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And So it Begins...South Dakota Bans Abortions

2Lacoste

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Re: And So it Begins...South Dakota Bans Abortions
« Reply #10 on: March 06, 2006, 06:00:31 PM »
I think conservative are going to be dissapointed with the Roberts Court when it comes to abortion.

And Roberts is suspect in more than one way.  Everyone knew it was coming.  The Court may choose not to hear the case.

This is the most likely course of action.

Yale College Inferno

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Re: And So it Begins...South Dakota Bans Abortions
« Reply #11 on: March 06, 2006, 06:08:29 PM »
you're very giddy today, aren't you lacoste? be careful not to end up with your foot in your mouth. I think you stand on safer ground in the anti-gay thread than in the anti-abortion thread.

Re: And So it Begins...South Dakota Bans Abortions
« Reply #12 on: March 06, 2006, 06:19:43 PM »
When was it ever in doubt?  We've been trying to "take away" the right to "choose" for decades now.  No biggie here.

I can assure you that the issue is a "biggie" for millions of female voters across the country. Soccer moms may not like abortion, but they are going to be horrified and enraged when they find that Republican legislators are trying to force 13 year-old victims of rape and incest to give birth.

mivida2k

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Re: And So it Begins...South Dakota Bans Abortions
« Reply #13 on: March 06, 2006, 08:20:36 PM »
When was it ever in doubt?  We've been trying to "take away" the right to "choose" for decades now.  No biggie here.

I can assure you that the issue is a "biggie" for millions of female voters across the country. Soccer moms may not like abortion, but they are going to be horrified and enraged when they find that Republican legislators are trying to force 13 year-old victims of rape and incest to give birth.


Not all.  We are talking about the same group who thought that plastic wrap would protect them in case of a chemical terrorist attack; and who were against affirmative action even though they have benefited the most from AA.

Re: And So it Begins...South Dakota Bans Abortions
« Reply #14 on: March 06, 2006, 09:03:00 PM »
IF the Supreme Court grants cert over this--and it's entirely possible that they won't--all they can do is rule on the merits of this particular statute. This means that they can overturn Roe and Casey outright and affirm the statute, or they can strike it down (it clearly poses an undue burden on access to abortions), which seems to be the more likely response at this time. If the court strikes the statute down, it might include some completely spontaneous dicta about permissible restrictions on abortion (to guide legislatures), but that dicta wouldn't be remotely binding and probalby wouldn't signal the entire Court's position anyway. The Court can't really say "this statute is unconstitutional, but by the way, we think X, Y, and Z restrictions are fine, if anybody was wondering."

So don't get your hopes up that any litigation over this statute is going to change the status quo.

2Lacoste

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Re: And So it Begins...South Dakota Bans Abortions
« Reply #15 on: March 06, 2006, 09:27:56 PM »
you're very giddy today, aren't you lacoste? be careful not to end up with your foot in your mouth. I think you stand on safer ground in the anti-gay thread than in the anti-abortion thread.

I'm always giddy, I guess.  And it looks like I'll be in the anti-everything thread at this rate.  No problem for me; I'll have fun.

Yale College Inferno

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Re: And So it Begins...South Dakota Bans Abortions
« Reply #16 on: March 06, 2006, 10:10:42 PM »
The Court can't really say "this statute is unconstitutional, but by the way, we think X, Y, and Z restrictions are fine, if anybody was wondering."
Isn't that what they did in Roe?

Re: And So it Begins...South Dakota Bans Abortions
« Reply #17 on: March 07, 2006, 07:36:19 AM »
I think that it would be very difficult for The Court to overrule Casey.    This law in SD is the same as the others that have attempted to change or restrict The Court's position on Roe.  It won't stand up to the test that was articulated in Casey, that of placing an undue burden on a woman's right (you heard right, her constitutional right) to obtain an abortion.

Precedent has much more weight then what the justices actually believe in their personal lives at least that's what both Roberts and Alito claimed as their judical phil during their Senete hearings...unless OMG could they have been lying?

Stencilasnusky

Re: And So it Begins...South Dakota Bans Abortions
« Reply #18 on: March 07, 2006, 09:11:13 AM »
Not sure how many women are discussing this thing..but since only women can have abortions..I'd like to know what their views are (conservative, moderates and progressives). Yeah the baby is a product of both sexes but I think the woman bears the physical and probably more of the emotional burden such that creating restrictions that create an undue burden on a woman (restrictions on the availablity of her options) is probably hard to surmount. I don't know but I'm wary of men in business suits talking about abortion like its a tax deduction and not knowing what its like to walk in shoes of a pregnant woman in crisis.

Electorally speaking, if the GOP pursues this it will be a disaster for them..which to this Warner Democrat, is quite pleasing.

Yale College Inferno

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Re: And So it Begins...South Dakota Bans Abortions
« Reply #19 on: March 07, 2006, 10:29:16 AM »
Are you kidding? If I get 5 chicks pregnant, those are MY babies, and NO one has the right to kill them before they're born!

By the way, I'm not paying child support.

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