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US Supreme Court to overturn Roe vs Wade

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  • Posts: 0 [Deleted User]


    I don't understand how a potential overturn in caselaw such as Roe v. Wade has such a opiniated outcry here.It has no effect for any of you on these shores. Granted a few posters jump at the chance to ridicule the US policies. But it shows a bit of hypocrisy as your ducks aren't in a row on some instances.



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


    There's a branch of thought in Ireland that looks to American liberals for their cues, no suprise that the likes of Alan Kelly cut their teeth with Hilary Clintons camp.



  • Posts: 0 [Deleted User]


    Plenty of us have friends and family in the US.... And honestly, developed nations regressing in this way is something I would take note of, be it in the US, Poland or elsewhere. It's destabilising in the same way that Trump destabilised.



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


    I don't understand why people jump into a thread that they don't care about to question why people care about it.

    It's a discussion forum.



  • Registered Users Posts: 11,473 ✭✭✭✭Ush1




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  • Registered Users Posts: 202 ✭✭supermans ghost


    I’m curious, what would be your position on the death penalty be it here or in the USA.



  • Registered Users Posts: 862 ✭✭✭Sean.3516


    There is no right to privacy in the US Constitution. The Roe V Wade decision concocted one out of whole cloth based on the 4th and 9th amendments. Those deal with "unreasonable search and seizure" and unenumerated rights. Nothing to do with a generalised right to privacy that Roe based abortion rights on. It's not even clear what a right to "privacy" means since privacy means different things in different contexts.

    Men like women have no right to undergo "medical procedures" that intentionally result in the killing of another human being. The other problem with Roe is that it doesn't even bother to address whether abortion kills a human being (which is the rationale for laws against abortion.)

    You haven't bothered to address this either. If you think a law protecting innocent human life at the cost of individual autonomy (just like every law against murder) shouldn't exist then you have to argue why that life isn't worthy of protection. (Or why that which I'm calling a life isn't a life). Pro-choicers have no interest in doing this. They do an end-run around the argument by just writing the whole thing off as a "private medical decision".

    You shouldn't even think about arguing from the Equal Protection Clause until you've addressed those questions.



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


    Abortion doesn't result in the killing of a human being. This is just more right wing misinformation.

    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: 23,922 ✭✭✭✭One eyed Jack



    It’s true that any changes in law in the US in relation to some of these issues may have no direct impact on anyone here in Ireland, but, the relationship between laws in the US, and laws in Ireland, and how one influences the other, is unquestionable.

    If you look into the background of what led to the 8th Amendment in Ireland, it was directly influenced by the decision in Roe v Wade for example -


    As per sections 58 and 59 of the Offences against the Person Act 1861abortion was already illegal in Ireland. However, anti-abortion campaigners feared the possibility of a judicial ruling in favour of allowing abortion. In McGee v. Attorney General (1973), the Supreme Court of Ireland had ruled against provisions of the Criminal Law Amendment Act 1935 prohibiting the sale and importation of contraception on the grounds that the reference in Article 41 to the "imprescriptable rights, antecedent and superior to all positive law" of the family conferred upon spouses a broad right to privacy in marital affairs.

    The Pro-Life Amendment Campaign (PLAC) was founded in 1981 to campaign against a ruling in Ireland similar to Roe v. Wade. Prior to the 1981 general election, PLAC lobbied the major Irish political parties – Fianna FáilFine Gael and the Labour Party – to urge the introduction of a Bill to allow the amendment to the constitution to prevent the Irish Supreme Court so interpreting the constitution as giving a right to abortion. The leaders of the three parties – respectively Charles HaugheyGarret FitzGerald and Frank Cluskey – agreed although there was little consultation with any of their parties' ordinary members. All three parties were in government over the following eighteen months, but it was only in late 1982, just before the collapse of a Fianna Fáil minority government, that a proposed wording for the amendment was produced.

    https://en.m.wikipedia.org/wiki/Eighth_Amendment_of_the_Constitution_of_Ireland

    http://constitutionproject.ie/?p=717


    Personally, I think it’s premature to be getting excited about the contents of a draft opinion, but at the same time I know that whatever the outcomes of any decision, it will undoubtedly influence attitudes to abortion in Ireland as a consequence of influencing attitudes to abortion in the US.



  • Registered Users Posts: 8,239 ✭✭✭Pussyhands


    So the difference between a foetus and a baby is one is inside the body and the other is out?

    Is a foetus meaningless? Why are companies giving compassionate leave for miscarriages? Sure they have nothing to be upset over surely, if it's just a meaningless foetus? Why are death certs giving for dead foetii?



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  • Registered Users Posts: 862 ✭✭✭Sean.3516


    Feel free to explain why I'm wrong. It's why we're here. This ain't Twitter so use as many words as you want.

    What is an abortion? What does it result in?



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


    the deliberate termination of a human pregnancy, most often performed during the first 28 weeks of pregnancy.

    No mention of killing a human being there.

    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



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


    Do you know what really irks me most about this, is that the thing the conservatives are pissed off about is someone made a decision to release an opinion against the wishes of the body (lol) that has the fundemental right to make that decision.

    Like, the f*cking irony, lads.



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


    What gets me is that they turned into a bunch of toxic crybabies when asked to wear a piece of cloth over their mouths while spouting bollox about the right to bodily autonomy.

    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



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


    Ah, you want to play that game.

    I don't have a low opinion of those who have different views to mine, I have a low opinion of those who seek to deflect and chat inane sh*te with zero evidence or zero basis to back up said sh*te while celebrating 'owning the libs'.

    People can have all of the views they want, but I'm allowed to challenge them and have a discussion about it. If others decide they don't want to partake in said discussion in good faith, then that's on them.



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


    But it never loses them the Presidency though.

    A GOP candidate has never won the popular vote and lost the election.

    They have however lost the popular vote and won the White House multiple times .

    The GOP have only won the Popular vote for President once in the last 30+ years (GWB in 2004) and likely never will again given the demographic and population shifts in the US.

    The GOP will never ever support changing the Electoral college from it's current format - except of course their current attempts to allow GOP controlled States to over-rule results they don't like and send forward their preferred electors regardless of the will of the people.



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


    The rapid "balkanisation" of the US States that will come about if this comes to pass will have large global repercussions.

    If this passes , these same fringe players (the white evangelicals) will go after Gay Marriage Equality and Contraception next as they have already clearly espoused.

    Today, there are some differences between the States in terms of laws but all mostly manageable, but this has the power to make those differences absolutely huge and just drive further and further divisions between Blue and Red States.

    The collapse of the US as a functional unified entity absolutely categorically matters to the rest of the world.



  • Registered Users Posts: 862 ✭✭✭Sean.3516


    I don't disagree at all with your provided definition of abortion, so cleverly procured from Apple Dictionary.

    But I never said abortion was DEFINED as "the killing of a human being". I said it RESULTED in "the killing of a human being".

    That said, my claim withstands this definition of abortion. How does one deliberately terminate a pregnancy? They remove the foetus/unborn human from the womb. How does one do that? By either administering mifepristone and misoprostol if in 1st trimester. Pills which cause the foetus/unborn human to die and be expelled from the womb. If too late for that suction and curettage is used. The foetus/unborn human is physically destroyed and removed by use of a suction device and a tool called a "curette".

    All of these result in the "termination of pregnancy" as your definition says an abortion is. They not only result in but require the killing of the unborn human being involved.

    Your definition mentions abortions usually take place within 28 weeks of pregnancy.

    This is a human being that was born after 22 weeks of pregnancy.

    Do you agree that this is a human being? Would it still be a human being were it located inside the womb and/or potentially aborted? If not, then what's the difference?



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




  • Registered Users Posts: 83,413 ✭✭✭✭Overheal


    Is that you, Tucker Carlson?


    Googled your questions, first thing that came up it's a commemorative cert that some places offer. They're done only at request.

    What is a Certificate of Stillbirth?


    A Certificate of Stillbirth is a document issued by the State Vital Records Office only. It may be issued at the request of a parent of a stillborn fetus that reached at least twenty weeks gestation and died before birth. It is a commemorative document acknowledging the stillbirth. The certificate records the name of the stillborn child, the date and place of the delivery, and the parents’ names. It is also imprinted with the official state seal. The document cannot be used to prove identity, or for any other legal purpose.

    And?



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  • Posts: 13,688 ✭✭✭✭ Franco Fat Key


    As someone who is practicing law, do you fancy debating Roe vs. Wade?



  • Registered Users Posts: 862 ✭✭✭Sean.3516


    I'm not sure if you meant to show me elephant and dog foetuses. If you did, I'm not sure what point you were making.

    That all mammalian species look very different and underdeveloped during early gestation compared to when they're born? That unborn humans are equivalent to more primitive forms of life? I really don't know.

    Allow me to ask you a question. The post you quote asks: "Do these look like human beings capable of living on their own and making independent choices on their own lives?"

    Does this?

    How do you think it would fare if left to live on its own? Does it look capable of making "independent choices"?



  • Registered Users Posts: 83,413 ✭✭✭✭Overheal


    There is no right to privacy in the US Constitution. The Roe V Wade decision concocted one out of whole cloth based on the 4th and 9th amendments. Those deal with "unreasonable search and seizure" and unenumerated rights. Nothing to do with a generalised right to privacy that Roe based abortion rights on. It's not even clear what a right to "privacy" means since privacy means different things in different contexts.

    Thank you. This is a point I and many critics of the draft are getting at. This is the antithesis of what conservative voters want. Losing their own proclaimed rights to privacy.

    Men like women have no right to undergo "medical procedures" that intentionally result in the killing of another human being. The other problem with Roe is that it doesn't even bother to address whether abortion kills a human being (which is the rationale for laws against abortion.)

    Nor did the decision decide whether a fetus can even be considered "subject to the jurisdiction" of the United States? Certainly, the SCOTUS does not hold that a fetus has personhood.

    You haven't bothered to address this either.

    Was I ordered to? What about the Burger Court? Did they decide which way the appellants made their appeal in 1979 and what the question the parties brought before them even was? No, the Court decides which questions to take up and answer, but it doesn't write the questions.

    If you think a law protecting innocent human life at the cost of individual autonomy (just like every law against murder) shouldn't exist then you have to argue why that life isn't worthy of protection. (Or why that which I'm calling a life isn't a life). Pro-choicers have no interest in doing this. They do an end-run around the argument by just writing the whole thing off as a "private medical decision".

    You shouldn't even think about arguing from the Equal Protection Clause until you've addressed those questions.

    Weird Gatekeeping going on here. I wasn't aware speech was compelled now, I thought that was still free and at-will.

    Murder doesn't apply here. Neither murderer nor homicide victim cohabit the same symbiotic and organic being.

    You may as well demand that we urgently pass all laws stripping away all citizen privacies that we don't have the right to anyway, it turns out, in order to protect innocent children from a nonzero rate of sex abuse. Or as Scalia wrote once:

    ''There is nothing new in the realization that the Constitution sometimes insulates the criminality of a few in order to protect the privacy of us all.''

    In order to protect from child predators, I don't think most reasonable people, or even the best Qanon supporters out there, would agree we all must submit DNA to a federal database and be subject to facial recognition scans every 20 feet if you're out in public in order to catch the one of pedo a few times a year.

    Calling the logical conclusion of a reasoned position to be an "end run?" I don't follow. There is an Abortion Discussion on board over 30,000 posts long where lots of souls have come to swap stories that paint a very clear picture why a termination of pregnancy is not something you can just "ban." In general Savita Halappanavar is a prime example of why the procedures will always exist, even for happy mommies who love their precious babies who would love to bring them into the world if not for the fact the pregnancy was killing one or both of them. Etcetera. It is, matter of factly, a private medical decision.

    The Equal Protection clause would self-evidently defend the rights of the Person in this scenario, not the fetus, which does not have Personhood under the Constitution.



  • Registered Users Posts: 862 ✭✭✭Sean.3516


    So one can obtain an official certificate that acknowledges the death of an unborn child as long as the stillbirth occurred after 20 weeks gestation, yet in New York such a "child" could be aborted at request.

    If the mother were murdered in New York and the child died, the law would not regard it as a double murder. Hmmmm...



  • Registered Users Posts: 83,413 ✭✭✭✭Overheal


    What’s to Hmmmmm about? It’s a commemorative document with no legal meaning. It’s also something some states may do and some others may not; nothing in federal law I’m aware of stipulations the provision of such commemoration.



  • Registered Users Posts: 83,413 ✭✭✭✭Overheal


    The infant in the image is still umbilically tied to the mother? If not then the infant is functionally autonomous. The fact that it can be set down and walked away from (“abandoned”) evidences the fact. Constitutionally speaking it has personhood. Legally speaking this person is a minor and a dependent and it’s parents have legal status as such. Most of its statutory rights will be vested in the parents until they reach legal adulthood.



  • Registered Users Posts: 862 ✭✭✭Sean.3516


    Thank you. This is a point I and many critics of the draft are getting at. This is the antithesis of what conservative voters want. Losing their own proclaimed rights to privacy.

    Interesting you say "rights" to privacy. Plural. As I said, privacy can mean different things in different contexts. My point was that deriving a generalised right to privacy from the 4th and 9th amendments is nonsense. As for "what conservative voters want", my guess is if you were to weigh up overturning Roe against the non-existent right to privacy that comes from Roe, they'd overturn Roe. If you don't think so, then you do not understand conservative voters.

    Nor did the decision decide whether a fetus can even be considered "subject to the jurisdiction" of the United States? Certainly, the SCOTUS does not hold that a fetus has personhood.

    Yes. It's a state issue now. Perhaps one day the court could rule that abortion is unconstitutional, citing the Equal Protection Clause (on behalf of the unborn child). Some have argued that this would be correct. But this won't happen in the lifetime of this court.

    Was I ordered to? What about the Burger Court? Did they decide which way the appellants made their appeal in 1979 and what the question the parties brought before them even was? No, the Court decides which questions to take up and answer, but it doesn't write the questions.

    Irrelevant. They can consider what they like in the decision.

    Weird Gatekeeping going on here. I wasn't aware speech was compelled now, I thought that was still free and at-will.

    -Yawn- I'm not trying to compel you. I'm saying that your entire argument begs the question as to whether unborn humans are human beings worthy of rights and you and other pro-choicers seem completely uninterested in engaging in a discussion about whether or not that's actually true or not.

    Murder doesn't apply here. Neither murderer nor homicide victim cohabit the same symbiotic and organic being.

    That's an incoherent statement. A mother and unborn do not "cohabit" the same organic being. That's the wrong way to describe it. The mother is one organic being. The foetus is a separate organic being. The foetus happens to be inside the womb. Not sure how any of that is essential to the murderer/victim relationship. Worth noting the abortionist involved is regarded as the "murderer" in most anti-abortion legislation.

    You may as well demand that we urgently pass all laws stripping away all citizen privacies that we don't have the right to anyway, it turns out, in order to protect innocent children from a nonzero rate of sex abuse. Or as Scalia wrote once: 

    ''There is nothing new in the realization that the Constitution sometimes insulates the criminality of a few in order to protect the privacy of us all.''

    In order to protect from child predators, I don't think most reasonable people, or even the best Qanon supporters out there, would agree we all must submit DNA to a federal database and be subject to facial recognition scans every 20 feet if you're out in public in order to catch the one of pedo a few times a year.

    You're making the same mistake as the Roe V Wade decision. You're mistaking the right against "unreasonable search and seizure" in the 4th Amendment for a general right to privacy. You can't be forced to give your DNA to a government database for the same reason a cop can't search your house without either a warrant or probable cause.

    Calling the logical conclusion of a reasoned position to be an "end run?" I don't follow. There is an Abortion Discussion on board over 30,000 posts long where lots of souls have come to swap stories that paint a very clear picture why a termination of pregnancy is not something you can just "ban."

    It's an end run because you're writing abortion off as a "private medical decision" that the law has no business regulating without even engaging with the points of pro lifers that the unborn foetus is a human being worthy of the right to life.

    In general Savita Halappanavar is a prime example of why the procedures will always exist, even for happy mommies who love their precious babies who would love to bring them into the world if not for the fact the pregnancy was killing one or both of them. Etcetera. It is, matter of factly, a private medical decision.

    Great. Let's do this old routine where we stand on the grave of Savita Halappanavar and completely ignore the coroner's report which stated she died due to sepsis and medical incompetence that led to her sepsis being misdiagnosed and had it not been initially misdiagnosed, either an abortion wouldn't have been necessary or one would have been carried out in time to save her life because the 8th Amendment allowed abortions to save the life of the woman.



  • Posts: 17,378 ✭✭✭✭ [Deleted User]


    Everyone thinks it's great that the EU is so democratic and gives smaller states like Ireland a proper voice, but when the US does it, it's undemocratic.



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  • Moderators, Society & Culture Moderators Posts: 16,412 Mod ✭✭✭✭Manic Moran


    It comes down to the nature of the US as it was construed. Today, we would say refer to the US as “it” and say “the US is”, but that is a post-bellum convention. Prior to the Civil War, Americans would say that the US is “them” and the US “are”. (This was reflected in law at the time as well). The various states working together needed a forum to ensure that every individual State had equal worth in the matters relevant to the Federal Government, which itself was restricted pretty much to foreign affairs. It took until some time in the 20h century before the Federal government budget covered anything much other than defense and diplomatic issues, as everything else was for the states to deal with (10th Amendment).



This discussion has been closed.
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