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Roe vs. Wade overturned
#15
(06-24-2022, 08:11 PM)MalevolentTwitch Wrote: As much as I am loathe to climb out of my hole, especially when I am only 20 pages into a 213 page ruling, this one am I willing to throw my hat into the ring on...

Again, with the caveat that I am only 20 pages in, the general understanding so far seems to be that Roe V. Wade was overuled due to the fact that that it ignored some very important things...

Firstly, the court upheld the tenth amendment, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”, by stating, until Roe V. Wade, there was nothing in the Constitution that discussed abortion. Thereby the court is choosing to leave it up to the states and their duly elected representatives...

I.e., if you don't want abortion to be illegal in your state, get out and fucking vote.

Secondly, and in reference to my first point, the court upheld a long standing tradition of essentially, if there is nothing in the Constitution about this issue, we must look to the general laws already in place in the majority of states. At the time of Roe v. Wade, 30 states had regulations regarding abortion. Roe v. Wade supplanted that tradition.

Third, in reference to points 1 and 2 above, and this will be a direct quote from page 9... 

"Constitutional analysis must begin with “the language of the instrument,” Gibbons v. Ogden, 9 Wheat. 1, 186–189(1824), which offers a “fixed standard” for ascertaining what our founding document means, 1 J. Story, Commentaries on the Constitution of the United States §399, p. 383(1833). The Constitution makes no express reference to right to obtain an abortion, and therefore those who claim that it protects such a right must show that the right is somehow implicit in the constitutional text."


By my understanding, it is the duty of the Supreme Court to measure, under strict scrutiny, whether a law supports or defies the Constitution and nothing else. This isn't really about abortion rights per se, but whether or not the Federal Government has a right to interfere with state law regarding abortion.

You are Absolutely Correct.
My Husband, who knows and understands the Constitution of The United States pretty well said basically the same thing you just did.
Those people with their Panties In A Wad Up the Crack of their Ass need to S T F U!
Like you said, they need to Vote or Move.
minusculehail   @"MalevolentTwitch"  minusculegoodjob
Once A Rogue, Always A Rogue!
[Image: attachment.php?aid=936]


Messages In This Thread
Roe vs. Wade overturned - by Chiefsmom - 06-24-2022, 03:33 PM
RE: Roe vs. Wade overturned - by Chiefsmom - 06-24-2022, 04:02 PM
RE: Roe vs. Wade overturned - by NightskyeB4Dawn - 06-24-2022, 04:19 PM
RE: Roe vs. Wade overturned - by wtbengineer - 06-29-2022, 05:08 AM
RE: Roe vs. Wade overturned - by Ninurta - 06-29-2022, 06:34 AM
RE: Roe vs. Wade overturned - by guohua - 06-24-2022, 06:06 PM
RE: Roe vs. Wade overturned - by ChiefD - 06-24-2022, 06:30 PM
RE: Roe vs. Wade overturned - by NightskyeB4Dawn - 06-24-2022, 06:45 PM
RE: Roe vs. Wade overturned - by EndtheMadnessNow - 06-28-2022, 04:55 AM
RE: Roe vs. Wade overturned - by Chiefsmom - 06-24-2022, 06:45 PM
RE: Roe vs. Wade overturned - by Chiefsmom - 06-24-2022, 06:45 PM
RE: Roe vs. Wade overturned - by NightskyeB4Dawn - 06-24-2022, 07:19 PM
RE: Roe vs. Wade overturned - by Snarl - 06-24-2022, 07:34 PM
RE: Roe vs. Wade overturned - by NightskyeB4Dawn - 06-24-2022, 07:46 PM
RE: Roe vs. Wade overturned - by Snarl - 06-26-2022, 04:00 PM
RE: Roe vs. Wade overturned - by Ninurta - 06-26-2022, 10:48 PM
RE: Roe vs. Wade overturned - by senona - 06-28-2022, 05:14 AM
RE: Roe vs. Wade overturned - by Ninurta - 06-28-2022, 07:18 PM
RE: Roe vs. Wade overturned - by NightskyeB4Dawn - 06-28-2022, 07:38 PM
RE: Roe vs. Wade overturned - by BIAD - 06-24-2022, 08:04 PM
RE: Roe vs. Wade overturned - by MalevolentTwitch - 06-24-2022, 08:11 PM
RE: Roe vs. Wade overturned - by guohua - 06-24-2022, 09:44 PM
RE: Roe vs. Wade overturned - by ChiefD - 06-24-2022, 09:38 PM
RE: Roe vs. Wade overturned - by NightskyeB4Dawn - 06-24-2022, 10:28 PM
RE: Roe vs. Wade overturned - by Ninurta - 06-24-2022, 11:21 PM
RE: Roe vs. Wade overturned - by GeauxHomeLittleD - 06-25-2022, 12:12 AM
RE: Roe vs. Wade overturned - by Ninurta - 06-25-2022, 01:52 AM
RE: Roe vs. Wade overturned - by GeauxHomeLittleD - 06-25-2022, 02:36 AM
RE: Roe vs. Wade overturned - by NightskyeB4Dawn - 06-25-2022, 02:58 AM
RE: Roe vs. Wade overturned - by MalevolentTwitch - 06-25-2022, 03:10 AM
RE: Roe vs. Wade overturned - by Ninurta - 06-26-2022, 05:07 AM
RE: Roe vs. Wade overturned - by DuckforcoveR - 06-25-2022, 04:33 AM
RE: Roe vs. Wade overturned - by guohua - 06-25-2022, 04:50 PM
RE: Roe vs. Wade overturned - by DuckforcoveR - 06-26-2022, 04:16 AM
RE: Roe vs. Wade overturned - by beez - 06-26-2022, 02:58 PM
RE: Roe vs. Wade overturned - by OmegaLogos - 06-27-2022, 05:45 AM
RE: Roe vs. Wade overturned - by NightskyeB4Dawn - 06-27-2022, 02:46 PM
RE: Roe vs. Wade overturned - by FlyingClayDisk - 06-27-2022, 06:58 AM
RE: Roe vs. Wade overturned - by senona - 06-28-2022, 05:25 AM
RE: Roe vs. Wade overturned - by Ninurta - 06-28-2022, 07:39 PM
RE: Roe vs. Wade overturned - by senona - 06-28-2022, 08:06 AM
RE: Roe vs. Wade overturned - by NightskyeB4Dawn - 06-28-2022, 01:46 PM
RE: Roe vs. Wade overturned - by Ninurta - 06-28-2022, 07:55 PM
RE: Roe vs. Wade overturned - by NightskyeB4Dawn - 06-28-2022, 08:31 PM
RE: Roe vs. Wade overturned - by Ninurta - 06-28-2022, 07:46 PM
RE: Roe vs. Wade overturned - by NightskyeB4Dawn - 06-28-2022, 09:10 PM
RE: Roe vs. Wade overturned - by Ninurta - 06-28-2022, 11:55 PM
RE: Roe vs. Wade overturned - by Ninurta - 06-29-2022, 06:20 AM
RE: Roe vs. Wade overturned - by NightskyeB4Dawn - 06-29-2022, 01:13 PM
RE: Roe vs. Wade overturned - by Ninurta - 06-29-2022, 08:38 PM

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