Posted on 05/03/2022 11:45:29 AM PDT by ChicagoConservative27
Even if they get rid of the filibuster and pass legislation, if the Supremes strike down Roe, then expect them to strike down any Congressional attempt to reinstitute the provisions of Roe without passing an amendment. The power belongs to the states, not to the federal government, and Congress cannot change that without an amendment.
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Perfectly clear. Well done!
make it the right of the state to control and punish. If you don’t like it go to a state you do like.
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Exactly as it should be!
“Congress ‘Gets the Final Word’ on Roe v. Wade”
Well, no.
38 States get the final word.
But Congress can certainly submit an amendment to the States regarding abortion, as long as they have 2/3 of each House.
I always wait for a stupid fake Indian squaw to tell me what to think 🤪
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Bwahahahaha, hilarious!
The Supreme Court hasn’t put it anywhere, yet. They apparently are going to say that it isn’t up to the Supreme Court itself, but the question of whether Congress can regulate it isn’t properly before them.
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In the draft of the decision I read online last night it is stated that the proper venue for determination regarding the issue is at the State level.
It’s a real tragedy all these rabid abortion supporters’ mothers didn’t believe in abortion they way they do.
I’m just old-fashioned and believe that Congress should follow the text and spirit of the document that established Congress in the first place.
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Likewise. Which is why I maintain that arguments supporting the right to abortion in Rov v Wade were based on what has been coined the “penumbra” of the powers defined in the Constitution rather than on the literal meaning of its provisions.
It will be interesting how this plays out. It is also interesting that SCOTUS didn't keep Roe v. Wade and draw that same line themselves - if you can't make up your mind in 12 weeks, we'll make up your mind for you.
Let em “put it on the ballot.”
Did you see Baris’s commentary on Faux’s poll (which showed strong opposition almost across every subgroup to abortion?) Baris said it matched his own.
I just read it, and saw no such holding. There were some statements about leaving the decision on abortion to "the elected representatives of the people" versus the judiciary. The case was discussed in the context of a state making law because that was the specific issue before the Court. But the only truly binding language was the language saying there was no constitutional right to an abortion.
Whether Congress can make those decisions wasn't part of the draft opinion, and won't be part of the final opinion because that isn't an issue in the case before the Court.
I haven’t seen that segment. Various polls that I have examined over the years indicate that abortion isn’t as popular as the Left imagines it to be.
I just read it, and saw no such holding.
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“The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. We now overrule those decisions and return that authority to the people and their elected representatives.”
You can parse those sentences however you wish but “return that authority to the people and their elected representatives” clearly refers in the preceding sentence to the citizens of EACH INDIVIDUAL STATE having the power to regulate or prohibit abortion. Congress may attempt to nullify that power but successfully overriding this decision is unlikely.
The issue of whether Congress can regulate abortion is not before the Court. It would take another case to parse that out. Feel free not to believe me, though.
The issue of whether Congress can regulate abortion is not before the Court. It would take another case to parse that out.
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Of course! I’ve already implied as much. Reread my last sentence. And there’s nothing at all wrong with assuming what the Court “meant”. In its citing of previous decisions the Court itself does that all the time!
For my entire life “vaginal politics” has dominated the political discourse in the USA. Can we get off this subject?
She is just wrong. If the draft opinion is what the final opinion is going to be then the opinion will state that the 10th amendment requires abortion is an issue reserved for the states.
Congress can not pass a law that infringes on state rights. Since the opinion would state that abortion is a state rights issue, any law passed by congress that attempted to infringe on states rights would be immediately thrown out at the circuit court level.
If congress tried to tie any funding from the fed with a requirement that the state pass laws making abortion legal in that state it would be shot down for commandeering.
No, it won't.
The Supreme Court only adjudicates the case before it, which in this case is whether or not there is a Constitutional right to an abortion. The issue of whether Congress can regulate abortions is not before the Court in any form, and hasn't even been briefed by either side. SCOTUS won't touch that issue because it isn't part of this case.
So what's going to happen is that Roe will get tossed, and then if Congress codifies Roe by passing legislation, there will be cases challenging whether or not Congress can do that. But this particular case will not resolve that question.
Fair enough, but the fact that his case will not rule on that makes this a bit more interesting politically than this otherwise might be. Democrats will have to try to pass something to appease their outraged constituents, and the internal Democrat debate over what that law should like like could get really interesting because Democrats themselves don't agree on that.
So on the one hand, you're going to have the hard-core progressives and feminists insisting on a bill that guarantees abortion without any restrictions at all, and likely including federal funding. But there will be other Democrats who know that "abortion up until birth" is a horrible loser politically, especially if paid for with taxpayer dollars. So they'll oppose that kind of broad legislation, and that means we may well see a very nasty internal fight among Democrats regarding the scope of abortion rights to be defined by Congress.
The point is that regardless of what the courts eventually decide about Congress' right to regulate abortion, we're first going to get the Democrat civil war over exactly what that right will encompass, and that could help us in November.
The point is that regardless of what the courts eventually decide about Congress’ right to regulate abortion, we’re first going to get the Democrat civil war over exactly what that right will encompass, and that could help us in November.
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I heartily concur with every thought you’ve expressed in this post.
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