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Thread: The plan to overturn Roe v. Wade at the Supreme Court is already in motion

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    Senior Member JohnDoe2's Avatar
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    The plan to overturn Roe v. Wade at the Supreme Court is already in motion

    The plan to overturn Roe v. Wade at the Supreme Court is already in motion

    By Clare Foran, CNN
    Updated 6:58 AM ET, Fri June 29, 2018


    Washington (CNN) Now that President Donald Trump has the opportunity to appoint a new justice to the Supreme Court, some abortion opponents hope that Roe v. Wade will end up overturned or gutted -- and they have already been working towards that moment.

    Over the past year, state legislatures in Iowa, Louisiana and Mississippi have advanced strict limits on abortion that some lawmakers believe could trigger a successful challenge to the landmark 1973 Supreme Court decision that legalized abortion nationwide.

    "I think it's virtually certain that some or all of those laws will wind up before the Supreme Court," said CNN legal analyst Jeffrey Toobin. "And they will get a much more favorable reception with any of the judges on President Trump's list of 25 possible nominees."


    When Trump ran for president in 2016, he pledged to appoint "pro-life" justices to the Supreme Court, while his running mate, now-vice president Mike Pence, said that he hoped to see Roe v. Wade end up on the "ash heap of history."


    Trump's first Supreme Court pick, made after Senate Republicans blocked President Barack Obama's pick to fill a Supreme Court vacancy, was Neil Gorsuch, who has been a reliable conservative vote. Trump said he will pick from a list of 25 conservative candidates.


    Trump's opportunity to replace Justice Anthony Kennedy, who had voted to uphold Roe in 1992, is "exactly what we had hoped for," said Jim Carlin, an Iowa Republican state senator.



    Anthony Kennedy didn't save the liberals


    "With (Kennedy) as the swing vote, I don't know that we would have had the capital on the Supreme Court to reverse Roe v. Wade," Carlin said. "If we were to get another conservative justice to the bench at the Supreme Court, I think our chances are much, much higher."

    "Anything that we can do to soften the blow of Roe v. Wade or weaken it or dilute it, it's up to us to do that," said Lawrence Bagley, a Louisiana Republican state representative.


    RELATED: Anthony Kennedy didn't save the liberals


    Iowa's "heartbeat" law prohibits doctors from performing an abortion if a fetal heartbeat can be detected, which can happen as early as six weeks, with exceptions in the case of certain instances of rape, incest or medical emergency.


    Mississippi and Louisiana recently passed legislation banning abortion after 15 weeks with limited exceptions.


    In Arkansas, a legal battle is currently playing out over a law that imposes limitations on access to medication-induced abortions.


    RELATED: The Senate and the next Supreme Court justice: What you need to know


    Planned Parenthood reacted on Wednesday to the news that Kennedy will step down with alarm.


    "The right to access abortion in this country is on the line," Dawn Laguens, the executive vice president of Planned Parenthood Federation of America, said in a statement. "The idea of Trump having his choice to fill another vacancy is terrifying for not only abortion rights, but for our ability to live free from discrimination in this country."


    The ACLU and Planned Parenthood have challenged Iowa's law in state court, and it was put on hold by a judge as the case plays out.


    Veronica Fowler of the ACLU of Iowa said that while getting the law to the Supreme Court "was definitely the goal of some extremist politicians in the Iowa Legislature," the group "purposely chose to challenge it under the Iowa Constitution because any appeals would end up in the Iowa Supreme Court."


    She added, "the US Supreme Court does not have the opportunity to review state supreme court decisions concerning state constitutional questions -- it doesn't have jurisdiction."


    RELATED: Iowa AG won't defend state's new abortion law


    The fact that the law faces a state challenge hasn't convinced some of its supporters that it won't make it to the Supreme Court, however.


    "The question we are raising is if you have a heartbeat, you have a life and if you have a life then under the Constitution, you are guaranteed a right to life and due process and equal protection under the law before that life is taken away," Greg Heartsill, an Iowa GOP state representative, said in an interview. "That's essentially what we're putting before the court and if they do their due diligence, they've got to answer."


    In the end, the Supreme Court doesn't have to entirely overturn Roe v. Wade to leave the legal standard substantially weakened or even effectively gutted, said Steve Vladeck, a CNN Supreme Court analyst and professor at the University of Texas School of Law.

    "The Supreme Court could do quite a lot of damage to the right recognized in Roe without ever formally overruling it, simply by upholding state laws that make it harder and harder for women to obtain abortions without banning them," Vladeck said.


    That idea could be tested in Arkansas.


    The 2015 state law says that any physician who "gives, sells, dispenses, administers, or otherwise provides or prescribes the abortion-inducing drug" shall have to have a contract with a physician who has admitting privileges at a nearby hospital.

    The Supreme Court last month refused to take up an early challenge to the law, which cleared the way for it to take effect in mid-July, but did not say if the law is legal or not, leaving that to a lower court to determine. Earlier this month, a federal judge imposed a temporary restraining order on the law, setting the stage for the case to potentially return to the Supreme Court at some point in the future. Planned Parenthood has said that the law is both medically unnecessary and would effectively ban medication abortion in the state.

    Elizabeth Nash of the Guttmacher Institute, a reproductive rights research organization, said the Arkansas law "conflicts with Roe by imposing an undue burden on a patient seeking an abortion."


    In Mississippi, after Republican Gov. Phil Bryant signed the bill banning abortion after 15 weeks, the Center for Reproductive Rights filed a lawsuit in federal court challenging it as unconstitutional and a federal judge temporarily blocked the law from going into effect.

    Louisiana's 15-week law is also on hold pending the outcome of litigation in the Mississippi law.


    The Center for Reproductive Rights points out that in recent years, the Supreme Court has declined to review a number of lower court decisions striking down abortion bans prior to the point of viability.

    "The Supreme Court has repeatedly upheld the right to abortion over many decades and it has done that with many justices from appointed by many different administrations," said the group's senior director of litigation, Julie Rikelman.


    State lawmakers pledge to keep trying.


    "Until the Supreme Court chooses to touch on that issue again, you're going to continue to see states push the edge and push the envelope on pro-life protections," said Louisiana state Rep. John Stefanski.


    "I think inevitably we're going to come up with something that I believe the Supreme Court is going to have to take a look at again," the GOP lawmaker added.

    https://www.cnn.com/2018/06/29/polit...urt/index.html

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  2. #2
    Senior Member Judy's Avatar
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    Go back to cloth diapers and see how fast this issue goes away.
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    It will not go away.

    And all those against abortion...please get in line to ADOPT and pay 100% for every unwanted child...MILLIONS.

    What do they suggest we do with them? Warehouse them all for 18 years?

    Free vasectomies, tubal ligations and strict guidelines on abortion.

    End breed and feed programs, can't feed 'em … don't breed 'em.

    And go after the fathers to pay up!

    Lifetime maximum benefit of welfare and foods stamps should be THREE years! So unzip your drawers wisely!
    Judy and jtdc like this.
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    Senior Member Judy's Avatar
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    Take 'em all to Jeffress house.
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    Now that President Donald Trump has the opportunity to appoint a new justice to the Supreme Court, some abortion opponents hope that Roe v. Wade will end up overturned or gutted -- and they have already been working towards that moment.
    Roe-v.-Wade has already been gutted. I don't want unlimited abortion. I don't want publicly (taxpayer) financed abortion.

    I feel it is a national, not a state's issue. You shouldn't be under different laws by crossing a state line. We need a national standard.

    Since Roe-v.-Wade was created, many limitations have been put on abortions. Doctors shouldn't be prosecuted for performing legal abortions. Partial Birth Abortions should be outlawed throughout the country. But first trimester abortions should be permitted.

    The SCOTUS does not have the last word. Lawmakers could rewrite laws, but pretty much haven't when it comes to abortion. So Roe-v.-Wade remains the law of the land. I don't think the majority of voting Americans want to outlaw all abortion.
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    Senior Member Judy's Avatar
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    Abortion is actually a personal issue that government really shouldn't be involved with at all.
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    Senior Member JohnDoe2's Avatar
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    Trump vows that he will overturn Roe v. Wade “automatically.” | The ...
    https://newrepublic.com/minutes/.../trump-vows-will-overturn-roe-v-wade-automatical...
    During the beginning of the third presidential debate, Trump came out hard against abortion. He affirmed that, if elected, he would appoint only pro-life justices
    to the Supreme Court and that Roe v. Wade would be “automatically” overturned.
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    Quote Originally Posted by Judy View Post
    Abortion is actually a personal issue that government really shouldn't be involved with at all.
    But a woman should be able to decide within the first trimester! After that, it becomes a public issue. There is a point where that new life must be a consideration, not just an inconvenience!

    And if it is a "personal issue" taxpayers should not be paying for it! Let potential abortion-seekers buy abortion insurance! Or those willing can contribute to a fund to pay for abortions.
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    Quote Originally Posted by JohnDoe2 View Post
    During the beginning of the third presidential debate, Trump came out hard against abortion. He affirmed that, if elected, he would appoint only pro-life justices to the Supreme Court and that Roe v. Wade would be “automatically” overturned.
    So what? He also said that on day one, Obamacare would be history! We were going to have a big beautiful wall, paid for by Mexico!

    So now you think this campaign promise will become a fact?

  10. #10
    Senior Member Judy's Avatar
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    Quote Originally Posted by jtdc View Post
    But a woman should be able to decide within the first trimester! After that, it becomes a public issue. There is a point where that new life must be a consideration, not just an inconvenience!

    And if it is a "personal issue" taxpayers should not be paying for it! Let potential abortion-seekers buy abortion insurance! Or those willing can contribute to a fund to pay for abortions.
    If you're a woman, then decide yours in the first trimester if that's how you feel. Otherwise, someone else might want or need more time to figure out if they're even pregnant or not and what they want to do about it.

    Federal taxpayers don't pay for abortions. Federal taxpayers have been protected by the Hyde Amendment from paying for abortions in the United States since 1974.
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