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Could America Get a Supreme Court that Would Make Abortion Illegal?

Posted on 11/20/2016 6:51:09 AM PST by pinochet

If the Trump administration appoints 2 conservative Supreme Court judges, would that be enough to overturn Roe v Wade?


TOPICS: Constitution/Conservatism; Culture/Society; Politics/Elections; Your Opinion/Questions
KEYWORDS: abortion; prolife; roevwade; supremecourt
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To: Freedom_Is_Not_Free

Correction, Kennedy is not a flaming lib, but my point still stands. Replacing flaming libs Ginsberg and Breyer, as well as left of center Kennedy with constitutional conservatives, does stack the court in our favor and would produce years of rulings on par with the intent of the Constitution.

That was my poing.


61 posted on 11/20/2016 8:31:01 AM PST by Freedom_Is_Not_Free (The GOP will see the light, because Trump will make them feel the heat.)
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To: pinochet

This isn’t an abortion discussion. The OP is asking a question about SCOTUS. Nobody here seems to be answering that question but me.

Lets give the OP a little help answering his question.


62 posted on 11/20/2016 8:32:06 AM PST by Freedom_Is_Not_Free (The GOP will see the light, because Trump will make them feel the heat.)
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To: Mrs. Don-o

I understand that, and if it were up to me it would be outright banned.

But I have to manage expectations; half the country doesn’t think the same way.


63 posted on 11/20/2016 8:33:08 AM PST by Not A Snowbird (SandyInPeoria just doesn't sound right... yet here I am.)
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To: ModelBreaker

Thank you and I believe you’re right. Understanding and reinstating the Constitution as the Supreme Law of the Land against the feds is probably America’s greatest political challenge in the coming years because the Constitution is the only legal bulwark of freedom against the unconstitutional acts of the feds which by definition is tyranny.

That is why I have a website, not quite finished, for this very reason.

https://sonsofconstitutionalliberty.com/

Check it out. Let me know what you think.


64 posted on 11/20/2016 8:35:20 AM PST by Jim W N
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To: glaseatr

I have more on my website which is not quite finished.

https://sonsofconstitutionalliberty.com/

Check it out. Let me know what you think.


65 posted on 11/20/2016 8:37:43 AM PST by Jim W N
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To: southern rock
Nearly everyone who becomes pregnant made a choice to do the baby-making thing. To employ their baby-making parts in a baby-making way via choosing a baby-making act.

I know where babies come from. Pretty near everybody does. Nobody but a mentally impaired person can fail to see the possible consequences of letting somebody insert 100 million live spermatozoa up their genital tract.

If you like, we could discuss the concept of "strict liability"

66 posted on 11/20/2016 8:39:18 AM PST by Mrs. Don-o (It's not the unborn child's "full humanity" that's in question, but our own.)
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To: pinochet

How about a SCOTUS that kicks that decision out of the penumbra and puts it in the Legislature where it belongs.


67 posted on 11/20/2016 8:42:56 AM PST by NonValueAdded (#DeplorableMe #BitterClinger #HillNO! #MyPresident)
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To: pinochet

68 posted on 11/20/2016 8:44:15 AM PST by CodeToad (Ding Dong, the Bitch is Dead!!!)
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To: pinochet
Could America Get a Supreme Court that Would Make Abortion Illegal?

Probably no.

If the Trump administration appoints 2 conservative Supreme Court judges, would that be enough to overturn Roe v Wade?

Possibly yes.

Your two questions are not the same, if Roe v Wade were over turned, then the only thing that happens is that the issue returns to the states where it should have been left.

It would be come a patchwork with some states being very liberal with allowing abortions and some restricting them greatly.

I will go out on a limb and predict that none will outlaw them completely.

A true "outlawing" of abortion will come when the Constitution includes a amendment defining what a "person" is and the unborn begin to fall under the "Due process" clause in the Fifth Amendment.

69 posted on 11/20/2016 8:47:53 AM PST by Harmless Teddy Bear (Not a Romantic, not a hero worshiper and stop trying to tug my heartstrings. It tickles!)
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To: SandyInSeattle
Well yeah, nobody would expect it to happen instantly But we have to educate and organize toward this end, while taking every incremental step we can possibly take.

Every campaign toward an incremental end helps to educate the electorate.

70 posted on 11/20/2016 8:52:12 AM PST by Mrs. Don-o (It's not the unborn child's "full humanity" that's in question, but our own.)
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To: refermech

“maybe ... get the gov to stop paying for them.” Also,
stopping the selling of BABY BODY PARTS for profit by
these quiche-eating ghouls. When big $$$$$$$ gets hold of
anything, it gets CRAZY. Even murdering full-term babies
& selling their organs for cash while bartering over salads
and wine for “product” compensation to add to government
subsidies. IF BLACK PEOPLE ever catch on to MARGARET
SANGER’S genocidal plans; they will likely dig her up and
beat her dead body black and blue.


71 posted on 11/20/2016 8:52:25 AM PST by Twinkie (John 3:16)
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To: ClearCase_guy
Plessy v Ferguson overturned by Brown v Board of Education

Actually, Plessy was NOT overturned by Brown, and the justices explicitly said so in their ruling.

The basis for their ruling was not equal protection, nor privileges and immunities.

The basis was "new discoveries in the social sciences" that (allegedly) found that CHILDREN were uniquely harmed by separation because in gave them a "badge of inferiority" which caused permanent harm.

Plessy was rendered moot by the Civil Rights Act of 1964, which (if constitutional) made the rights of the State of Louisiana protected by Plessy null and void.

72 posted on 11/20/2016 9:21:34 AM PST by Jim Noble (The pump don't work 'cause the vandals took the handles)
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To: Jim 0216

Thanks Jim, I will!


73 posted on 11/20/2016 9:21:45 AM PST by ModelBreaker
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To: pinochet
Make abortion illegal

The Supreme Court did not "make abortion legal", since they have no such power.

They enjoined the enforcement of the laws of all 50 states governing abortion (which varied quite a bit among themselves) on basically invented grounds.

74 posted on 11/20/2016 9:23:27 AM PST by Jim Noble (The pump don't work 'cause the vandals took the handles)
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To: itsahoot

I agree and you are right.

I just don’t think the Court will declare it murder just yet. It might happen that they do, but it seems more likely they will reverse Roe v. Wade as covered by the 4th Amendment.

Such a ruling would then hand it back to the states.


75 posted on 11/20/2016 9:25:21 AM PST by Hostage (ARTICLE V):)
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To: pinochet

It’s doubtful that the Supreme Court would uphold a ban or severe restrictions on first trimester abortions.


76 posted on 11/20/2016 9:30:39 AM PST by Ted Grant
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To: pinochet

Let’s be clear, regardless the opinions of the extremists on the SC, abortion is not a constitutional right. Constitutional rights must apply to everybody irrespective of any differences. As there is currently NO way for about half the population to exercise this “right” (men) it is a fools argument to position otherwise.


77 posted on 11/20/2016 9:47:46 AM PST by Sgt_Schultze (If a border fence isn't effective, why is there a border fence around the White House?)
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To: Jim 0216; pinochet

>
THE CONSTITUTION GIVES NO AUTHORITY TO THE FEDS REGARDING ABORTION
>

Nor, IMO, it is a STATE issue: “...certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness...”. Just the opposite (”...That to secure these rights, Governments are instituted among Men...”

Sex (’non-consensual’ is another topic of discussion/debate) begets the repercussion of said action, be that disease\pregnancy\etc.

The child(ren) thereof, bestowed the *ONLY* Right of that moment: Life.

It is not up to the parent(s), let alone govt, to allow another murder, be that convenience (the ‘health’ issue, rare as it might be...debate, another time) or any other ‘reason’.

Course, we have fallen into pseudo-Banana-Republic territory that the talk is rather moot. Aside from troops in homes, there is little left of the Constitution, that I can think of at the moment, in actual practice.


78 posted on 11/20/2016 9:56:15 AM PST by i_robot73 ("A man chooses. A slave obeys." - Andrew Ryan)
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To: Mrs. Don-o

Understood. It’s up to you to make it happen.


79 posted on 11/20/2016 10:39:05 AM PST by Mustangman
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To: i_robot73

Well, the moral issues you bring up as true as they may be, are NO business of the feds who are LIMITED by the Constitution. It is up to the states, sovereign outside the Constitution, and the people of those states to deal with those issues.

People get so confused - it is the feds who have illegally and unconstitutionally taken the Bible and prayer out of the schools, have force immorality into the schools, forced the states to overturn their anti-abortion laws. The illegal and unconstitutional Feds are the main purveyors of morality in our country.

Throwing up you hands about the erosion of the Constitution isn’t helpful. Fight back by getting yourself, others and your state to align with the Ninth and Tenth Amendments of the Constitution and RESIST and NULLIFY unconstitutional federal acts which by definition are acts of tyranny.


80 posted on 11/20/2016 10:40:34 AM PST by Jim W N
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