Why and how is abortion a state's rights issue?

adrina

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That's the argument. That it's a state's rights issue.

Why? How? What makes it that way?

Justify this logic please.
 
There has never been a federal law allowing abortion. After Roe, everyone just moved on. Little chance of a law making it through congress now.
 
It shouldn't be.

The defense of over turning R V Wade is its not making it illegal its taking away big government.

The real reason is the pro lifers are hoping this fires up their base to get out and vote in the now even more important gubernatorial races because if they can keep or flip their state red they can get rid of abortion.

Now conversely it can get the pro choice people out there for the same reason.

But the main thing is it causes more divisiveness than ever among people in their states and a divided people is any governments dream.

This was never about life or choice, its just more antagonistic bullshit and trying to get everyone to the polls.

This is one of the few times I'm happy my state is painfully blue. There is a solid and sane moderate GOP candidate, but she doesn't have a chance here. If she's smart she moves to Mass who despite have a rep for being blue has had some good GOP Governors. Then again, a republican in the Northeast would be a democrat in the south.
 
There has never been a federal law allowing abortion. After Roe, everyone just moved on. Little chance of a law making it through congress now.
If there has never been a law how was it overturned? If what Roe accomplished was he right for women to have an abortion then...what the hell are you talking about?

Never mind, I don't speak moron.
 
10th amendment.
That's not a justification.

One could easily point to "life liberty and the pursuit of happiness" as well as the 14th amendment to justify it as a federal and constitutional issue. In fact that actually makes more sense than this contrived state's rights argument.

Almost everything should be a states rights issue. Otherwise not much point to having states at all.

See above.

There has never been a federal law allowing abortion. After Roe, everyone just moved on. Little chance of a law making it through congress now.

There's never been federal laws on many things but there are now.


All of these are insubstantial and inadequate to properly explain exactly why and how abortion is a state's rights issue. For all these people yammering on about it, it shouldn't be too difficult to justify it in a manner which actually lays a solid foundation for that conclusion.
 
Traffic laws vary from state to state.
Criminal law varies from state to state.
Education varies from state to state.
Employment law varies from state to state.
Medical and other insurance laws vary from state to state.
Voting laws vary from state to state.
Tax laws vary from state to state.

There are many other examples, even in Civil Rights in some ways.

What areas are state's rights and what aren't?
 
Traffic laws vary from state to state.
Criminal law varies from state to state.
Education varies from state to state.
Employment law varies from state to state.
Medical and other insurance laws vary from state to state.
Voting laws vary from state to state.
Tax laws vary from state to state.

There are many other examples, even in Civil Rights in some ways.

What areas are state's rights and what aren't?
They vary only on the margin. There are basic, national-level natural rights underneath it all. None of these vary much across the United States. In the past, when states have varied too much from a basic national norm, federal troops have shown up on courthouse steps. There's no reason that won't happen with abortion and women's rights--except that the Neanderthals are being so heavy handed about it that they are going to get voted down before it reaches that stage when incremental moves would have gotten them closer to their goals. (A lesson that far-leftists in the Democratic Party are experiencing in another realm.)
 
The house and senate could create a bill, vote on it then send it to Biden for signature and it becomes law. Pretty simple.
 
That's not a justification.

One could easily point to "life liberty and the pursuit of happiness" as well as the 14th amendment to justify it as a federal and constitutional issue. In fact that actually makes more sense than this contrived state's rights argument.



See above.



There's never been federal laws on many things but there are now.


All of these are insubstantial and inadequate to properly explain exactly why and how abortion is a state's rights issue. For all these people yammering on about it, it shouldn't be too difficult to justify it in a manner which actually lays a solid foundation for that conclusion.
Let's start with the fact that abortion is NOT a right, never was. It was permissible under the law and still is in certain states. Let the various states fight it out and let their politicians live or die, politically, with the consequences thereof.

It seems to me that the very people screaming about "Democracy" are the very folks that don't want to see "Democracy" in action.
 
Let's start with the fact that abortion is NOT a right, never was. It was permissible under the law and still is in certain states. Let the various states fight it out and let their politicians live or die, politically, with the consequences thereof.

It seems to me that the very people screaming about "Democracy" are the very folks that don't want to see "Democracy" in action.
There’s nothing democratic about the Supreme Court’s decision, or indeed its current composition.
 
Laws of prohibition generally do not work. They did not work with respect to alcohol; they did not work with respect to marijuanna, both were legalised. They are not working with respect to other harder recreational drugs, and as GOP legislatures are finding out, prohibition of abortion is electoral poison. A very significant part of the normally law abiding population will obtain an abortion if they want one, and the first woman punished under anti-abortion GOP laws anywhere will become an instant martyr.

Politicians seeking national or state wide political office, Presidents, Governors and Senators, cannot afford to alienate the pro-choice centre which cuts across party lines. Reps in Federal Congress can probably get away with it, except in marginal electorates.

The GOP fundamentalists are learning a similar lesson in realpolitik to that handed out to the Left of the Dems in the past month or two. Real enduring power is in the centre.
 
Let's start with the fact that abortion is NOT a right, never was. It was permissible under the law and still is in certain states. Let the various states fight it out and let their politicians live or die, politically, with the consequences thereof.

It seems to me that the very people screaming about "Democracy" are the very folks that don't want to see "Democracy" in action.
Neither is qualified immunity. Yet here we are.

And there is a very large and realistic argument to be made about the right to privacy in regards to abortion. There is no right to marriage in the Constitution either yet it is recognized on a federal level.

You are not proving or demonstrating how or why abortion is a state's right issue. What you are doing is repeating talking points. If this was a math test in school you would be failed for not showing your work. Can you or can you not logically with basis in reality lay out a foundation for why and how abortion is a state's right issue.
 
There's never been federal laws on many things but there are now.

All of these are insubstantial and inadequate to properly explain exactly why and how abortion is a state's rights issue.
? This is exactly why it is a state's rights issue, there is no federal law. As you allude to, and and icanhelp1 states, congress could have, and could still, pass a law enshrining abortion rights at the federal level. Until there is a federal law, states are on their own to pass their own laws.
 
American healthcare is dependent on where you live and we sh
? This is exactly why it is a state's rights issue, there is no federal law. As you allude to, and and icanhelp1 states, congress could have, and could still, pass a law enshrining abortion rights at the federal level. Until there is a federal law, states are on their own to pass their own laws.
That doesn't necessarily make it a State issue. To me it indicates that it's a Federal issue that the feds have abducated to the states.
 
? This is exactly why it is a state's rights issue, there is no federal law. As you allude to, and and icanhelp1 states, congress could have, and could still, pass a law enshrining abortion rights at the federal level. Until there is a federal law, states are on their own to pass their own laws.
So how do you justify qualified immunity? There is no federal law regarding it, yet it was granted as constitutional by the very same court who struck roe down because of this lack of federal law.

Consistency.

Again how and why is abortion a state's right issue?
 
So how do you justify qualified immunity? There is no federal law regarding it, yet it was granted as constitutional by the very same court who struck roe down because of this lack of federal law.

Consistency.

Again how and why is abortion a state's right issue?
Ehm...no. I think you do not grasp the decision re qualified immunity (whether or not police action was unlawful). There is no federal law on qualified immunity or on police standards, or on any number of acts that could be unlawful, so it is up the the states (and, in Brennan v Dawson, local). The court said the police actions weren't unlawful in the case. However, the parameters of lawful conduct/qualified immunity vary wildly from locale to locale. Somewhat similar to Roe

In the Roe decision, SCOTUS swept away all state and local laws restricting abortion. There was no federal law, just state laws. With Roe overturned, the 'old laws' are back on the books.
 
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