Roe vs Wade Deathwatch USA : How Long Has It Got?

owedtojoy

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In the US, the State of Alabama has recently passed the most stringent anti-abortion law of the Roe-vs-Wade era.

. Wade, 410 U.S. 113 (1973), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution provides a fundamental "right to privacy" that protects a pregnant woman's liberty to choose whether or not to have an abortion, ...

Since 1973, anti-abortion activists have been struggling to limit access to abortion, and (ultimately) have the Roe vs Wade judgment reversed. Most of the time, this seemed to be hopeless, as even the Republican Party seemed ambiguous.

But the increasing radicalisation of the Republican right since 2012, and (once "pro-choice") President Trump's promise to appoint "pro-life" judges to the Supreme Court, who would overthrow the 1973 judgement, have led to the Alabama law, and similar laws in other states. In Georgia, a "heartbeat law" makes it forbidden to terminate a pregnancy if a heartbeat is detected.

The explicit purpose of these bills is to force the issue to the Supreme Court, where activists are sure they will at last get the judgement they desire.

A reversal of Roe vs Wade would be one of the most divisive judgements of the Supreme Court as it would probably lead to a round of very different abortion laws in "red" and "blue" states. It could lead to tensions between states, as blue state will supply abortion pills by post, and enable women to travel for abortions. There are also threats of economic boycotts of states passing similar laws to Alabama's.

A Gallup poll shows consistently that only 18% of American think abortion should be illegal in all circumstances. Most Americans would support abortion in the first 12 weeks of pregnancy, a statistic confirmed in other polls.

Women's groups see these current round of laws in Alabama and Georgia, and a reversal of Roe vs Wade, as an attempt to control a woman's bodily integrity, and deprive her of privacy rights that were affirmed in the Roe vs Wade judgement. The Alabama law does not even have a rape or incest exception, which its proposers say will get it onto the Supreme Court docket.

The Governor has yet to sign the Alabama bill into law, but she probably will. With a Conservative majority on the Supreme Court, the Roe vs Wade judgement may be on Deathwatch. The reversal would count as a major victory for Trump's first term, though the longer term consequences are unfathomable.

 


Emily Davison

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I'm optimistic. I want them to push this as far as they want it to go. Because I believe the women in America will go do la li if they try and overturn Roe V Wade.

So let them push it, and let them end it once and for all. It will ensure women's bodily integrity in all of America.
 

Paddyc

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I'm optimistic. I want them to push this as far as they want it to go. Because I believe the women in America will go do la li if they try and overturn Roe V Wade.

So let them push it, and let them end it once and for all. It will ensure women's bodily integrity in all of America.
Be careful what you ask for.

A majority of voters doesn't get you very far in the USA.
 

owedtojoy

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I'm optimistic. I want them to push this as far as they want it to go. Because I believe the women in America will go do la li if they try and overturn Roe V Wade.

So let them push it, and let them end it once and for all. It will ensure women's bodily integrity in all of America.
In the short term, I cannot share that optimism.

The bill was passed by 25 white males, who do not seem to view women as people at all.

Even "life beginning at conception" was forgotten when fertilized eggs in vitro were excluded.



 

Paddyc

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I think she is right. Its a tiny, but vocal, fringe, pushing this. Let them and get it over with.
I hope you're both right but in the worst case scenario Amy Coney Barrett replaces Ruth Bader Ginsburg on Trump's watch and to add spice to the mix, Clarence Thomas retires and is replaced by a 40 something pro-life conservative also under Trump.

The new Supreme Court bans abortion in all states under all circumstances.

Now, deep down, I really don't think this is what the smart boys in the back rooms in the Republican party really, really want. They want to use abortion as a whipping boy to get votes and donations but don't really want to do anything about it.

But, sometimes things get out of hand and if Trump actually followed through on his promises about the Supreme Court then the Republicans might be faced with a nightmare scenario.
 

Round tower

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I'm optimistic. I want them to push this as far as they want it to go. Because I believe the women in America will go do la li if they try and overturn Roe V Wade.

So let them push it, and let them end it once and for all. It will ensure women's bodily integrity in all of America.

Has there some wonen activists has spoken that if this limiting of abortion in America that women should go on a sex- strike
 

owedtojoy

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I hope you're both right but in the worst case scenario Amy Coney Barrett replaces Ruth Bader Ginsburg on Trump's watch and to add spice to the mix, Clarence Thomas retires and is replaced by a 40 something pro-life conservative also under Trump.

The new Supreme Court bans abortion in all states under all circumstances.

Now, deep down, I really don't think this is what the smart boys in the back rooms in the Republican party really, really want. They want to use abortion as a whipping boy to get votes and donations but don't really want to do anything about it.

But, sometimes things get out of hand and if Trump actually followed through on his promises about the Supreme Court then the Republicans might be faced with a nightmare scenario.
This may be false optimism.

Republicans have been telling their Christian right-wing base for a generation they were serious about Roe vs Wade. Now, Trump is more dependent on that part of his base than any previous Republican President.

They will say it is time to pay the piper.
 

O'Sullivan Bere

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Be careful what you ask for.

A majority of voters doesn't get you very far in the USA.
That's a very smart word of caution on any issues these days in the US.

That said, if Roe gets overturned, IMO it's only going to help the Democrats in the short and long term given public support for pro-choice allowances. Many pro-choice people vote GOP with the reckless POV of 'that will never really happen' and others have sat out or taken a less motivated view to politics for the same reason.

If or when Roe falls with hardcore state anti-abortion bans where they live that often include hormonal contraceptions, rape conceptions and the like, that's when reality hits them in the face.
 

wombat

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If or when Roe falls with hardcore state anti-abortion bans where they live that often include hormonal contraceptions, rape conceptions and the like, that's when reality hits them in the face.
If a state law is challenged my guess is that any ruling would be on where the state's right contradicts a national policy. I'd say they will avoid the Roe v Wade ruling if possible.
 

O'Sullivan Bere

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If a state law is challenged my guess is that any ruling would be on where the state's right contradicts a national policy. I'd say they will avoid the Roe v Wade ruling if possible.
Right now, all states must abide by where the SCOTUS draws the lines on what's permitted and what's not insofar as anti-abortion legislation. If overturned, it becomes a state issue to set policies on the topic as they see fit unless they contradict anything else. The federal government via anti-abortion elected officials might also hinder and restrict it in certain respects via the Interstate Commerce Clause of the US Constitution.

For example, the SCOTUS may and likely would still IMO uphold a woman's right to choose in cases involving threats to her life and maybe regarding hormonal contraception given it's also held that contraceptions are also constitutionally protected, although a conservative court might also consider things like hormonal contraception bans like 'the pill' under the guise of anti-abortion legislation are not the same as things like condoms and the like.
 

wombat

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Right now, all states must abide by where the SCOTUS draws the lines on what's permitted and what's not insofar as anti-abortion legislation. If overturned, it becomes a state issue to set policies on the topic as they see fit unless they contradict anything else.
I think that's as far as they would go. The conservative argument has always been that the courts should not legislate when interpreting the constitution.
 

StirCharles

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T.he
I think that's as far as they would go. The conservative argument has always been that the courts should not legislate when interpreting the constitution.
The Constitution does not mention abortion, Alabama can do as it wishes. End of story
 

owedtojoy

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If a state law is challenged my guess is that any ruling would be on where the state's right contradicts a national policy. I'd say they will avoid the Roe v Wade ruling if possible.
I think this Supreme Court would rather tackle abortion by stealth, one judgement at a time, gradually encroaching on abortion rights, or letting states have their own abortion laws, like Ireland's version.

However, the people pushing this law see the moment as a once-a-generation chance to get the most significant ruling on abortion since 1973. Perhaps they should be careful what they wish for, because there is always a backlash to massive changes like the one proposed by Alabama legislators.
 

StirCharles

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I can't wait for the first saved baby to be on TV as a poster child for life. It is a very exciting time as we see this movement spread to other States.
 


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