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Re:South Carolina bill outlaws websites that tell how to get... by AlexandrB on Friday July 22, 2022 @10:45AM (#32192391)
> For the NRLC, which wrote the model legislation, limiting communication is a key part of the strategy to aggressively enforce laws restricting abortion. “The whole criminal enterprise needs to be dealt with to effectively prevent criminal activity,” Jim Bopp, the group’s general counsel, wrote in a July 4 memo, comparing the group’s efforts to fighting organized crime.

This basically tells you everything you need to know. These people want to put women in jail and they don't care about niceties like "inter-state commerce" because in their mind they're fighting Al Capone. I hope commenters on here stop minimizing what these groups are trying to achieve. The reversal or Roe was not about "kicking it back to the states", it was the first step in trying to make abortion access illegal nationwide.

Re:South Carolina bill outlaws websites that tell how to get... by powerhour on Friday July 22, 2022 @11:00AM (#32192612)
I remember when folks were telling us we were being hysterical because of our concern a right-leaning SC would overturn Roe. Of course that is exactly what happened. Are these same people now telling us not to worry, they won't imprison women for getting abortions?
Re:South Carolina bill outlaws websites that tell how to get... by danaris on Friday July 22, 2022 @11:59AM (#32193455)
Some of these same people are now telling us "of course treatment for ectopic pregnancies will be allowed" (there are already laws preventing that in places) "of course no one will be penalized for a miscarriage" (there are already women in prison for that) "of course there will be exceptions for people who really need it"—this is, in fact, the mindset of a lot of conservatives. It's closely related to Frank Wilhoit's cogent observation of what conservatives believe [0]: "There must be in-groups whom the law protects but does not bind, alongside out-groups whom the law binds but does not protect."

It's also very much the "surely the face-eating leopards party won't let leopards eat my face!" mindset.

I've heard anecdotal reports from some people who have more conservative family members than I that some of them are actually starting to realize that there won't be the "reasonable exceptions" they were just assuming would exist, and getting genuinely worried.

[0]: https://crookedtimber.org/2018/03/21/liberals-against-progre...

Re:South Carolina bill outlaws websites that tell how to get... by buscoquadnary on Friday July 22, 2022 @10:54AM (#32192514)
I always worry when we start painting large groups of people with a single brush and labeling them the enemy.

There are plenty of people who oppose abortion that are appalled at something like this or the Texas bounty hunting law. If we continue to try and paint each other group as a monolithic enemy other division will continue to rise and polarization will increase and the effects will be devestating.

Re:South Carolina bill outlaws websites that tell how to get... by SamoyedFurFluff on Friday July 22, 2022 @10:57AM (#32192566)
I agree with this broadly but I actually disagree with this point for this specific poster. “These people” is a phrase referring distinctly to the national right to life organization, whose goal is in fact to make abortion illegal nationwide. In this case, that organization is about as monolithic an enemy of pro choice people as possible.

(Edited to add: there is a separate frustration of the poster of people claiming that diverting reproductive justice to state determination is reasonable. The poster is saying they are frustrated with that statement because it ignore the above fact. I also don’t think this is painting anyone with a broad brush… it is painting specific people’s specific argument as being myopic.)

Re:South Carolina bill outlaws websites that tell how to get... by lotsofpulp on Friday July 22, 2022 @11:05AM (#32192687)
> If we continue to try and paint each other group as a monolithic enemy other division will continue to rise and polarization will increase and the effects will be devestating.

Then perhaps the other group should not have monolithically spent decades fighting against and removing human rights from people I care about.

Re:South Carolina bill outlaws websites that tell how to get... by badcppdev on Friday July 22, 2022 @11:00AM (#32192606)
The effects are already devastating. From the point of view of a women unable to access medical services due to these laws it is literally a matter of life and death right now.

So you can worry or you can act.

Re:South Carolina bill outlaws websites that tell how to get... by powerhour on Friday July 22, 2022 @11:04AM (#32192673)
To me, the bounty hunter law is reprehensible, but not as much as the motivation behind it. Those with that motivation can be treated as a single group.

And to be frank, I don't care if they're unhappy to be lumped together. Lie with dogs and all that.

Re:South Carolina bill outlaws websites that tell how to get... by buscoquadnary on Friday July 22, 2022 @11:08AM (#32192725)
Should every movement be painted with the same brush as the worst people in the movement?
Re:South Carolina bill outlaws websites that tell how to get... by taeric on Friday July 22, 2022 @11:26AM (#32192994)
Conversely, should every movement be painted with the brush of their best people?

This is a bit... difficult to take seriously. They are being painted by the general actions at large that they are causing. If you want them to be seen in their best light, try to get their best light into the spotlight.

Re:South Carolina bill outlaws websites that tell how to get... by tyleo on Friday July 22, 2022 @11:12AM (#32192785)
Frankly I don’t think that the problem is that individuals who are part of the pro life movement are lumped in with the worst in the group. Rather, many who hold even less extreme pro life positions are still across the line of what others deem acceptable.
Re:South Carolina bill outlaws websites that tell how to get... by xnx on Friday July 22, 2022 @11:56AM (#32193398)
If they don't strongly disavow the worst people in the movement, yes.
Re:South Carolina bill outlaws websites that tell how to get... by powerhour on Friday July 22, 2022 @11:20AM (#32192904)
I'm painting the group with the same brush as their best, those that "merely" want to shame people for seeking abortions.
Re:South Carolina bill outlaws websites that tell how to get... by andsoitis on Friday July 22, 2022 @10:58AM (#32192580)
But opposing abortion and not caring about the consequences for women and families IS appalling.
Re:South Carolina bill outlaws websites that tell how to get... by smoldesu on Friday July 22, 2022 @11:04AM (#32192678)
Edit: I misread the parent quote.
Re:South Carolina bill outlaws websites that tell how to get... by andsoitis on Friday July 22, 2022 @11:12AM (#32192794)
> largely pulled back because it's constitutional basis was too weak to defend in the Supreme Court

"large pulled back" belies the fact that the motives are ulterior.

> consequences are largely left up to the people who choose to use those things

In the case of banning abortion, you're denying choice and autonomy. You're saying a woman HAS to give birth even if it wasn't her choice. Even if she was raped. Even if she's 10 years old.

If you don't find that stance appalling, I don't know what to say.

Re:South Carolina bill outlaws websites that tell how to get... by nine_k on Friday July 22, 2022 @11:22AM (#32192923)
Damaging oneself e.g. by reckless consumption of substances is one thing.

Forcing a birth of a badly unwanted human being, who is going to suffer through life being badly unwanted, is a rather different thing.

And forcing a woman to keep carrying a pregnancy which is dangerous to her life (and thus to the prospective baby's life anyway) is not just indifference, it's a direct opposite of care.

Re:South Carolina bill outlaws websites that tell how to get... by PaulsWallet on Friday July 22, 2022 @11:10AM (#32192762)
> You're conflating a lot of things here, none of which are really related.

Speaking of things that aren't related. I don't see how those things being legal is even somewhat related to making abortion illegal or making it legal to bounty hunt women. You're going to have to explain that connection to me a bit more.

Re:South Carolina bill outlaws websites that tell how to get... by AlexandrB on Friday July 22, 2022 @11:01AM (#32192633)
I'm speaking about groups like the NRLC and the Federalist Society who have been working towards this goal for decades. I'm sure some conservatives are opposed to the extremity of what's being proposed, but if they continue to vote Republican I'm not sure what good that does anyone.
[dead]
Re:South Carolina bill outlaws websites that tell how to get... by buscoquadnary on Friday July 22, 2022 @11:12AM (#32192784)
See here's the problem that is plaguaging the discourse right now, instead of having a rational discussion the argument has devolved to people's emotions overruling everything.

I understand this is an emotional issue but until everyone can agree to at least have a discussion about this without getting overemotional we can't have any discussion or compromise only polarization and that eventually leads to shooting and a civil war.

I mean my own sister told me she hopes my 2 year old daughter gets raped because of my position on this issue. Doesn't that strike anyone else as something that would deplorable under other circumstances but we excuse it right now because we believe the cause is righteous?

This is how fanatics and extremists are made.

Re:South Carolina bill outlaws websites that tell how to get... by lotsofpulp on Friday July 22, 2022 @11:18AM (#32192879)
> we can't have any discussion or compromise only polarization and that eventually leads to shooting and a civil war.

Some things are not compromise-able.

> I mean my own sister told me she hopes my 2 year old daughter gets raped because of my position on this issue. Doesn't that strike anyone else as something that would deplorable under other circumstances but we excuse it right now because we believe the cause is righteous?

Source that “we” excuse wishing harm on another person for no reason, and an innocent toddler at that? It is so deplorable that I would need considerable proof to believe it even occurred, especially from an aunt to a niece.

Re:South Carolina bill outlaws websites that tell how to get... by AnIdiotOnTheNet on Friday July 22, 2022 @11:08AM (#32192733)
> If you oppose abortion, you're the enemy.

I don't know about that; I think it is possible to oppose abortion, but not seek to do so via legal remedies. Like opposing drinking or smoking, or game microtransactions, or IoT devices.

Re:South Carolina bill outlaws websites that tell how to get... by lotsofpulp on Friday July 22, 2022 @11:16AM (#32192850)
In the context of this discussion, I think they meant “oppose access to abortion for those who want/need it”.
Re:South Carolina bill outlaws websites that tell how to get... by buscoquadnary on Friday July 22, 2022 @11:22AM (#32192926)
I think that want/need is doing a lot of work here.

One can be in favor of abortions for medical necessity or when the choice to get pregnant was not consensual while still being wildly opposed to abortions for convenience reasons.

Re:South Carolina bill outlaws websites that tell how to get... by powerhour on Friday July 22, 2022 @12:24PM (#32193817)
How big must the government be to investigate every miscarriage to see whether or not it was deliberate and for medical necessity, or done because the pregnancy was the result of rape? We're talking about hiring a lot of medical professionals and expanding our already large tracking apparatuses.

If we're not talking about expanding government along these lines then maybe we should just leave the choice to the people immediately involved.

Re:South Carolina bill outlaws websites that tell how to get... by EddieDante on Friday July 22, 2022 @01:55PM (#32195027)
I've known women who have had miscarriages, and I've known women who for various reasons have had to terminate their pregnancies. Abortion is only "convenient" compared to being stuck raising a kid you aren't ready and willing to raise, giving birth to a kid that's going to have special needs because of genetic defects, or trying to carry a pregnancy to term that's likely to kill you.
Re:South Carolina bill outlaws websites that tell how to get... by loudmax on Friday July 22, 2022 @11:21AM (#32192918)
I'm pro-choice but I disagree with your comment. There is an enormous moral gulf between an abortion early into pregnancy and abortion late into pregnancy.

There absolutely are misogynists and hypocrites among the pro-life/anti-choice movement, but not everyone in that movement is at the extreme. Those of us who want abortion to be legal nationwide must acknowledge the ethical complexity of terminating an unwanted pregnancy.

Re:South Carolina bill outlaws websites that tell how to get... by EddieDante on Friday July 22, 2022 @01:52PM (#32194987)
> There is an enormous moral gulf between an abortion early into pregnancy and abortion late into pregnancy.

According to your morals, perhaps. But I don't share your morals. As far as I'm concerned, if it can't breathe on its own it's not a baby. Likewise if it hasn't been gestated long enough that it can be cared for in the NICU.

We tried to be reasonable and limit abortion access to the end of the second trimester, but that wasn't good enough for some people. No, some of these assholes want to ban abortion after six weeks when some women can go that long before even realizing they're pregnant.

I'm sick of "acknowledging the ethical complexity". Our opposition doesn't, and that's why they keep kicking our fucking asses.

https://www.marchofdimes.org/complications/premature-babies....

Re:South Carolina bill outlaws websites that tell how to get... by danaris on Friday July 22, 2022 @02:29PM (#32195486)
Given the way "start of pregnancy" is calculated in this country, my understanding is that most women would struggle to be able to get an abortion before six weeks.

When you miss your period, and take a pregnancy test, the "start of pregnancy" is apparently considered to have been the start of your last period. That means that at the earliest time you could be generally expected to find out you're pregnant, you are considered to have been pregnant for 4-5 weeks.

Then, of course, you'll need to make a decision about what to do about it, contact a doctor, and have a procedure scheduled...and in states with restrictive abortion laws, you can bet that that's going to be more difficult and time-consuming than it needs to be.

The cruelty of it all is the point.

Re:South Carolina bill outlaws websites that tell how to get... by threatofrain on Friday July 22, 2022 @11:25AM (#32192980)
If we accept the premise that abortion is baby murder, then the moral implications are clear: (1) exceptions on rape are grotesque as we'd be condoning baby murder as a form of trauma relief, (2) cross-state or even cross-country baby murder is just as grotesque, (3) doctors and medical systems must have extreme culpability as they are part of an assembly line of baby murder.

How does Constitutional case law factor into the question of mass baby murder?

Re:South Carolina bill outlaws websites that tell how to get... by giraffe_lady on Friday July 22, 2022 @11:37AM (#32193131)
Even if you consider it murder-more-or-less, the hard dependence on another person's body puts it in a different category of transgression.

Consider:

You watch someone die in front of you while you hold in your hands the thing that could save their life, but refuse to give it. Is that murder? Maybe, possibly, there's an argument that it's something else but I'm comfortable with this. Should a person be allowed to do it? Again maybe, but I'm ok with no, that's a bad crime, they shouldn't be allowed to do it.

You watch someone die in front of you while the thing that could save them comes from your own body. A blood transfusion, say, or whatever, a fingernail clipping, it doesn't matter really. This is morally the same transgression as the first example. But in this case we have clearly and consistently decided that you are allowed to make this choice. It may be evil but it is not a crime.

If you don't allow the second choice, then you open the door to things like medical experiments on nonconsenting people and organ harvesting. The boundary around bodily autonomy needs to be firm or you permit atrocities.

Abortion may be murder! You can believe it is. But the fact that the life depends on the body of another person means they have the choice not to render aid.

Re:South Carolina bill outlaws websites that tell how to get... by rayiner on Friday July 22, 2022 @11:18AM (#32192880)
> These people want to put women in jail and they don't care about niceties.... The reversal or Roe was not about "kicking it back to the states", it was the first step in trying to make abortion access illegal nationwide

Which "these people" are you referring to? Roe was remarkable in its ability to unify disparate groups: evangelicals and Catholics who oppose abortion categorically, right-leaning independents who support some level of abortion but want more restrictions than Roe allows, and Constitutionalists who find Roe incomprehensible as an assertion of Constitutional law.

Now that Roe is gone, some of those folks will indeed try to "make abortion access illegal nationwide." But hardly everyone who opposed Roe to begin with: https://www.pewresearch.org/fact-tank/2022/05/06/wide-partis.... Just 13% of Republicans are true believers who think abortion should be categorically illegal. The vast majority, 38% think it should be "legal in all or most cases." Most fall in the mushy middle.

Re:South Carolina bill outlaws websites that tell how to get... by xnx on Friday July 22, 2022 @11:55AM (#32193378)
> in their mind they're fighting Al Capone.

In their mind they think they're fighting Satan.

Re:South Carolina bill outlaws websites that tell how to get... by AnIdiotOnTheNet on Friday July 22, 2022 @10:56AM (#32192553)
Recently there was a house vote on a guaranteed right to contraceptives.

One party unanimously voted in favor of it.

The other party voted 96% against it.

I'll leave which party is which as an exercise to the reader.

Re:South Carolina bill outlaws websites that tell how to get... by swayvil on Friday July 22, 2022 @11:11AM (#32192773)
This is a distraction. There have always been antiabortion crazies lurking in the woodwork. The state just chose to pull the trigger on this particular shitshow at this particular moment because it suits their agenda.

Don't get me wrong. There is definitely an abortion rights disaster in progress. It's just that this disaster was manufactured only to distract from a larger, more powerful, disaster.

Have you noticed how expensive everything is lately?

And how will this debacle affect your vote?

Re:South Carolina bill outlaws websites that tell how to get... by lotsofpulp on Friday July 22, 2022 @11:24AM (#32192962)
> Have you noticed how expensive everything is lately?

Have you noticed that supply and demand can change prices? Such as supply of young people performing labor in an aging country demanding ever more labor, or international conflicts and responses to infectious diseases disrupting supply chains. And of course, the government’s monetary response, but the point is that unless you have a source for a conspiracy, I do not see why it should merit consideration.

Re:South Carolina bill outlaws websites that tell how to get... by swayvil on Friday July 22, 2022 @02:47PM (#32195683)
I didn't even touch the cause of the inflation. It's beside my point. The cause of the abortion rights disaster is my point.
Re:South Carolina bill outlaws websites that tell how to get... by dennis_jeeves1 on Friday July 22, 2022 @12:04PM (#32193549)
>And how will this debacle affect your vote?

Voting itself is a sham. I'm provided with the choice of a baboon and chimp for a leader, alternately I can stand for elections for a troop of monkeys, what can I say?

Re:South Carolina bill outlaws websites that tell how to get... by TeeMassive on Friday July 22, 2022 @11:08AM (#32192729)
Indeed.Then they will go for other rights that are clearly in the Constitution.
Re:South Carolina bill outlaws websites that tell how to get... by 32163704 on Friday July 22, 2022 @10:51AM (#32192473)
>The reversal or Roe was not about "kicking it back to the states", it was the first step in trying to make abortion access illegal nationwide.

Yes, and it makes me angry that so many commenters on this and other forums said, "Well, they have a point. It should be left to the states." As if women whose lives are at risk can wait for their judicial philosophy to cleanly play out; as if the raped 10 year old being forced to travel out of state to have an abortion was just how it goes while we figure out how to get the book keeping figured out; as if the woman who was forced to carry a dead fetus inside her for weeks because the hospital didn't want to risk being sued was just one of those tragic, unforeseeable, unavoidable victims of our imperfect democracy.

These are lives we're talking about here. And it's only going to get worse. Sorry to use a cliche, but wake the fuck up y'all.

Re:South Carolina bill outlaws websites that tell how to get... by rayiner on Friday July 22, 2022 @11:51AM (#32193313)
You've got it precisely backwards. It is because the abortion issue is so weighty that it should be resolved according to the legal processes set out in the Constitution. Federalism, separation of powers, etc., aren't for the easy stuff. They exist to allow a large and diverse nation--full of people who have different values and often actively hate each other--to cohere as a single unit.

No other developed country has approached the abortion issue by saying "pfft the rules don't matter." The EU Court of Human Rights just last year refused to recognize a universal right to elective abortions. In every European country where abortion is legal, advocates of abortion made their case to the people, and the people decided whether to allow it and under what circumstances. In some cases it took a long time--Ireland legalized it just in 2018. But that's how civilized societies operate.

Your thinking is how third world countries operate. They say "lives are at stake" (or something similarly weighty) and use that to justify ignoring the legal process. As someone from one of those countries let me tell you that you do not want to go down that road. The rules are more important than anything else. They are more important than any individual lives. Because the rules are what make civilization possible. If you disregard the rules on issues that you deem sufficiently important to you, that frees the other side to ignore the rules on issues they deem sufficiently important to them, and it goes quickly downhill from there.

Re:South Carolina bill outlaws websites that tell how to get... by softcactus on Friday July 22, 2022 @01:11PM (#32194458)
I understand where you're coming from, however this exact type of logic of separation of powers has only ever been invoked when trying to protect inhumane policies in the US.

For example, Colorado and other states have legalized weed. They don't need to wax poetic about separation of powers etc to defend their position, because everyone understands that this is exactly what the Federal system was designed for. To allow states to augment their economies and taxation systems as they see fit (going back to colonial era reasoning).

Throughout US history the most vocal proponents of states rights have been those who attempt to limit personal liberties. They first use the constitution as a jumping board, arguing that "it's not explicitly stated in the constitution!" because the constitution is limited and vague (The founding fathers intentionally kicked the can down the road for racial issues). Technically, the regressives are right here, but they are hiding behind legalism to protect their abhorrent viewpoints.

"If it's so popular then just vote on it then!"

Unfortunately it's not so simple. At the Federal level, a filibuster proof majority is required in the Senate (non-proportional) as well as full control of all three branches of government (president and congress are also non-proportional, although in a different way). So it's incredibly difficult to pass overwhelmingly popular legislature/amendments in the US. Which is precisely why we have seen most of our civil rights gains over the last 50 years be accomplished through the court system. At the state level, there is no filibuster (mostly) and so there is no mechanism for a minority to halt legislation at the state level.

This kind of game has been played out for the last 200 years. Yes rules are important, but the reactionaries in US history have typically "meta-gamed" the flaws in our system that were overlooked by the founding fathers in order to preserve horrendous practices. That's not to say that there is no benefit to our checks and balances, but when it comes to things like civil rights, gay marriage, and abortion, the opposing side is mostly meta-gaming and exploiting checks and balances negatively.

To sum up, corruption in the third world occurs by circumventing the laws. Corruption in the US occurs when you put someone in a position of power to interpret the laws the way you want them to. If you need sources, I can provide.

> No other developed country has approached the abortion issue by saying "pfft the rules don't matter."

The Roe decision was not made on "rules don't matter" it was an extension of the due process clause in the 14th amendment. The overturning of it was made on interpretations of common law going back to the 14th century, the main point of argument being that there was "no innate protection of abortion as a fundamental right".

Re:South Carolina bill outlaws websites that tell how to get... by 32163704 on Friday July 22, 2022 @01:52PM (#32194990)
> that frees the other side to ignore the rules on issues they deem sufficiently important to them, and it goes quickly downhill from there.

We’re already there. That’s already happened. Stare decisis — remember when all the justices who just ruled to overturn Roe called it “settled law”? Remember when the Republican Senate refused to consider Obama’s Supreme Court nominee? Remember when the courts gutted the voting rights act? Remember when the courts determined the outcome of Bush v Gore? The side that “won” this argument didn’t do it by playing by the rules. Because the court doesn’t have rules. The constitution doesn’t outline any of the philosophy that you are calling “rules.” So sitting back and saying “let’s just play by the rules” is handing a victory to a side that doesn’t care for them.

Re:South Carolina bill outlaws websites that tell how to get... by JamesBarney on Friday July 22, 2022 @02:35PM (#32195553)
The principle of Stare decisis does not mean the supreme court can't overturn any decision it's ever made. It's routinely overturned previous decisions, many times overturning previous conservative rulings to put in place liberal ones.

If you watch this youtube video of Kavanaugh answering questions I never get the idea that he says he won't overturn Roe v Wage, or that it is a binding or super precedent.

https://www.youtube.com/watch?v=Bjs-qO0N2ZI

Re:South Carolina bill outlaws websites that tell how to get... by 32163704 on Friday July 22, 2022 @03:46PM (#32196308)
Sure. When prior decisions are “unworkable or are badly reasoned,” then the Supreme Court may not follow precedent, and this is “particularly true in constitutional cases.” [0] But the prior decision was certainly workable, since it had been working for almost 50 years. And it certainly wasn’t too badly reasoned, since the same reasoning was applied to many other cases — situations which also were quite workable, since they were an expansion of rights, not a circumscription of them. If anything, the court created an unworkable situation by ruling the way it did; it has created chaos in the medical field for half of the states.

[0]https://www.law.cornell.edu/wex/stare_decisis

Re:South Carolina bill outlaws websites that tell how to get... by dang on Saturday July 23, 2022 @01:54AM (#32200757)
Could you please stop creating accounts for every few comments you post? We ban accounts that do that. This is in the site guidelines: https://news.ycombinator.com/newsguidelines.html.

You needn't use your real name, of course, but for HN to be a community, users need some identity for other users to relate to. Otherwise we may as well have no usernames and no community, and that would be a different kind of forum. https://hn.algolia.com/?sort=byDate&dateRange=all&type=comme...

Re:South Carolina bill outlaws websites that tell how to get... by JamesBarney on Friday July 22, 2022 @05:24PM (#32197283)
There are plenty of constitutional scholars (many who are liberal and pro-choice) who believe Roe v Wade was badly reasoned like Akhil Reed Amar.
Re:South Carolina bill outlaws websites that tell how to get... by jfengel on Friday July 22, 2022 @12:00PM (#32193472)
"Left to the states" means "not left up to you".

The phrase is often used as if it's meant to suggest that they're fighting off federal government overreach. In fact, it's used exactly to allow them to have overreach over you, at the level that they can make it happen. When they get the opportunity to control it at the federal level, it will stop being "left to the states".

It's very much about denying individual liberties, using Orwellian language making it seem otherwise.

Re:South Carolina bill outlaws websites that tell how to get... by softcactus on Friday July 22, 2022 @11:00AM (#32192610)
Yep. It's frustrating to see the threads on HN of people talking about this as if it's only hypothetical. Like it's a change to the Linux kernel and not something that impacts thousands of people every day. I don't care about the technical mechanisms of implementation, I care about how it affects the people around me dammit.
Re:South Carolina bill outlaws websites that tell how to get... by gmadsen on Friday July 22, 2022 @11:12AM (#32192791)
i get your point, but a bad change to the linux kernel could impact billions of people
Re:South Carolina bill outlaws websites that tell how to get... by softcactus on Friday July 22, 2022 @11:22AM (#32192943)
I just knew someone was going to comment this. You have my blessing to change "Linux kernel" to "any open source package" no matter how trivial.
Re:South Carolina bill outlaws websites that tell how to get... by linuxftw on Friday July 22, 2022 @11:11AM (#32192772)
> 10 year old being forced to travel out of state

People in the US are able to freely travel between states, this isn't the case elsewhere in the world. Some things are crimes in some jurisdictions and not others, this is normal.

If you think it's inadequate, pass an amendment to the constitution, that's what the amendment process if for. If you think the process to too burdensome, encourage your state to secede.

Re:South Carolina bill outlaws websites that tell how to get... by SamoyedFurFluff on Friday July 22, 2022 @11:16AM (#32192843)
This comment isn’t acknowledging that long-term solutions are necessary but not sufficient to make whole the continued injustice of trauma and death that will result from laws that deprive reproduce rights. It’s important to keep in mind there is a current and ongoing number of people who are dying, who have died, who are being deprived medical care (some who aren’t even pregnant!) and that an amendment to the constitution will not right the wrongs made to them.
Re:South Carolina bill outlaws websites that tell how to get... by linuxftw on Friday July 22, 2022 @11:23AM (#32192944)
Personally, I don't feel the idea of government is legitimate, but if you do, then you must abide by the process, for better or worse. There was plenty of time between Roe v Wade and present to pass an amendment or secede, so clearly the matter wasn't urgent.
Re:South Carolina bill outlaws websites that tell how to get... by SamoyedFurFluff on Friday July 22, 2022 @11:27AM (#32193009)
No, there is nothing saying that just because you believe government is necessary that one must consider the government wholly, uncritically sufficient.
Re:South Carolina bill outlaws websites that tell how to get... by softcactus on Friday July 22, 2022 @01:15PM (#32194489)
> so clearly the matter wasn't urgent.

Again, you ignore the actual realities of politics. Obama promised to codify Roe v Wade his first day in office. He then refused to, since it was better for democrats to keep it on as a political bargaining chip.

Now, what are US liberals supposed to do? Not vote and lose? Vote for the Republicans and see abortion criminalized federally? No, they have to vote for the Democrats again and maybe hope they finally try to pass their agenda. There is a false choice presented. It was urgent to the voters, but not to the politicians.

Re:South Carolina bill outlaws websites that tell how to get... by runako on Friday July 22, 2022 @11:16AM (#32192841)
> People in the US are able to freely travel between states

This is not a right that is specifically enumerated by the Constitution. The current Supreme Court has indicated that rights that are not specifically enumerated by the Constitution are subject to evaluation and curtailment.

Re:South Carolina bill outlaws websites that tell how to get... by jjulius on Friday July 22, 2022 @11:20AM (#32192898)
>People in the US are able to freely travel between states...

Easier said than done, for many.

Re:South Carolina bill outlaws websites that tell how to get... by falcolas on Friday July 22, 2022 @12:04PM (#32193548)
Any amendment or law would be subject to review by the current SC - an entity which is currently very goal orientated - and it's quite likely they would find an argument to nullify or void it entirely.

One really simple example of what the SCOTUS could do is they could rule that an unborn child - from the time of conception - is covered by the rights laid out in the 14th amendment.

Takes all choice back away from the state once more.

Re:South Carolina bill outlaws websites that tell how to get... by fipar on Friday July 22, 2022 @11:43AM (#32193195)
> People in the US are able to freely travel between states, this isn't the case elsewhere in the world.

Do you know of countries with a federal government and where people can't travel freely between the member states? The ones I know don't have this problem so I'm not sure how that's something unique to the US.

Re:South Carolina bill outlaws websites that tell how to get... by 32163704 on Friday July 22, 2022 @01:54PM (#32195013)
People in the US are free to not get raped, too, but unfortunately there are circumstances where that freedom is severely abridged.
[dead]
Re:South Carolina bill outlaws websites that tell how to get... by dang on Saturday July 23, 2022 @02:05AM (#32200805)
Please don't post flamewar comments to HN, no matter how wrong someone is or you feel they are. We ban accounts that do that because it's not what this site is for, and it destroys what it is for.

Personal attacks are particularly not ok, so please don't post like that again.

If you'd please review https://news.ycombinator.com/newsguidelines.html and stick to the rules when posting here, we'd appreciate it.

p.s. It looks like you've been using HN primarily for political and ideological battle. That's another line at which we ban accounts (even if they're not breaking the other guidelines) - for past explanations, see https://hn.algolia.com/?sort=byDate&dateRange=all&type=comme....

I'm not going to ban you right now because if I scroll back far enough in your commenting history I do see comments that are in line with the intention of the site, but if you'd please correct this going forward, we'd be grateful.

Note that this is in addition to what I said at the start of this comment—there are two separate issues here.

Re:South Carolina bill outlaws websites that tell how to get... by random314 on Saturday July 23, 2022 @04:49PM (#32207427)
I don't see how that comment was a personal attack. That is the core of the argument in favor of abortion rights.

PS: I didn't post that comment.

Re:South Carolina bill outlaws websites that tell how to get... by dang on Sunday July 24, 2022 @10:41AM (#32213926)
"Since you have shown you have limited capacity for empathy," for starters.
Re:South Carolina bill outlaws websites that tell how to get... by rayiner on Friday July 22, 2022 @11:56AM (#32193394)
> Since you have shown you have limited capacity for empathy, try imagining that this 10 year old girl was someone related to you. Maybe even your own daughter. Would you still be aloofly invoking the legalist stance, as if it's ridiculous to demand that laws be just? No, you would be kicking and screaming and crying because of how unfair it is.

The rule of law exists precisely because of the temptation to think with our "empathy" instead of our brains.

Re:South Carolina bill outlaws websites that tell how to get... by softcactus on Friday July 22, 2022 @12:54PM (#32194232)
See my reply to the other person who made this argument. You ignore my second half of the comment where I debunk the argument with "logic".

> The rule of law exists precisely because of the temptation to think with our "empathy" instead of our brains.

Assumptions galore are made here. First off, the rule of law exists because of power heirarchies. People create laws to protect THEMSELVES and THEIR interests. Monarchs didn't create laws for the benefit of everyone, neither do dictators. Furthermore many laws exist to augment our empathy. Speeding laws exist because many people are incapable of comprehending the danger they could pose to someone else. Animal cruelty is illegal because the majority of people understand it's wrong, and we will force that wisdom upon others who don't.

> the temptation to think with our "empathy" instead of our brains

Where do you think empathy comes from if not our brains? Empathy is a tool of reason, not orthogonal to it. Would you praise someone for only using one of their senses? Or would you think they are ridiculous for constructing a worldview based only around their sense of smell? Thinking that empathy is somehow a trait to be overcome and not a tool is the same as eating soap regardless of how it tastes, because it "smells good". Empathy allows us to consider the conditions and experiences of those outside of our immediate sphere of influence. In a democracy this is especially invaluable, since individuals make decisions that influence society at large.

The inability to see outside of your every day experience is not logical or rational, it's the exact opposite. Empirical evidence can be a great tool for analyzing macro trends, but empathy allows us to better understand the causality.

https://en.wikipedia.org/wiki/McNamara_fallacy

Re:South Carolina bill outlaws websites that tell how to get... by buscoquadnary on Friday July 22, 2022 @11:26AM (#32192992)
Laws should be made based on reason, justice, and after due consideration and we'll reasoned discussion not empathy, emotion, or crises of the moment. Doing that will only lead to poorly conceived and implemented laws that fail at their purpose and give power to demogauges and the power hungry.
Re:South Carolina bill outlaws websites that tell how to get... by softcactus on Friday July 22, 2022 @11:31AM (#32193054)
I never said laws should be based on empathy. I just said that OP had no empathy in order to make the point that taking an aloof legalist stance is stupid when it has actual real world negative impacts on others that they were incapable of considering.

My second paragraph expands upon the reason and justice aspect.

Also the current constitutional crisis we are in demolishes the legalist justification anyways. States being able to ban travel to other states for abortion, states allowing private citizens to sue others for getting abortions in other states. States limiting access to websites that are legal in other states and limiting the first amendment.

Because repealing Roe was done on an ideological basis it has caused a cascade of problems around how much power states should have, one that has been largely settled since the Civil War.

Re:South Carolina bill outlaws websites that tell how to get... by linuxftw on Friday July 22, 2022 @11:28AM (#32193023)
I don't pretend to know what is best for everyone nor dictate my morals to them. So if SC thinks they should have a law to do whatever, that's their business. If the people living there don't like it, they should work to change the law, or start lynching politicians, whichever is easier, that's for the people of SC to decide.

As for the people not in South Carolina, they should work to pass an amendment or secede from the union, those are the only legal options if you believe in how the federal government is supposed to work (maybe there's a 3rd option to kick out SC?).

Re:South Carolina bill outlaws websites that tell how to get... by softcactus on Friday July 22, 2022 @11:35AM (#32193107)
> As for the people not in South Carolina, they should work to pass an amendment or secede from the union, those are the only legal options if you believe in how the federal government is supposed to work

It's not legal to secede from the US, we fought an entire war because it was not a right of the states. Most of what you say ignores the reality of our political system, voter suppression, who draw districts, filibuster, etc. Which makes it more difficult than "just vote". Which is why the Republicans went the route of Supreme Court justice appointment, so they could legislate via the court.

https://en.wikipedia.org/wiki/Federalist_Society

Re:South Carolina bill outlaws websites that tell how to get... by IIsi50MHz on Friday July 22, 2022 @09:02PM (#32199119)
Didn't Texas join the union via constitutional ammendment? One that gives them unilateral right to secede? Or do I mismemember my civics classes?
Re:South Carolina bill outlaws websites that tell how to get... by turns0ut on Friday July 22, 2022 @11:10AM (#32192752)
“Oh it was decided with bad reasoning. We can fix it now.” — bureaucratic apologists

“We could have acknowledged it was bad reasoning in a legal context but not a human rights and that a fix would just create the same status quo and left it.” — sane people

Agreed; this was a political flex to remind the proles grandpa is still sitting in the corner rambling nonsense.

Re:South Carolina bill outlaws websites that tell how to get... by lurquer on Friday July 22, 2022 @11:12AM (#32192789)
> The reversal or Roe was not about "kicking it back to the states", it was the first step in trying to make abortion access illegal nationwide.

Was this motive ever hidden?

Abortion should be illegal. I hope each state passes laws criminalizing it. That has always been the goal.

The ‘judicial philosophy’ crap emerged due TO roe V. wade. The decision made a mockery of the constitution.

The millions upon millions of people working and praying and picketing and voting on this issue for the past 40 years we’re doing it to save babies… not to defend some abstract philosophy.

Re:South Carolina bill outlaws websites that tell how to get... by SamoyedFurFluff on Friday July 22, 2022 @11:22AM (#32192942)
Genuinely asking, have you considered that banning abortion doesn’t save babies who have already died or are dying in the womb? And doesn’t save situations where there are no babies involved at all, and there are chronically ill people who are being denied medication because the medication can cause abortions?
Re:South Carolina bill outlaws websites that tell how to get... by lurquer on Friday July 22, 2022 @12:20PM (#32193760)
There are edge cases with all penal laws.

If one ‘bans’ murder, the legislatures and courts will need to grapple with killing in self-defense, pulling the plug on a brain-dead vegetable, administering drugs in some cases that have a high risk of death, assisting in a suicide, accidentally causing a death vs intentionally, etc.

This isn’t new.

Each state crafts it’s own laws to address these things, each prosecutor uses his discretion in applying them, each jury or grand jury weighs in, each judge crafts a sentence taking these things into consideration, etc.

In short your edge cases are nothing new… every law is over and under inclusive. The judicial system as a whole has been dealing with these issues for centuries.

Re:South Carolina bill outlaws websites that tell how to get... by powerhour on Friday July 22, 2022 @12:32PM (#32193916)
How do we decide which cases to prosecute? Do we convene a grand jury for every miscarriage? Do you have any idea how many investigations this would be per year?

If you don't investigate every miscarriage, what's the criteria for getting the state involved? Do you wait for family or neighbors to report a crime? Do you track medical appointments and make a judgement as to when a birth was expected and didn't happen?

I'm not sure you've thought this through.

Re:South Carolina bill outlaws websites that tell how to get... by lurquer on Friday July 22, 2022 @12:56PM (#32194258)
>…do we convene a grand jury…

Every felony charge goes through a grand jury.

Indeed, every death is investigated to some extent. Every county has a coroner, some states have full-blown inquests after each death.

Do you think when grandma dies of old age she’s just taken to a funeral home and that’s that?

There’s more to it.

If something looks suspicious, it’s kicked up to the next level. If questions remain, it’s kicked up another level.

I don’t mean to sound rude, but you seem to have little experience with the day-to-day legal processes surrounding every death. You may be more familiar with a crime like arson. As you MAY know, every single structure fire is investigated. Some turn out to be arson. Some don’t. These processes exist, always have existed, and I think you’re straining.

>I’m not sure you’ve thought this through.

I’ve been doing this for a living for over 25 years.

Whether your pro-choice or pro-life isn’t my concern. God bless you either way. But, the criminal process regarding abortion existed for centuries prior to Roe v. Wade. It’s really not as complicated as you make out.

Re:South Carolina bill outlaws websites that tell how to get... by SamoyedFurFluff on Friday July 22, 2022 @05:49PM (#32197519)
Before roe v wade the complications of botched self-administered abortions was one of the major causes of early death and disability of women. I don’t think it’s nearly as simple as one would believe, because even the Bible doesn’t recognize a fetus as being alive until well into the second or third trimester.