BREAKING: Roe v. Wade might be overruled or severely weakened by SCOTUS (user search)
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  BREAKING: Roe v. Wade might be overruled or severely weakened by SCOTUS (search mode)
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Author Topic: BREAKING: Roe v. Wade might be overruled or severely weakened by SCOTUS  (Read 12422 times)
brucejoel99
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Posts: 19,841
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Political Matrix
E: -3.48, S: -3.30

« on: May 17, 2021, 01:56:12 PM »

I realize that it's already too late to prevent this thread from turning into a multi-page dumpster-fire of ERM's speculation (let alone speculation concerning actual nuanced strategies which the various justices may very well be considering here), but something important to keep in mind would be the fact that SCOTUS only granted cert on just a single question:

Quote from: Petition for Certiorari, Dobbs v. Jackson Women's Health Organization
Whether all pre-viability prohibitions on elective abortion are unconstitutional?

This question is important to keep in mind because it doesn't really enable the Court to overturn any of its relevant precedent so much as to utilize this case to clarify what they consider to be a "substantial obstacle."
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brucejoel99
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*****
Posts: 19,841
Ukraine


Political Matrix
E: -3.48, S: -3.30

« Reply #1 on: May 18, 2021, 12:56:14 AM »

Only people who voted for Hillary Clinton on 11/8/2016 get to complain if they overturn Roe v. Wade.

I was not eligible to do so but I voted for Biden can I still complain please

Same here with the extra caveat that I literally worked on the Hillary campaign, so I'd also like to request permission to complain.
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brucejoel99
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*****
Posts: 19,841
Ukraine


Political Matrix
E: -3.48, S: -3.30

« Reply #2 on: May 19, 2021, 12:50:16 AM »

They aren't going to ban abortion or completely overturn Roe v. Wade.

Most likely scenario is they allow some of the restrictions red states are trying to pass through, but it will have little practical effect because those states have already minimized abortion access through various means anyway. Blue states will still be free to keep things as they are with no significant changes.

That's my prediction, anyway.

This is pretty obviously the likeliest outcome, given that - again - the only question which the Court actually chose to grant cert on was "are all pre-viability prohibitions on elective abortion unconstitutional?" Within the scope of said question, the worst that the Court can really do is only hold that not all pre-viability abortion bans are automatically unconstitutional (i.e., that some can indeed be valid) before then remanding the rest of the case back to the lower courts to try & decide whether or not the MS restriction in & of itself is constitutional, thereby leaving a decision concerning the particular details thereof for another day. For the time being, though, the central holdings of Roe/Casey - that women still hold the constitutional right to have an abortion - won't be touched in that the confines of this case as they're currently constituted don't really provide an angle through which they can even be touched yet, at least insofar as the Court doesn't really have the ability to say anything here beyond "we're open to hearing states out on why pre-viability bans may be constitutional."

Granted, this obviously helps to lay the groundwork for a potential "death-by-a-thousand-cuts" approach at striking down the foundations of our abortion jurisprudence, but it's not the inherent death-knell that many are arguing it is in & of itself.
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