If Roe vs. Wade is Overturned, is that the end for Griswold vs. Connecticut as well? (user search)
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  If Roe vs. Wade is Overturned, is that the end for Griswold vs. Connecticut as well? (search mode)
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Author Topic: If Roe vs. Wade is Overturned, is that the end for Griswold vs. Connecticut as well?  (Read 3586 times)
Frodo
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« on: December 11, 2021, 07:39:51 PM »

How can Roe vs. Wade be overturned without also imperiling Griswold vs. Connecticut?  Both rulings after all are related to one another, and concern the right to privacy. 
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Frodo
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« Reply #1 on: May 09, 2022, 05:08:03 PM »

In terms of legal reasoning, perhaps, but get back to me when a state legislature is actually interested in banning birth control.  Note congressional Republicans recently backed a bill to make it available OTC nationwide.

...as you were saying?

Mississippi Governor Won't Rule Out a Possible Ban on Birth Control If Roe Is Overturned
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Frodo
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« Reply #2 on: June 25, 2022, 04:10:24 PM »

From another thread:


Ending - overturning - Roe v. Wade will not result in banning abortion nationwide. Overturning it will result in returning control of the issue to the states. Most, if not all, (Atlas) red states will still allow abortion to be legal, and many (Atlas) blue states will ban abortion. Women who are in the latter states who need to get an abortion will be able to travel to the former states to get one.

I worry about what else the Supreme Court majority will say if they do overturn Roe. Roe was a misinterpretation of the Due Process Clause of the Fourteenth Amendment. If the Court does overturn Roe, will they also provide the country with a correct explanation of what the Due Process Clause means? If the Court explains the DP Clause in a manner similar to the way the plurality opinion in Webster v. Reproductive Health Services (1989) explained it, then that will mean the Court will continue to give this country an erroneous interpretation of the Clause and that the only reason the Court is upholding state laws that ban abortion is because the Justices politically agree with anti-abortion laws. It will mean that the Court's ruling will still be politically motivated, and the Court will then come under political pressure to reinstate Roe.

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Attempts to overturn Roe will continue as long as the Court adheres to it. And, so long as the decision remains, the Court will be perceived, correctly, as political and will continue to be the target of demonstrations, marches, television advertisements, mass mailings, and the like. Roe, as the greatest example and symbol of judicial usurpation of democratic prerogatives in this century, should be overturned. The Court's integrity requires that. But even if the case is relegated to the dustbin of history where Dred Scott and Lochner lie, the right of privacy and the judicial techniques and attitudes it represents are likely to remain. A more fundamental rethinking of legitimate judicial power than the mere demise of Roe would signify is required. (Robert Bork, "The Tempting of America," (1990), page 116.)

If you have fully read the recent Supreme Court decision striking down Roe vs. Wade (and Planned Parenthood vs. Casey), do you think they provided the proper justification (in your opinion) for their decision?
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Frodo
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« Reply #3 on: July 21, 2022, 06:19:36 PM »

As the Republican vote in the House (and probably the Senate, shortly...) on contraception indicates, Griswold vs. Connecticut is definitely next on the chopping block.
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