biden failures.



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  • Registered Users Posts: 7,661 ✭✭✭volchitsa


    Well, for one thing, because in an emergency, there won't be time to go to another hospital, never mind another state.

    For instance, in Missouri (one of the states expected to ban abortion if RvW is removed) there is currently a bill which effectively bans abortion for ectopic pregnancy:

    Section A.3. The language here makes all abortion after 10 weeks illegal. ... the next two lines are what drew even more outrage online as the language appears to conflate treating ectopic pregnancy with abortion, hence making treatment of ectopic pregnancy a class A felony.

    In an ectopic pregnancy, the woman is at risk of dying if treatment is not immediate. She can't just mosey along to Arizona, or wherever.



  • Registered Users Posts: 7,661 ✭✭✭volchitsa


    There are already 22 with abortion bans already in place ready to go if Roe v Wade is lifted.

    https://www.thetimes.co.uk/article/us-supreme-court-votes-to-overturn-roe-v-wade-zxj3fqgkf

    At least 22 states have anti-abortion laws in place that will come into effect if the court formally strikes down Roe v Wade. A further four states are set to ban abortion in the coming weeks, with the 26 in which the procedure will be effectively outlawed ranging from Idaho in the north west to Florida in the south east.



  • Registered Users Posts: 434 ✭✭tooka


    no American state will ban abortion

    no state will make illegal abortions where the mothers life is in danger , won’t happen and it is ridiculous to say it will

    now some states may use this decision to legally discourage abortions, they might reduce time limits, they might defund planned parenthood etc

    but abortions will still exist so please stop this handmaid tales rubbish



  • Registered Users Posts: 83,407 ✭✭✭✭Overheal


    You don't have to believe me, you can just look at these states own Trigger (and TRAP) Laws. These aren't theoretical laws, or bills, waiting in the wings to be rushed through statehouses, they already passed, and are legislatively designed to become legally enforceable when the Trigger becomes active: the repeal of Roe vs Wade.

    You're free to travel, but some States have already or will legislate to criminalize seeking an out of state abortion. Texas already awards plaintiffs $10,000 if they successfully prove someone went out of state for one.

    Link here charts the effect of these Trigger Laws when they become active.

    Highlights

    • 23 states have laws that could be used to restrict the legal status of abortion.
      • 9 states retain their unenforced, pre-Roe abortion bans.
      • 13 states have post-Roe laws to ban all or nearly all abortions that would be triggered if Roe were overturned. 
      • 9 states have unconstitutional post-Roe restrictions that are currently blocked by courts but could be brought back into effect with a court order in Roe’s absence.
      • 7 states have laws that express the intent to restrict the right to legal abortion to the maximum extent permitted by the U.S. Supreme Court in the absence of Roe.
      • 4 states have passed a constitutional amendment explicitly declaring that their constitution does not secure or protect the right to abortion or allow use of public funds for abortion.
    • 16 states and the District of Columbia have laws that protect the right to abortion. 
      • 4 states and the District of Columbia have codified the right to abortion throughout pregnancy without state interference.
      • 12 states explicitly permit abortion prior to viability or when necessary to protect the life or health of the pregnant person.

    You may be entirely correct that abortions will proceed unabated, but it means that in many cases, Americans will be marred as Illegals for doing so. Conservatives have shown very few reservations about how far they are willing to go to "protect the life of the unborn" even if that means channeling some totalitarianism. "I don't believe you" yet the Law in Texas says I can get $10,000 for ratting on a girl getting an abortion out of state.

    And yes, this SCOTUS was already happy with the plan


    Sec.A171.207.AALIMITATIONS ON PUBLIC ENFORCEMENT. (a)AANotwithstanding Section 171.005 or any other law, the requirements of this subchapter shall be enforced exclusively through the private civil actions described in Section 171.208. No enforcement of this subchapter, and no enforcement of Chapters 19 and 22, Penal Code, in response to violations of this subchapter, may be taken or threatened by this state, a political subdivision, a district or county attorney, or an executive or administrative officer or employee of this state or a political subdivision against any person, except as provided in Section 171.208.

    (b)AASubsection (a) may not be construed to: (1)AAlegalize the conduct prohibited by this subchapter or by Chapter 6-1/2, Title 71, Revised Statutes; (2)AAlimit in any way or affect the availability of a remedy established by Section 171.208; or (3)AAlimit the enforceability of any other laws that regulate or prohibit abortion. Sec.A171.208.AACIVIL LIABILITY FOR VIOLATION OR AIDING OR ABETTING VIOLATION. (a)AAAny person, other than an officer or employee of a state or local governmental entity in this state, may bring a civil action against any person who: (1)AAperforms or induces an abortion in violation of this subchapter; (2)AAknowingly engages in conduct that aids or abets the performance or inducement of an abortion, including paying for or reimbursing the costs of an abortion through insurance or otherwise, if the abortion is performed or induced in violation of this subchapter, regardless of whether the person knew or should have known that the abortion would be performed or induced in violation of this subchapter; or (3)AAintends to engage in the conduct described by Subdivision (1) or (2). (b)AAIf a claimant prevails in an action brought under this section, the court shall award: (1)AAinjunctive relief sufficient to prevent the defendant from violating this subchapter or engaging in acts that aid or abet violations of this subchapter;(2)AAstatutory damages in an amount of not less than $10,000 for each abortion that the defendant performed or induced in violation of this subchapter, and for each abortion performed or induced in violation of this subchapter that the defendant aided or abetted; and (3)AAcosts and attorney ’s fees. (c)AANotwithstanding Subsection (b), a court may not award relief under this section in response to a violation of Subsection (a)(1) or (2) if the defendant demonstrates that the defendant previously paid the full amount of statutory damages under Subsection (b)(2) in a previous action for that particular abortion performed or induced in violation of this subchapter, or for the particular conduct that aided or abetted an abortion performed or induced in violation of this subchapter. (d)AANotwithstanding Chapter 16, Civil Practice and Remedies Code, or any other law, a person may bring an action under this section not later than the fourth anniversary of the date the cause of action accrues. (e)AANotwithstanding any other law, the following are not a defense to an action brought under this section: (1)AAignorance or mistake of law; (2)AAa defendant ’s belief that the requirements of this subchapter are unconstitutional or were unconstitutional; (3)AAa defendant ’s reliance on any court decision that has been overruled on appeal or by a subsequent court, even if that court decision had not been overruled when the defendant engaged in conduct that violates this subchapter;

    SB 8 is Texas state law. How much more proof do you need for your personal belief?




  • Site Banned Posts: 12,341 ✭✭✭✭Faugheen


    This makes zero sense because the final decision was going to be released before the Mid Terms anyway.

    I'd bet both my bollocks it was leaked by a staffer on the conservative side of the bench, because now if it changes then everyone just blames political pressure or whatever excuse they have. By leaking this then it more-or-less locks it in.

    Hardly beneficial for the Democrats, is it?



  • Registered Users Posts: 23,732 ✭✭✭✭pjohnson


    The laws are already in place ready to become active.



    How the héll are you guys so perma detached from reality.



  • Registered Users Posts: 434 ✭✭tooka




  • Site Banned Posts: 12,341 ✭✭✭✭Faugheen


    It's generally what happens when their modus operandi is to own the libs.



  • Registered Users Posts: 83,407 ✭✭✭✭Overheal


    Respectfully, you look foolish here telling others they know nothing about what's going on here.

    The abortion landscape is already rapidly changing. The GOP clearly know this decision was coming

    They passed the bill in the statehouse 3 days before the draft, dated february 20.

    DeSantis signed it less than 3 weeks ago. It is state law now.



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  • Registered Users Posts: 23,732 ✭✭✭✭pjohnson


    Its kinda hilarious tbh.

    It completely undermines whatever edgy point they are trying to claim, and then they complain about "lefties" talking down to them.



This discussion has been closed.
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