Re:What I learned trying to classify abortion access across ...
by ModernMech on Monday July 18, 2022 @09:32PM
(#32146432)
> I don't think "every person could make up their minds about
Agreed, I was implying that it was left up to the individual within the bounds set by Roe and Casey, which had limits that worked. It seemed that most of the debate of the past centered on exactly the cutoff, which is an important issue but much different than the current debate of "should women have access to abortion whatsoever?"
> though I suspect you will disagree
I do disagree. The reason is that at least two of the Senators who confirmed the Justices who concurred with the Dobbs decision have come out to say they felt at least one of those Justices, one who squeaked by with a 50 vote margin, lied to them during his highly politicized confirmation process. If this were a straightforward matter of poor jurisprudence, then it would be enough to say that. Instead, there was a certain level of at best coy obfuscation, to at worst outright fingers-crossed deceit during the confirmation processes. That makes it impossible for me to see the decision as anything other than motivated by ideology. They said what they needed to in order to get confirmed, and as soon as the majority was solidified, they immediately used their power to do what they wanted to all along.
> Roe v. Wade was extremely tenuous and the proper channel for establishing abortion policy is legislative.
Perhaps it was tenuous according to some, but it was also tested in court, reaffirmed, and part of our social contract for 50 years. Maybe the stick holding up the roof of your house isn't the best, but it's still holding up the roof, so perhaps we shouldn't just get rid of it one day in June because it's not the best? Why isn't anyone thinking about the roof?
> I agree with this, but again, the answer is legislative
I don't think the conservative majority on the Supreme Court agrees. There's nothing in their opinion that would suggest to me that they wouldn't strike down Roe codified by the Congress. My reading of the opinion is that they would strike down any right to abortion not enshrined in the Constitution as an amendment. Amending the Constitution to protect abortion is neigh impossible, and so I don't think we will have anything close to a codified Roe v. Wade as long as the majority of the court remains conservative. Instead about half the states in the country will outlaw abortion full-stop, no exceptions; while the other half services the women and children fleeing those states seeking healthcare, likely maintain the same safeguards offered by Roe in the first place.
Agreed, I was implying that it was left up to the individual within the bounds set by Roe and Casey, which had limits that worked. It seemed that most of the debate of the past centered on exactly the cutoff, which is an important issue but much different than the current debate of "should women have access to abortion whatsoever?"
> though I suspect you will disagree
I do disagree. The reason is that at least two of the Senators who confirmed the Justices who concurred with the Dobbs decision have come out to say they felt at least one of those Justices, one who squeaked by with a 50 vote margin, lied to them during his highly politicized confirmation process. If this were a straightforward matter of poor jurisprudence, then it would be enough to say that. Instead, there was a certain level of at best coy obfuscation, to at worst outright fingers-crossed deceit during the confirmation processes. That makes it impossible for me to see the decision as anything other than motivated by ideology. They said what they needed to in order to get confirmed, and as soon as the majority was solidified, they immediately used their power to do what they wanted to all along.
> Roe v. Wade was extremely tenuous and the proper channel for establishing abortion policy is legislative.
Perhaps it was tenuous according to some, but it was also tested in court, reaffirmed, and part of our social contract for 50 years. Maybe the stick holding up the roof of your house isn't the best, but it's still holding up the roof, so perhaps we shouldn't just get rid of it one day in June because it's not the best? Why isn't anyone thinking about the roof?
> I agree with this, but again, the answer is legislative
I don't think the conservative majority on the Supreme Court agrees. There's nothing in their opinion that would suggest to me that they wouldn't strike down Roe codified by the Congress. My reading of the opinion is that they would strike down any right to abortion not enshrined in the Constitution as an amendment. Amending the Constitution to protect abortion is neigh impossible, and so I don't think we will have anything close to a codified Roe v. Wade as long as the majority of the court remains conservative. Instead about half the states in the country will outlaw abortion full-stop, no exceptions; while the other half services the women and children fleeing those states seeking healthcare, likely maintain the same safeguards offered by Roe in the first place.