Should Roe V. Wade Overturned?
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  Political Debate (Moderator: Torie)
  Should Roe V. Wade Overturned?
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Poll
Question: Should Roe V. Wade be overturned?
#1
Yes and abortions should be banned
 
#2
Yes
 
#3
No but The Hyde Amendment shouldn't be overturned either
 
#4
No but I support federal funding for abortions with some restrictions
 
#5
No and there should be no restrictions on abortion
 
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Partisan results

Total Voters: 103

Author Topic: Should Roe V. Wade Overturned?  (Read 4906 times)
MarkD
Junior Chimp
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« Reply #50 on: January 11, 2022, 09:52:41 AM »
« edited: January 11, 2022, 10:04:49 AM by MarkD »

It should be replaced by federal legislation that provides clear protections for abortion rights in all 50 states.

Where in the Constitution does Congress get the power to pass a federal law that legalizes abortion and prohibits state governments from banning abortion? Does Congress get that power from the Commerce Clause?
Yes.

I wouldn't subscribe to this theory that, because Congress is empowered to regulate interstate commerce, it can force state governments to keep abortion legal. I understand your willingness to see the purchase of abortion service as an (often) interstate commercial transaction (including what you said to me via personal message), but it still seems obvious to me that most abortions that will be performed will be purchased via INTRAstate transactions. More important, the obvious purpose of a federal law that requires abortion to be legal in all 50 states is NOT to actually regulate interstate commercial purchases of abortion services, but the purpose would simply be to overturn a Court ruling such as the upcoming Dobbs decision, if the Court uses that case to overturn Roe.

But given how broadly the Supreme Court has been interpreting the Commerce Clause ever since 1937 (see U.S. v. Darby Lumber Co. and Wickard v. Filburn), I can see how you've got a lot of precedent on your side to back up your argument. (I confess that I'm not very well-versed in Commerce Clause jurisprudence anyway.) And, as I indicated to you via personal message, I am not as outraged at Supreme Court decisions to uphold laws that should be struck down as I am at decisions to strike down laws that should have been upheld. So I would not be very upset if the Court did uphold a federal "Codify Roe" law via Commerce Clause reasoning. (That would be nowhere near as upsetting to me as the dozens upon dozens of times in which the SCOTUS has extended the meaning of the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment, increasing its own power at the expense of the power of the state governments.)
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GregTheGreat657
Junior Chimp
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« Reply #51 on: January 13, 2022, 08:00:32 PM »

Yes, but abortion shouldn't be outright banned at the federal level, either
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Kahane's Grave Is A Gender-Neutral Bathroom
theflyingmongoose
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« Reply #52 on: May 03, 2022, 10:45:31 PM »

Absolutely. It is debatably the worst SCOTUS rulings from a legal standpoint in the history of the court.

YOU HEAR THAT PLESSY V. FERGUSON, YOUR FINALLY OFF THE HOOK!!!!!!!!!!!!!1
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Jeerleader
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« Reply #53 on: June 17, 2022, 12:07:53 PM »

Quote
Question: Should Roe V. Wade be overturned?

I answered yes in the poll but the poll should have included the correct answer, it has been already . . .

Casey redefined several provisions regarding abortion rights as established in Roe, rejecting Roe's trimester-based framework for allowing states to curb the availability of abortion in favor of a more flexible medical definition of viability.

All that remains of Roe is the “essential holding” (i.e., the basic principle) that women have a right to obtain an abortion prior to fetal viability . . . Who in the Democrat party today has any respect or desire to adhere Roe's limitation determined upon fetal development, especially an arbitrary but seemingly subjective determination of "viability" that hovers somewhere between 24-28 weeks?

Roe, by direct judicial decision (Casey) and current policy choices, has been legally negated to the status of complete non-entity as a legal "precedent".

Why is there so much wailing and hand-wringing about Roe; Roe guides nothing, and that is undeniably true now, before Dobbs (if it remains as the leaked draft opinion would indicate) is handed down . . .


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