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US Supreme Court to overturn Roe vs Wade

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  • Moderators, Politics Moderators, Social & Fun Moderators Posts: 15,593 Mod ✭✭✭✭Quin_Dub


    Well - There's the two "versions" of the Filibuster , both of which should go BTW.

    There's the version you describe where as long as they keep talking they can run out the clock on a legislative session thereby preventing a vote being taken , in fact in a lot of cases they don't even have to put in the work of standing there and talking , they can simply send an email saying they wish to object and that's it, no vote happens.

    That is objectively nonsense and has no place anywhere under any circumstances , it's beyond infantile.

    The other variant is the 60 vote threshold in the Senate which means that either side need to get at least 5 or 6 from the other side to agree with them and it's currently a 10 vote margin.

    That one is a little less ridiculous , but given the grossly uneven nature of the Senate Representation where the tiniest of States get 2 Senators leading to crazy imbalances** , it has become a weapon for the minority and not the "consensus building" tool it was supposed to be.

    So it needs to go too.


    ** I mean look at Wyoming for example, they only have 1 seat in Congress because of its tiny population but they still get 2 Senators!



  • Registered Users Posts: 32,136 ✭✭✭✭is_that_so


    The point about the contrast between the EU (and other places where it is legal) v the US is that the question has been resolved and put to bed. It's really far less about how it works legally. This will not need to be addressed again but they'll still be trotting up to the SC in another 100 years.

    Part of concern about those restrictive US abortion laws, is the chance of criminality being tacked on to the laws for women who travel outside their state. There are also people who would gladly undo a wide range of other rights if they could, off the back of this.



  • Registered Users Posts: 16,569 ✭✭✭✭Loafing Oaf


    There's the version you describe where as long as they keep talking they can run out the clock on a legislative session thereby preventing a vote being taken , in fact in a lot of cases they don't even have to put in the work of standing there and talking , they can simply send an email saying they wish to object and that's it, no vote happens.

    But where they do have to filibuster in the traditional sense how does it work? Is it like Just a Minute where they have to talk about the subject at hand for sixty seconds "without hesitation, repetition or deviation"? Except substitute hours for seconds...



  • Registered Users Posts: 13,186 ✭✭✭✭jmayo


    Ehh I am confused?.

    Surely you mean lots of guns in blue states ?

    Also how are you bringing in "stare decisis" as I thought the decision here on revoking Roe v Wade was based on fact there was no right given for abortion in constitution in the first place ?

    Likewise with rights to same sex marriage, birth control, inter racial marriage, etc.

    I am not allowed discuss …



  • Registered Users Posts: 1,648 ✭✭✭wench


    How would you propose to establish the right of a rape victim to an abortion?

    Is her say so enough? A police report? A trial? A conviction?



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  • Registered Users Posts: 13,583 ✭✭✭✭Igotadose


    You are correct, Alito used the 'it's not in the constitution' argument. This is farcical reasoning. Women weren't in the Constitution. Slaves were in the constitution. Lots of stuff the USSC rules on isn't in the constitution. But, Alito specifically called out abortion as not being in and hence, no previous decisions about it matter (e.g., Roe.) So, previous decisions don't matter wrt to all sorts of things around the 2d amendment (for example, DC vs. Heller).


    Here's a comparison - Dred Scott. The court passed this awful opinion but they used *what was in the Constitution* as the basis for it's reasoning, and once the... (forget the numbers) 13/14th/15th amendments were passed, Dred Scott became invalidated. Roe v. Wade (and Planned Parenthood v. Casey) were invalidated because 'it's not in the Constitution.' The Constitution is 230+ years old, lots of stuff the USSC rules on is based on previous USSC decisions. Lots of things State courts rule on, are based on the previous State court decisions. This ruling is a repudiation of that practice. Good luck, US Democracy.



  • Registered Users Posts: 895 ✭✭✭FlubberJones


    Just another reason for me to dislike the US, any country that can elect an absolute IDIOT like Trump is all kinds of wrong... and that fat orange IMBECILE leaves a legacy like this... what c*nt of a man and country.



  • Registered Users Posts: 9,348 ✭✭✭nozzferrahhtoo


    Just to be clear: What exactly do you mean by "feel pain" and "lots of pain" and what is your evidence that this is in fact the case?

    I am not sure the consensus is quite that muddled. Let's take the first link you provided to explain what I mean.

    The comment from GalwayGuy35 is related to the fetus "Feeling" pain. That is, I assume, that it actively experiences that pain and suffers subjectively as a result.

    The link you provide however says absolutely nothing about any of that. Rather the link is about how the fetal response to pain stimuli has potential negative long term effect.

    They say it well inside the study "In other words, concern over whether pain can be perceived by a person who does not yet have a mature, conscious awareness, has obscured actual evidence that an immature person’s physiology is changed by pain."

    In other words the link you have provided is predominantly about how prevention of pain stimulus during development is a good thing to do because, despite the fact that the fetus does not subjectively EXPERIENCE any of that pain.... the biological system itself does. So if we plan to develop the fetus to term and create a human being... we would do well to prevent such pain stimulus.

    As I understand it, though I requested clarification, GalwayGuys point is entirely about the EXPERIENCE of pain in the fetus. Not the physiological effects of pain stimulus on a fetus.

    That said though, the vast majority.... in fact given numbers as high as +98% the near totality.... of elective abortion happen in or before week 12 and certainly by week 16. It is alas only the more rabid of anti choice speakers who constantly make it about later and later term abortions which generally and predominantly only happen due to medical or other necessity. So AT BEST GalwayGuys point.... even if true..... is an argument for using pain medication during such late term abortions to ensure the unavoidable termination of the fetus causes no suffering.



  • Registered Users Posts: 434 ✭✭tooka


    complete lies

    the Dems regularly controlled congress the president and Supreme Court and dept of justice and the biggest and most richest states and cities

    if America is in decline it is because of the dem party. Lefties with their woke and socialist bullsh1t always ruin everything



  • Moderators, Category Moderators, Science, Health & Environment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 38,898 CMod ✭✭✭✭ancapailldorcha


    Would you like to make a reasoned argument instead of the usual rabble rousing about woke and socialism?

    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



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  • Registered Users Posts: 9,348 ✭✭✭nozzferrahhtoo


    For such a short post there is quite a number of issues with it. Let me deal with the main ones.

    One issue is the concept of "Don't want to be pregnant? Don't have sex.". The simple fact is that life does not work that way. People have sex. The drive to have it is deep. We see the results inside many marriages when sex goes away for example. Further this "abstinence" approach to contraception has been shown in studies to result in anything but less unwanted pregnancies. It can even result in more.

    A second issue with that same statement however is a rather misleading assumption it contains. Which is that all the people seeking abortion do so due to an unwanted pregnancy. Many people are having sex BECAUSE they want to get pregnant. But having become pregnant something in the narrative or their circumstances changes and they realise the pregnancy, or parenthood, is no longer tenable. They lose a job. The man they became pregnant with leaves them. They become ill. They suffer a life trauma. They become homeless. Etc etc etc. So this argument, oft levelled against abortion, that people who do not want pregnancy should simply not have sex misses a whole cohort of people out who actually did want to get pregnant but their situation subsequently changed.

    A third issue with your post is about rape. A lot of people suggest rape should be an exception to otherwise banning abortion. The user ArthurDayne has already above described how that argument is morally problematic and inconsistent intellectually. So I will not cover his ground again. But it is FUNCTIONALLY untenable too. How are we to establish rape in order to allow abortion? Simply take her word for it? In which case you are FUNCTIONALLY no different to free choice abortion anyway. Or should we demand a rape conviction? By the time one is obtained we would be well past the abortion cut off rate. Or should we demand merely a police report? That would be a functional minefield too. And on top of all of that it would maybe also incentivise false rape accusations by women desperate to obtain an abortion. Or will force women to go through the process of reporting a rape.... when in fact many women who suffer that heinous crime actively decide not to do so and to simply try to get on with their lives. A decision we may not agree with but is their to make none the less.

    Do we really want to ruin the lives of women and men in this way, all in deference to a blob of biological matter that is months away from anything remotely like personhood or consciousness? I sure don't. YMMV. I seem to remember, though I would have to go look for it, that one user of this forum even suggested women should have to go before a "panel" in the hospital and convince them she was in fact raped. What an awful scenario to suggest.



  • Registered Users Posts: 11,146 ✭✭✭✭Foxtrol


    The idea of removing the 60 vote filibuster sounds great until you get a conservative trifecta and they bring in a national ban on abortion, same sex marriage etc.

    I understand the hesitancy to remove it, given the rigged structure of the Senate in its current form it will be tougher for the Democrats to get even to 50 votes for marginal policy wins than it will for Republicans to get to 50 votes for some of the worst elements of their policies, that is supported by their base.

    It isn't surprising that those who are the biggest cheerleaders for abolishing it are the same folk that historically had the least foresight of how their actions for short term purity gains can have terrible long term consequences (e.g., not fully supporting Clinton in 2016). Any change to the filibuster is impossible at this point due to the Senate makeup but if a change was to be made for it to have a chance of not blowing up in the faces of the democrats it would need to be done at the same time as making DC and PR states and packing the SC.



  • Registered Users Posts: 13,583 ✭✭✭✭Igotadose




  • Registered Users Posts: 7,075 ✭✭✭timmyntc


    The point about the contrast between the EU (and other places where it is legal) v the US is that the question has been resolved and put to bed

    No it hasnt. Abortion laws have been changing a lot in EU members. Poland for example has recently become more restrictive on abortion, not less. Even in this country theres still a bit of churn behind the scenes regarding provision of abortion services , how much/to what extent. Its far from a settled debate anywhere really



  • Registered Users Posts: 11,146 ✭✭✭✭Foxtrol


    Not that you'll care, as you're obviously happy to gobble up the right wing media lies, but basically none of that is factually true if you're trying to connect the dots that you are.



  • Registered Users Posts: 32,136 ✭✭✭✭is_that_so


    Politically it is in decline because it has a dubious electoral system exploited by both sides. Gerrymandering actually goes all the way back to Elbridge Gerry, a founding father. He started the game in Massachusetts in 1812, allegedly reluctantly. Redistricting as they also call it is the way to maintain that status quo in order to be able to drive their respective agendas.



  • Registered Users Posts: 32,136 ✭✭✭✭is_that_so


    But it's still available in all those countries which allow it and really no longer a societal issue to be challenged legally for the vast majority of countries. Poland is a bad example and has been playing silly buggers with all sorts of legal areas, so much so that they are on a daily fine from the EU.



  • Registered Users Posts: 83,412 ✭✭✭✭Overheal


    Jesus if you need proof of this go talk to them. Here I am Yesterday getting replied to one:

    Nobody seems interested in what happens with the child minutes after it’s born, “it’s a whole different issue” nothing at all to do with reproduction, oBvi0usly.



  • Moderators, Politics Moderators, Social & Fun Moderators Posts: 15,593 Mod ✭✭✭✭Quin_Dub


    No , they literally just have to stand up in the chamber and have "words" exit their pie-hole , that's it.

    What they say is utterly irrelevant - Ted Cruz once read "Green Eggs and Ham" by Dr. Seuss during his filibuster attempt.



  • Registered Users Posts: 3,826 ✭✭✭monkeybutter


    its not though, laws can be changed, its no different in the US, in fact if it was a law it would have been changed already in the US, you just need to wait for someone to literally die before you can get a chance to change the supreme court

    You get the Prez, congress the senate and the supreme court in a sequence, then good night



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  • Registered Users Posts: 13,583 ✭✭✭✭Igotadose


    Laws start in either Congress or Senate, go back and forth, are voted on, then put in front of the President to sign (or veto.) Then, if challenged, after some time they might be in front of the USSC. The USSC might choose to review the challenge, or not.



  • Posts: 0 [Deleted User]


    And Poland has faced substantial international and domestic criticism for doing so. Reverting the Roe V Wade decision exists solely to allow for states to push regressive policies.



  • Registered Users Posts: 83,412 ✭✭✭✭Overheal


    Because Roe v Wade, Panned Parenthood v Casey, etc. are all existing rulings. Stare decisis applies to them.



  • Moderators, Politics Moderators, Social & Fun Moderators Posts: 15,593 Mod ✭✭✭✭Quin_Dub


    Democrats control the biggest and richest states

    And how/why exactly is it they are the "biggest and richest" if the Democrats ruin everything???

    Lefties ruin everything

    And yet , the US Economy does better under Democrat party leadership by every single critical measure than it does under Republicans

    Better Job Growth, Better GDP , Lower Deficits , High Stock Market Growth , Lower Unemployment , all of it.

    Every. Single. Measurement.



  • Registered Users Posts: 83,412 ✭✭✭✭Overheal


    You’re talking nonsense.

    You weren’t even alive the last time there was a democratic majority on the Supreme Court.

    during Obamas 8 year term, Congress was controlled by the GOP for 6 years. For less than 2 of those years, the democrats had a “majority,” then, a senator resigned about a year in, etc. and the chamber became split. They still had to overcome filibuster issues to pass the affordable care act in 2009, when they ostensibly won control of the presidency and both chambers

    Here even, Biden still doesn’t have a full congress. They have the house yes but the senate is held by 48 democrats and 2 independent senators that caucus with them, there are 50 Republican senators still, and the tie breaking vote is the VP

    If you want to go back to the e bush era as well, Dems only managed to get congress for his last 2 years. This led to gridlock where GWB kept vetoing bills

    I’m eager to know when you think Dems last controlled everything.



  • Registered Users Posts: 83,412 ✭✭✭✭Overheal


    FTR the Supreme Court of the United States acronym is SCOTUS, not USSC. The USSC is the United States Sentencing Commission.



  • Registered Users Posts: 32,136 ✭✭✭✭is_that_so


    They can but are unlikely to. The rest of the world who provide such rights have accepted this is a necessary right. The US is a democracy in name only and yes you are right there are a lot of politics at work in their highest court. Abortion is covered by the 14th, the right to privacy. The last major amendment they had was in 1971, we've had about 30 proposed and passed since then.



  • Registered Users Posts: 3,826 ✭✭✭monkeybutter


    I know how it works, I watched the simpsons

    if you get them all on one side of the fence, well anything goes

    its the reason for all the shitthousery, its setup to not work



  • Registered Users Posts: 3,826 ✭✭✭monkeybutter


    They thought it pretty unlikely in the US until a few days ago



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  • Registered Users Posts: 32,136 ✭✭✭✭is_that_so


    Oh, it's always been hovering in the background in the US, a lot more in recent times with the swing of the courts to the right. Like ourselves, other countries would have legislated for it and the majority of political parties support that right so it's doubtful it would change elsewhere.



This discussion has been closed.
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