Justice will be served: Life in prison for abortion docs

[Counselor706]

Alabama votes to BAN nearly all abortions including in rape and incest and jail docs for 99 years for performing them

 

[MKvDeepSea]

Alabama votes to BAN nearly all abortions including in rape and incest and jail docs for 99 years for performing them

And the Handmaiden's Tale starts to become a reality.

 

[RobDownSouth]

Alabama ranks 46th overall in healthcare in America.

There is a public health crisis in Alabama, at least 32% of all children don't have access to adequate medical care...

yet lawmakers are focused on controlling women's bodies.

Make no mistake. This isn't about life. This is about controlling women.

 

[HisArpy]

It's not Constitutional. Everyone knows it's not Constitutional. It won't survive the first judicial review and that decision won't change upon subsequent appeal.

 

[Rightguide]

Has it been signed by the Governor yet?

 

[DeluxAuto]

This also very much about taking away women's rights.

 

[HisArpy]

This also very much about taking away women's rights.

No it isn't. It's about vote pandering.

 

[Rightguide]

No it isn't. It's about vote pandering.

And possibly a ploy to force the SCOTUS to revisit Roe v Wade. It's going down in the first federal court it encounters.

 

[jomar]

And possibly a ploy to force the SCOTUS to revisit Roe v Wade. It's going down in the first federal court it encounters.

That’s what it is, Supreme Court bait.

 

[heathergives]

It's not Constitutional. Everyone knows it's not Constitutional. It won't survive the first judicial review and that decision won't change upon subsequent appeal.

I'd be surprised if it makes it as far as the Supreme Court of Alabama.

 

[HisArpy]

And possibly a ploy to force the SCOTUS to revisit Roe v Wade. It's going down in the first federal court it encounters.

The decision in Roe is that abortion is a Constitutional Right. SCOTUS has no power to annul that even in a subsequent decision, all they can do is define the limits. The ONLY way that can change is if Congress specifically amends the Constitution to outlaw abortion.

Does anyone see that ever happening? By either party?

 

[RobDownSouth]

The decision in Roe is that abortion is a Constitutional Right. SCOTUS has no power to annul that even in a subsequent decision, all they can do is define the limits. The ONLY way that can change is if Congress specifically amends the Constitution to outlaw abortion.

Does anyone see that ever happening? By either party?

Alito and Kavanaugh have shown documented antipathy to the concept of stare decisis. That's two votes for judicial activism right there.

 

[Luk]

No it isn't. It's about vote pandering.

And possibly a ploy to force the SCOTUS to revisit Roe v Wade. It's going down in the first federal court it encounters.

You're both right. Well, Rapey isn't all that right but he's more right than he usually is.

 

[Rightguide]

The decision in Roe is that abortion is a Constitutional Right. SCOTUS has no power to annul that even in a subsequent decision, all they can do is define the limits. The ONLY way that can change is if Congress specifically amends the Constitution to outlaw abortion.

Does anyone see that ever happening? By either party?

Yeah, I didn't mean to imply the possible stratagem would succeed.

 

[about_average]

Alabama votes to BAN nearly all abortions including in rape and incest and jail docs for 99 years for performing them

So Alabama republicans think it's ok for women to commit premeditated murder and/or conspiracy to commit murder.
So much for the party of law and order.

The decision in Roe is that abortion is a Constitutional Right. SCOTUS has no power to annul that even in a subsequent decision, all they can do is define the limits. The ONLY way that can change is if Congress specifically amends the Constitution to outlaw abortion.

Does anyone see that ever happening? By either party?

All they have to do is rule in favor of the "heartbeat" bills and it effectively bans abortion since many women don't know they're pregnant within six weeks of their last period (in the case of Georgia's law).
And for those who do, many, if not all, clinics won't perform an abortion based on date of conception, they go by the date of the last period.

 

[JohnnySavage]

The decision in Roe is that abortion is a Constitutional Right. SCOTUS has no power to annul that even in a subsequent decision, all they can do is define the limits. The ONLY way that can change is if Congress specifically amends the Constitution to outlaw abortion.

Does anyone see that ever happening? By either party?

Yes, they do.

 

[HisArpy]

Alito and Kavanaugh have shown documented antipathy to the concept of stare decisis. That's two votes for judicial activism right there.

2 is not 5. Nor is there any inkling that there are any votes to support overturning Roe. To limit or expand it, yes. But not to overturn it. Even Kavanaugh has stated that Roe is precedent. So did Gorsuch.

Tell us, why is it that you consistently use propaganda based fearmongering to try to motivate people to do things against their best interests?

Beyond that, the history of the SCOTUS shows how rarely they overturn their decisions. AFAIK, none of those times have they ever overturned a decision about a Constitutional Right's existence.

It would be interesting to read your response to this issue if the conflict wasn't over abortion but whether Indians, Blacks, or women are "men" under the Constitution and therefore are entitled to the rights "men" enjoy. Would you try to tell us that the SCOTUS could/would wave their magic legal tomes and make all that go away? Or that you think people should be concerned that they could actually do it and get away with it?

Abortion is a Right enshrined in the Constitution. It may not be definitively enumerated, but according to the SCOTUS, it's in there. Once so deemed to exist, SCOTUS has no power to remove it. Such a decision would violate the separation of powers doctrine. Something SCOTUS cannot do or get around. You can be sure SCOTUS is well aware of it's limitations in this regard.

 

[about_average]

2 is not 5.

No, but 5 is 5 when it comes to stare decisis.
See FRANCHISE TAX BOARD OF CALIFORNIA v. HYATT

 

[HisArpy]

So Alabama republicans think it's ok for women to commit premeditated murder and/or conspiracy to commit murder.
So much for the party of law and order.

All they have to do is rule in favor of the "heartbeat" bills and it effectively bans abortion since many women don't know they're pregnant within six weeks of their last period (in the case of Georgia's law).
And for those who do, many, if not all, clinics won't perform an abortion based on date of conception, they go by the date of the last period.

SCOTUS has consistently kept to it's earlier decisions about the timing and circumstances. All the recent legislation/laws are doing is forcing them to reiterate that position. Eventually, they will stop granting Cert to these cases because it wastes their time to re-decide the same issues merely because the "new generation" have been fed lies and propaganda in order to secure their political votes and voices.

Abortion is a Federal Constitutional Right. ANY change requires an act of Congress to Amend the Constitution and a Ratification of that Amendment. Stupid people on both sides don't seem to get that.

 

[JohnnySavage]

2 is not 5. Nor is there any inkling that there are any votes to support overturning Roe. To limit or expand it, yes. But not to overturn it. Even Kavanaugh has stated that Roe is precedent. So did Gorsuch.

Tell us, why is it that you consistently use propaganda based fearmongering to try to motivate people to do things against their best interests?

Beyond that, the history of the SCOTUS shows how rarely they overturn their decisions. AFAIK, none of those times have they ever overturned a decision about a Constitutional Right's existence.

It would be interesting to read your response to this issue if the conflict wasn't over abortion but whether Indians, Blacks, or women are "men" under the Constitution and therefore are entitled to the rights "men" enjoy. Would you try to tell us that the SCOTUS could/would wave their magic legal tomes and make all that go away? Or that you think people should be concerned that they could actually do it and get away with it?

Abortion is a Right enshrined in the Constitution. It may not be definitively enumerated, but according to the SCOTUS, it's in there. Once so deemed to exist, SCOTUS has no power to remove it. Such a decision would violate the separation of powers doctrine. Something SCOTUS cannot do or get around. You can be sure SCOTUS is well aware of it's limitations in this regard.

This post, and the one I previously replied to, are examples of why I doubt you ever went to law school. These issues are first year Con Law topics.

List of overruled United States Supreme Court decisions

 

[HisArpy]

No, but 5 is 5 when it comes to stare decisis.
See FRANCHISE TAX BOARD OF CALIFORNIA v. HYATT

So, you're saying that overturning a case denying Sovereign Immunity is equal to abortion?

Nevada v. Hall denied historical precedent and pierced Sovereign Immunity. That decision created a new legal theory which subsequently allowed individuals to sue the State without the State granting permission for such a suit. Hyatt merely says that decision was wrong.

Query: In your opinion, should the State have immunity from being sued except in specific circumstances the State allows by Statute?

 

[HisArpy]

This post, and the one I previously replied to, are examples of why I doubt you ever went to law school. These issues are first year Con Law topics.

List of overruled United States Supreme Court decisions

Amazing, you found a list of cases where the SCOTUS overturned it's prior decisions.

Did you happen to notice which of those decisions revoked a Constitutional Right?

 

[about_average]

SCOTUS has consistently kept to it's earlier decisions about the timing and circumstances. All the recent legislation/laws are doing is forcing them to reiterate that position. Eventually, they will stop granting Cert to these cases because it wastes their time to re-decide the same issues merely because the "new generation" have been fed lies and propaganda in order to secure their political votes and voices.

Abortion is a Federal Constitutional Right. ANY change requires an act of Congress to Amend the Constitution and a Ratification of that Amendment. Stupid people on both sides don't seem to get that.

Lets say you're 100% correct and SCOTUS refuses to rule in a way that changes the time line established by Roe v Wade and subsequent rulings.
Unless a judge can be persuaded to make an injunction 1000's of women will be impacted and doctors could end up in prison until it makes it way to the Supreme Court.

 

[phrodeau]

Alabamans are all strung out on opioids. If the law passes, they’ll be too stoned to enforce it.

 

[nowisthetime]

Alabamans are all strung out on opioids. If the law passes, they’ll be too stoned to enforce it.

Not just that, the entire Southern culture as a whole has this thing about "not rocking the boat", this pseudo-politeness that allows its people to get excuse me, shitted on, by the powers that be. One of the reasons why so many Civil Rights activists caught so much hell, even by other black folk.


How do I know? I live in the region.