Posted on 07/12/2022 11:43:50 AM PDT by ButThreeLeftsDo
There are still federal due process issues. A MN SC can't just arbitrarily make up something in the MN Constitution that isn't actually there.
Not that the USSC often does overturn such an arbitrary state ruling. But it can. And it should.
I never have understood justifying abortion on the basis of a right to privacy.
Does this mean that it is okay for me to murder someone so long as I kill them in a place where no one will see me?
Somebody help me here . . . .
= = =
Yes, I have had thoughts along those lines.
Like “My Body My Choice”. . .
So I can use my body to murder someone?
I don't believe that is correct. The due process rights being violated must be those of a citizen of that state. So, it is possible that a state law could be so arbitrary that it denies a citizen due process, or otherwise infringes on that citizens constitutional right. In that case, the US Supreme Court could take the case even though the underlying matter is purely one of state law.
But in this particular instance, there is nobody's due process right being violated by a state judge saying abortion is legal. And you can't argue that its the right of The unborn fetus because the US Supreme Court already said that is not a federal right that can be protected.
What about the people of MN and their state legislators?
The people of MN elected their state legislators. Their state legislators man anti abortion laws.
If the MN ruling arbitrarily strikes down these laws (I've not read the MN Constitution, nor the laws), then the due process rights of the people of MN are being abridged.
nope judges in MN are appointed by the governor.
Making due process claims possible when there is no substantive right being violated would create a federal case out of every single state case where one party believes the court "got it wrong". I think the federal courts could and wood rule that they have no jurisdictions over the general question of whether or not state law has been correctly applied in a given case. They've never done it before, and it would effectively make every single state case appealable to SCOTUS.
SCOTUS has ruled.
The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives.
This is a Minnesota state issue now.
Except it’s not private....there are MANY people involved...both doctors, nurses, office workers, insurance people...
. . . not private.
Very true. Like all leftist arguments, full of holes.
Calling something unconstitutional when you know nothing about a constitution is stupid
I'd blame a lot on women...they're not rational...they just make things up.
SCOTUS has ruled. The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives. This is a Minnesota state issue now.
Yes the authority has been returned to the people and their state representatives.
The people of MN elected their state legislators. Their state legislators made MN state anti abortion laws.
Unless the MN state constitution says otherwise, this SC judges ruling is arbitrary and is anti federal constitution.
I've already said whose due process rights are being violated. And one party always has the right to appeal a decision.
I think the federal courts could and wood rule that they have no jurisdictions over the general question of whether or not state law has been correctly applied in a given case. They've never done it before, and it would effectively make every single state case appealable to SCOTUS.
It has been done before.
The people of MN elected their state legislators. Their state legislators made MN state anti abortion laws.
Unless the MN state constitution says otherwise, this SC judges ruling is arbitrary and is anti federal constitution.
A court ruling on the constitutionality of a law is part of the legislative process.
This state court ruling doesn't infringe on anybody's U.S. Constitutional rights, so SCOTUS has no reason to even take the case, let alone strike down the state court's ruling.
This matter will be decided in Minnesota, not Washington, DC.
Well, you can certainly file a notice of appeal or motion for a writ of certiori for anything. The clerk will time-stamp it and it will be legally filed because they don't get involved in legal issues. But the feds aren't going to have jurisdiction over cases handled by a state court unless there is a tangible federal right at issue. But I don't even think we're talking about an appeal at all, actually.
It has been done before.
I'll bet it hasn't. What case?
I mean, think this through. What you'd have is a suit by a private party against the State, claiming that the state's anti-law is unconstitutional. The state's own Supreme Court would decide in favor of the suing party. So, the only party that could appeal that judgement would be the state itself, appealing to the federal government that it's own court system deprived the state of due process. That's nuts, and has never happened.
What you'd actually have to have is a separate lawsuit filed by a citizen, claiming that the state Supreme Court's decision that the State Constitution protected abortion was wrong. So you'd sue...who, exactly? The state Supreme Court, for violating your rights as a voter? The Supreme Court has never taken such a case, and never will. Especially since the issue isn't whether or not the State can protect the right to an abortion, because clearly it can. The only question would be one of pure state law interpretation, and the Court doesn't touch those.
Unless you can find in the MN Constitution where the MN judicial branch can make laws, or that the existing anti abortion laws in MN violate the MN constitution, then the MN court is acting arbitrarily and is violating the federal constitutional due process rights of the people of MN and their elected representatives.
This matter will be decided in Minnesota, not Washington, DC.
The matter of these abortion laws was decided in MN, by the people and their elected representatives. The matter of due process and any rogue judges violating it, on any local, state or federal court is a US constitutional matter.
That not the example we have here. The courts represent only one branch of state government.
It's the judge's supposed arbitrary ruling that the state executive branch, the state legislature or the private party can claim is not federally constitutional.
The baby killers are all coming out of the woodwork—
The baby killers are all coming out of the woodwork—
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