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To: Cletus.D.Yokel

“I can agree somewhat but BOTH sides know that the SCOTUS can’t “overturn” RvW. They can only vacate and send it back to the states (10th A).“

I agree that the SOTUS cannot overturn RvW as what they would be doing is vacating the decision, which itself would send abortion back to the states. We agree on that part.

What they COULD do is define when a fetus is legally a human, which would then override any state law allowing abortion once the baby reaches that point. For example, if they declared that a fetal heartbeat means an individual human, that human now gets Constitutional protection and aborting it becomes murder. There is definitely a way to end this travesty via the court, but the proper case would need to come along. Perhaps by a father who’s baby was murdered in the womb by the mother.


816 posted on 02/13/2019 2:03:49 PM PST by BlueMondaySkipper (Involuntarily subsidizing the parasite class since 1981)
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To: BlueMondaySkipper

Actually, the proper thing to do is to invalidate RvW on the grounds that there is no Constitutional right to privacy, especially one that includes abortion. That would restore 1972 law, and send the issue to the states. In a properly situated case, they might also be able to determine whether babies in the womb are entitled to Constitutional rights, such as due process before being murdered. But the most likely was the decision will come about is as a challenge to a state law restricting abortion, so the decision will probably be limited. Most likely, the second part of that issue would be raised in a later decision, after a state law allowing abortion was challenged on behalf of the child.


861 posted on 02/13/2019 4:25:35 PM PST by Defiant (I may be deplorable, but I'm not getting in that basket.)
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