Should Roe V. Wade Overturned? (user search)
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  Should Roe V. Wade Overturned? (search mode)
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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 5060 times)
Donerail
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« on: December 11, 2021, 06:00:55 PM »
« edited: December 11, 2021, 07:16:22 PM by Donerail »

Absolutely. It is debatably the worst SCOTUS rulings from a legal standpoint in the history of the court.
So absurd i'm not sure where to begin. Even if we limit ourselves to the post-Roe era (which your language — "in the history of the court," no qualifications — explicitly says we should not), Bowers v. Hardwick came over a decade later. If we look at the entire history, the parade of monstrosities the Court has produced is really without comparison. Korematsu, Plessy, Buck v. Bell, Lum v. Rice, Lochner, and of course Dred Scott are just the beginning of the list. Roe, whatever the holes you can poke in the trimester framework, is just not in the same universe.
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Donerail
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« Reply #1 on: December 11, 2021, 07:21:43 PM »

Truth is, and many people don't know this, but Roe v. Wade was truly a very radical ruling in that it forced all states to allow every abortion right up until birth, even when the fetus is barely different from infants and incredibly unsavory methods have to be used to kill it. Even today 70% of Americans as per Gallup disagree with third-trimester abortions, and Roe v. Wade forces these to occur.

"Many people don't know this" because it's straight up wrong lmfao
Quote from: Roe v. Wade, 410 U.S. 113, 164-65 (1973)
For the stage subsequent to viability [the third trimester], the State in promoting its interest in the potentiality of human life may, if it chooses, regulate, and even proscribe, abortion except where it is necessary, in appropriate medical judgment, for the preservation of the life or health of the mother.
Roe explicitly did not "force all states to allow every abortion right up until birth." States are allowed to forbid abortion entirely during the third trimester (claiming Roe "forces these to occur" is wrong), and states are allowed to "regulate the abortion procedure in ways that are reasonably related to maternal health" during the second trimester. The idea that Roe "forced all states to allow every abortion" is just utterly divorced from reality.
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Donerail
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Posts: 15,329
« Reply #2 on: December 29, 2021, 07:31:02 AM »

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.
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