South Carolina...

[Bono]

... is now the first part of this nation to be free of abortion.
Par-tee.

[Bono]

AAAARRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRIBA!!!!!





 

[Ebowed]

w00t.

[Q]

Interesting choice of pictures.  I think that third one just about sums up the people who want to outlaw abortion in all instances.

[Schmitz in 1972]

Excellent!

[afleitch]

... is now the first part of this nation to be free of abortion.
Par-tee.

Free of legalised abortion. It has now just been driven underground.

[Jake]

Nice job gentlemen

[Keystone Phil]

It is a great day for all Atlasians, born and unborn.

[Joe Republic]

I predict sales of wire coathangers to increase in the state.....

[TomC]

I predict sales of wire coathangers to increase in the state.....

Don't give anyone an idea for our Jan initiatives...

Oh, and ewww.

[Kevin]

Lets give a round of appluse to Bono.

[Max Power]

I predict sales of wire coathangers to increase in the state.....

[Q]

Is this ballot question constitutional?  The Community Choice Initiative provides only for the prohibition of "facilities" that perform abortion, not the practice itself.

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What law allows sections 2 and 3 of this referendum?

[Emsworth]

You make a good point. The power to make a law implies the power to punish those who violate it. However, the Community Choice Initiative does not allow abortion bans, but a ban on facilities that perform abortions. Thus, the punishment would extend only to those who maintain or use these facilities.

[Q]

The initiative does not provide for punishments for those who maintain such facilities, however.  But thank you, Emsworth, for your input on the legality of the other provisions.

As a notice to Magistrate Dibble, I am prepared to challenge the legality of this referendum.

[Emsworth]

The initiative does not provide for punishments for those who maintain such facilities, however.

Literally, it does not do any such thing, but I think that it should still be interpreted as doing so. If one legitimate interpretation of a statute is closer to the literal wording but raises constitutional problems, while another legitimate interpretation slightly deviates from the literal wording but does not raise any constitutional problems, then the courts tend to prefer the latter.

Sections 2 and 3 would apply only if the abortion is performed in a "facility." I agree that the Community Choice Initiative does not allow them to apply to abortions that are not performed in any facility (coathanger abortions, for instance).

[True Federalist (진정한 연방 주의자)]

That would sem to indicate that RU-486 is still legal here then.

[Q]

Can anyone explain to me why this vote would be valid?  If there is no coherent defense of the validity of this ballot question and the outcomes it purports to bring about, I feel that I must bring a case before the regional court.

[TomC]

Q, I had doubts, but the Magistrate gave me the thumbs up, so I put it on the ballot.

Edit: generally gave me the thumbs up, not without some uncertainty, as I read it.

[Q]

Thanks for this, Governor, and for bumping Magistrate Dibble's ruling.

His ruling focuses on the validity of holding a vote in one particular state and does not cover the ballot questions themselves.  I still feel that the law does not allow for sections 2 and 3 of this vote, and I'd like him to make a ruling on this as well, if he can.

[Schmitz in 1972]

With the vote currently 2-0 and no one else living in Louisiana I think we can say with certainty that we have a second abortion ban!

2 down, 49 to go...

[Q]

With the vote currently 2-0 and no one else living in Louisiana I think we can say with certainty that we have a second abortion ban!

2 down, 49 to go...

Each of these votes was illegal.

[Brandon H]

While the ballot issue may or may not be legal (magistrate ruling pending), the votes themself were not illegal. Jake and I are both registered in the state of Louisiana. Both of us voted with in the designated thread in the designated time, only voted once, and did not edit any vote. The people of Louisiana (as long as Jake doesn't move when his 60 days are up) have spoken. As Liberty said, 2 down, 49 to go.

[Q]

To clarify, Brandon, I meant that the question (i.e. the voting process) in and of itself was illegal, not the votes in favor of it.

It would be good to have a ruling from the Magistrate on this at some point, to make it official.  It's painfully clear that the Community Choice Initiative does not authorize the provisions of these ballot questions.

[TomC]

With the vote currently 2-0 and no one else living in Louisiana I think we can say with certainty that we have a second abortion ban!

2 down, 49 to go...

No, I believe you may only have a ban on abortion facilities. I was torn between the wording of the initiative and the practice of allowing municipalities (states) trying out initiatives. IRL, states make unconstitutional laws. Each LA citizens signed the petition to have this appear on the ballot, so I put it up. I am not a member of the judiciary and do not wish to exceed my authority.

But Q is correct, the Magistrate needs to review this second law. With the first, he instructed me I should probably put it on the ballot. If I have erred, I'd be happy to have a ruling/precedent to instruct me about future municipal elections.