News for hackers. Stuff that matters.
Re:The Contractual Impossibility of Unwinding Disney’s Reedy... by PaulDavisThe1st on Friday April 29, 2022 @01:57PM (#31208595)
That's a very particular reading of a very particular poll. Contrast with a Gallup poll from more or less the same time frame:

https://news.gallup.com/poll/1576/abortion.aspx

"Would you like to see the Supreme Court overturn its 1973 Roe v. Wade decision concerning abortion, or not?"

No: 58% Yes: 32% No opinion: 10%

You can slice and dice the court of public opinion many different ways to demonstrate support for your preferred position on abortion (as with many other things). That doesn't mean that "conservatives are trying to roll back the law to reflect the culture" (emphasis mine). It means that they have an idea of what the culture should be, and are trying to make it so (like everyone else who is trying to accomplish anything politically).

Re:The Contractual Impossibility of Unwinding Disney’s Reedy... by rayiner on Friday April 29, 2022 @03:15PM (#31209507)
Wait—who is “slicing and dicing” the polling here? The main political debate right now is over where to draw the line for elective abortions. Texas draws it at 8 weeks, Mississippi at 15, and Roe at 22-24.

Asking people a question framed in terms of weeks or trimesters produces a much more accurate reflection of the culture than asking them about a legal decision that most people have never read. Most people think that “overturning Roe” means “banning abortion nationwide.” Maybe you think that’s where Republicans are headed with this. I think it would be equally fair to say, given recent laws passed in New York and Colorado, that Democrats want legal abortion until the moment of birth (and after that if the abortion was unsuccessful).

But the actual legal issue in play right now are 8 weeks, 15 weeks, or 22-24 weeks. And public opinion is much closer to what republicans have enacted on those numbers than what Roe requires.

Re:The Contractual Impossibility of Unwinding Disney’s Reedy... by PaulDavisThe1st on Friday April 29, 2022 @03:21PM (#31209570)
Your entire comment is slicing and dicing. Making claims about what is "a more accurate reflection of the culture" is slicing and dicing.

Just stand up for what you believe in. Stop trying to speak on behalf of "the culture" which is in most ways not accurately knowable, and even if it was, is of dubious significance. Most major shifts in societies (not all, but most) occur in opposition to "the culture".

Re:The Contractual Impossibility of Unwinding Disney’s Reedy... by rayiner on Friday April 29, 2022 @04:58PM (#31210514)
> Making claims about what is "a more accurate reflection of the culture" is slicing and dicing.

You don't think it's possible to get a gist of what the public thinks generally? Most Americans (60%) think that abortion should be "generally legal" in the first trimester, while only 28% think that it should be "generally legal" in the second trimester: https://news.gallup.com/poll/235469/trimesters-key-abortion-...

Insofar as Roe requires abortion to be "generally legal" in the second trimester--a position that 70% of Americans reject--it is a departure from the culture.

> Just stand up for what you believe in. Stop trying to speak on behalf of "the culture" which is in most ways not accurately knowable, and even if it was, is of dubious significance.

I believe in democratic values. I believe culture belongs to everyone, and cultural changes should be driven bottom-up, through social consensus, not top down by legal elites, big corporations, etc.

> Most major shifts in societies (not all, but most) occur in opposition to "the culture".

Much more so in the U.S. than in other developed countries, and that's a bad thing. Most European countries ended up making elective abortions available in the first trimester in response to changing social views. In the U.S., legal elites rammed through a second-trimester rule that decades later is still at odds with public opinion.

Likewise, in 2015, the U.S. the Supreme Court found that the Constitution's implicit marriage right encompassed same-sex marriage. A year later, the European Court of Human Rights reached the exact opposite conclusion--finding that the express marriage right in the European Convention on Human Rights did not extend to same-sex marriage: https://eclj.org/marriage/the-echr-unanimously-confirms-the-.... Accordingly, countries like Germany legalized same-sex marriage in 2017, through the ordinary legislative process, with the support of 73% of the population.