Posted on 12/01/2021 10:44:15 AM PST by TexasGurl24
It has been nearly 30 years since the Supreme Court’s decision in Planned Parenthood v. Casey, which reaffirmed the fundamental right to abortion, first guaranteed by the court’s 1973 ruling in Roe v. Wade. Only one justice who participated in Casey is still on the court now: Clarence Thomas, who joined an opinion by then-Chief Justice William Rehnquist arguing that “Roe was wrongly decided, and that it can and should be overruled.” After nearly two hours of oral argument on Wednesday in Dobbs v. Jackson Women’s Health Organization, a challenge to a Mississippi law that bans almost all abortions after the 15th week of pregnancy, it seemed that at least four of Thomas’ current colleagues are inclined to uphold the law. That decision would further curtail the right to abortion and undermine a key component of Roe and Casey. But the justices were once again deeply divided over whether to formally overturn those precedents, as Mississippi and its supporters are seeking.
Enacted by the state’s legislature in 2018, the law – known as the Gestational Age Act – has never gone into effect. Both a federal district court and the conservative U.S. Court of Appeals for the 5th Circuit blocked the law, explaining that Roe and Casey bar states from banning abortions before viability – which occurs at around 24 weeks of pregnancy. Mississippi then came to the Supreme Court, asking the justices to weigh in and, after the court agreed to take up the case, overturn those landmark decisions.
At least three justices – Thomas and Justices Samuel Alito and Brett Kavanaugh – appeared inclined to overrule Roe and Casey outright. Kavanaugh suggested that the Constitution does not directly address the question of abortion and that the issue should instead be left to the democratic process. If Mississippi were to prevail, he noted, the majority of states could still opt to allow access to abortion.
Chief Justice John Roberts appeared ready to uphold the law, but he focused primarily on the 15-week ban, rather than on the bigger question of whether to overrule Roe and Casey entirely. Roberts, who in 2020 voted to strike down a Louisiana law that made it harder for doctors to perform abortions on the ground that the law was virtually identical to a Texas law that the court had invalidated four years earlier, suggested that 15 weeks would be enough time for women to decide whether to obtain an abortion. His comments suggest the potential for a ruling that nominally keeps Roe and Casey in place but scraps the viability line – a decision that would allow Mississippi and other states to prohibit abortions at some points prior to when a fetus can live outside the womb.
Kavanaugh is one of three justices appointed by former President Donald Trump, who promised as a candidate that he would nominate justices who would overturn Roe. Trump’s other two appointees, Neil Gorsuch and Amy Coney Barrett, did not tip their hands as clearly as Kavanaugh. Barrett posited that “safe haven” laws, which allow parents to give up their newborns at designated safe places, might help to ease the burdens of parenting, which both Roe and Casey emphasized – a comment that might signal that she regards the premise of Roe and Casey as having changed.
The court’s three liberal justices — Stephen Breyer, Sonia Sotomayor, and Elena Kagan — emphasized that overruling Roe and Casey would undermine the court’s legitimacy by creating the sense that the “Constitution and its reading are just political acts” that hinge on the court’s membership at any particular moment in time. Sotomayor made the point most explicitly, asking aloud whether the court would “survive the stench” that overruling Roe and Casey would create. But if there were two more votes to join the liberals and strike down the Mississippi law, it was hard to see them on Wednesday.
“The most hilarious quote by the liberal justices,the statement that overturning roe will make the court’s decisions appear to be political, when things like abortion and gay marriage were totally political decisions having nothing to do with the Constitution.” The problem with Sotomayor’s statement is that this will not be the first time a controversial Supreme Court decision has been made. It’s like a boy (Sotomayor in this case) crying wolf too many times. Once one does that, her next complaint about a Supreme Court decision she doesn’t like loses its impact. Didn’t she complain about the recent Supreme Court decision that the CDC can’t unilaterally impose an eviction moratorium? It’s generally known that Covid-19 has been politicized (look at the 2020 general election). If the Supereme Court was already political in the summer of 2021, then her argument loses its potency.
Roe absolutely belongs in the dustbin of history as it is an affront to nature and its Creator. I hope and pray it is overturned.
That said, if it is finally overturned, the good people of this country need to be prepared for all Hell to literally break loose. (And I never use the word “literally”). Sacrificing babies to Moloch is a sacrament of the left.
We need to be ready for anything as the left is going to throw the mother of all temper-tantrums if Mississippi prevails. Burning, raping, looting will all be justified in the liberal press as reasonable responses. It also has implications for the mid-term elections as it will be hugely motivating for a subset of Democrat voters.
Quote: “ Other than your crazed rhetoric, can you point to specific things from the oral argument (that you didn’t listen to) that would support your contention?”
With respect, go back and listen to Roberts during the Obamacare argument. Then, read his opinion. He was clearly leaning toward holding that Obamacare was not authorized by the Commerce Clause. But what happened in the interim was he became intimidated by threats. Thus we got the fee not a tax crap and some dicta about the Court not resolving everyone’s political issues.
I have been involved in and seen plenty of oral arguments where the opinion didn’t match with the expectations created by oral argument.
Today’s oral argument would lead to a belief that this law would be upheld. BUT, Roberts has demonstrated he is a coward who can be intimidated and have his “head turned.” Kavanaugh and Barrett have demonstrated that they can be intimidated by Roberts to go along.
My theory is that their “status” is the vulnerability that makes them do what they do.
May they do the right thing here? Sure. But this would be a bigger decision than ruling in the election cases. How did those go at the Supreme Court?
I actually think that Schumer would probably welcome a decision to uphold the Mississippi law, despite whatever crap comes out of his mouth if Court eventually upholds it. He will calculate that this will be their best chance to hold the Senate by having the Democrat candidate running in states like Georgia, Ohio, NC, Wisconsin, Florida etc. hammer home a single issue - that electing Democrats to the Senate will be the only way to preserve what is left of Roe v Wade.
They will figure that will play well with the suburban women who might otherwise be disposed to voting Republican this time given the mess President Brandon and the Congress have made in less than 2 years.
Once again, are you willing to put money on the line?
The law getting struck down is at 20 cents on Predicit.
As usual whatever the “wise Latina” position is
I take the opposite position. She doesn’t belong
on the court.
I wouldn’t take that bet. It’s possible for politicians to do the right thing, just very unlikely. And since the politicians in question would suffer a significant loss of their cocktail circuit stature, the chance of RvW being overturned are very low indeed.
Stop wasting your time hoping that somehow, some way politicians will do the right thing. Cultural separation is what’s needed.
“ The most hilarious quote by the liberal justices,the statement that overturning roe will make the court’s decisions appear to be political, when things like abortion and gay marriage were totally political decisions having nothing to do with the Constitution.”
+++++
I heard that. And you are SPOT ON with your comment. As if “political decisions” by the Supreme Court are somehow something new.
“...creating the sense that the “Constitution and its reading are just political acts” that hinge on the court’s membership at any particular moment in time.”
“Sotomayor made the point most explicitly, asking aloud whether the court would “survive the stench” that overruling Roe and Casey would create.”
PROVING the previous point.
The “stench” would be the rotting corpses of dead aborted babies after their valuable/sellable parts had been removed.
Bingo! And a majority of our spineless Justices will be afraid to overturn RvW and thus be responsible for riots.
Roberts has all the bravery of a mouse.
There is NOTHING more EVIL than abortion.
For the women that choose them, the doctors who perform them (FOR MONEY), to the GHOULS that make MONEY from SELLING dead baby parts, to the people that ACCEPT the dead baby parts, to the politicians and judges/justices that allow this abomination to continue, to the people in general who support abortion in words or deeds.
Without repentance AND forgiveness YOU ARE ALL GOING TO HELL for all eternity. God will not be mocked! You will pay!
In the mean time can we save just ONE for Jesus? and then another, and then another...
A Billion Starving People, by Keith Green
I find it hard to turn away
A billion starving people
But what can one do?
I’ve heard you say
You can’t save someone’s life
I want to save a life today
I want to get someone close with my Father
Feed them the bread of life today
I want to help them get stronger
Help them last longer
And give them a chance to see Jesus
I find it hard to just ignore
The murdered unborn children
Yes, times have changed
But still God warns
You shall not take a life
I want to save a life today
I want to keep one alive for my Father
Who will avenge the blood
Of weak and helpless ones someday
Whose lives are spilled out like water
Lambs in the slaughter
And each one is handmade by Jesus
I find it hard to turn away
A billion starving people
A billion starving people
https://www.youtube.com/watch?v=uqjwKdfCi9Y
Some of the photos in this video remind me of my mission trips to Mexico.
Oh good, that is great. I mis-read the article. Liberals still stink and Freepers shoot from the hip without properly reading. All SOP. Thanks
It is the right decision. Roe vs Wade violated the 10th Amendment. Regulation of abortion belongs to the states. Harry Blackmun and the 6 other justices violated their oath with that decision. It is not legal and should be reversed.
Ok, how much?
Because, you know, putting money on the line changes history and/or makes an opinion stronger.
Hey, I bet $X!!! Wow, that bought a time machine that magically changed Roberts opinion vis-a-vis Obamacare.
If only I’d known this sooner.
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