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Enforcement of abortion pill bans

There are legal philosophies, kind of like being a Republican or Democrat. A person isn't wrong for being a Republican or Democrat, they just have a different political philosophy. The conservative justices basically said that they don't like abortion, and Roe and Casey don't jive with their legal philosophy and they don't like these opinions. There may come a point in the future where there is a liberal majority and they reinstate Roe and Casey based on a similar argument. I don't think this is how it is supposed to work, but I guess this is how it works now.
And RBG,a democrat,said it was bad law.
 
Not asking 1 question during oral arguments in 10 years is the epitome of lazy: he flat out did not do his job. His legal philosophy is lazy to the point where he is not doing his job. His legal opinions are basic, boring, and lack analysis. I don't know what other word to use. I suppose I could say he sucks at his job, is incompetent, unqualified, doesn't do his job, etc. I'm definitely not a racist and have all sorts of intergrity, but feel free to misdefine me, I suppose. Clarence Thomas is not shielded from criticism because he is black.
Yes, I think you are a racist in the way you criticize Justice Thomas.

He has penned many outstanding opinions. I think his dissent in Virginia v Black Is absolutely brilliant. He handles a very thorny free expression question in a creative and forceful way. Not sure even now if I agree with him, but he does cause me to think. FWIW, Thomas takes the issue into territory that the leftists today clearly support.
 
Asking questions is not a requirement of his job, when others are asking them. Lazy is not the right word, but you do you. I don’t pretend to be more sensitive than racist slights than minorities like many liberals do.

Having been reading and listening the last few months it appears to me that most liberal and conservative constructional scholars agree Roe was flawed to even wrongly decided. The difference is what they think this recent decision should be even so. In a perfect world, Congress would pass a law making it legal up until some point between 15 and 20 weeks, ban it with very rare exceptions in the third, and leave it up to the states in the second. Leave that battle to each state.
Agree to disagree. I have never called you out for being racist, and I'm sorry that you feel the actions of others are a sufficient basis to call me a racist. No matter what word I use to criticise Thomas, you can call me a racist.

Most legal scholars is not the case. I have been an attorney for awhile, been to law school, listened to law professors, and have attorney colleagues. I can assure you that most legal scholars is not the case. I can tell you that it comes down to different legal philosophies. While Roe and Casey were not perfect, they were also well reasoned, had a basis in legal philosophy, recognized the rights at issue, and made a compromise: in my opinion, these cases are more reasonable and have better analysis than Dobbs.
 
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Yes, I think you are a racist in the way you criticize Justice Thomas.

He has penned many outstanding opinions. I think his dissent in Virginia v Black Is absolutely brilliant. He handles a very thorny free expression question in a creative and forceful way. Not sure even now if I agree with him, but he does cause me to think. FWIW, Thomas takes the issue into territory that the leftists today clearly support.
I think you are a racist for being conservative, then. Even a blind squirrel finds a nut every now and again.
 
Agree to disagree. I have never called you out for being racist, and I'm sorry that you feel the actions of others are a sufficient basis to call me a racist. No matter what word I use to criticise Thomas, you can call me a racist.

Most legal scholars is not the case. I have been an attorney for awhile, been to law school, listened to law professors, and have attorney colleagues. I can assure you that most legal scholars is not the case. I can tell you that it comes down to different legal philosophies. While Roe and Casey were not perfect, they were also well reasoned, had a basis in legal philosophy, recognized the rights at issue, and made a compromise: in my opinion, these cases are more reasonable and have better analysis than Dobbs.
I didn’t call you racist. It’s not what I do.
 
They did not destroy any foundation. SDP is still valid Constitutional law.

Alito was very clear. He said:

- History shows states protecting marriage, procreation and contraception. Thus, those “rights“ “survive” SDP analysis and are still protected.

- History shows abortion was NOT protected, and was instead universally outlawed, which is why Roe was a bad call, and thus that “right” did not survive under SDP.

As for stare decisis, Alito was also very clear - he spent many many pages analyzing how those rules developed and how he applied them to this 1973 Roe decision. He did not just say “I hate abortion so screw Roe.”

Again, read the opinion. You can make lots of arguments against it, but NOT that SDP is dead or it ignored stare decisis.
Then Justice Alito is being disingenuous.

Marriage has always been protected, gay marriage and interracial marriage weren’t allowed for the longest possible time. But then you’d say that “marriage is marriage” and we’re talking about marriage generally and not it didn’t have to be gay or interracial marriage to count.

But along that line, privacy in the health decisions of doctor/patient have been deeply ingrained in American history as well as codified as a privilege.

So if Alito wanted to keep Roe he would have found that medical decision making privacy is older than the republic. He didn’t, so he made it specifically about abortion.

But he can’t do it one way for one thing and the other for the other.
 
A concurring opinion is not enforceable law. It was just one guy saying “all rights created by substantive due process doctrine should be scrapped.”

Alito, on the other hand, said “under substantive due process analysis, using substantive due process analysis, the right to an abortion fails the test, unlike the right to gay marriage, inter-racial marriage, procreation, and contraception, which all pass and are not weakened by this opinion.”

Getting SCOTUS decisions wrong is a poor start toward getting what you want under state law, which is where abortion rights now come from, if at all.
Point of fact: Alito's dissent in Obergefell specifically argued that same-sex marriage failed the substantive due process test in exactly the same way he argued against abortion rights.

If SCOTUS decides to reconsider same-sex marriage, who do you think the five votes are to uphold Obergefell?
 
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Point of fact: Alito's dissent in Obergefell specifically argued that same-sex marriage failed the substantive due process test in exactly the same way he argued against abortion rights.

If SCOTUS decides to reconsider same-sex marriage, who do you think the five votes are to uphold Obergefell?
equal protection is the better argument.
 
Do you not pay attention to what the protesters say? Do you not pay attention to the votes of elected Democrats whenever any third trimester abortion restriction bill comes up? 100 percent against any and all restrictions. That is an extreme position and it’s just as extreme as those against all abortions.
The 10% on each extreme make A LOT of noise. The 80% or so in the middle, favoring Roe being kept intact and yet there exist restrictions at some point beyond 15-21 weeks, includes you, me, and almost every Democrat and almost every Republican that I know.
 
The 10% on each extreme make A LOT of noise. The 80% or so in the middle, favoring Roe being kept intact and yet there exist restrictions at some point beyond 15-21 weeks, includes you, me, and almost every Democrat and almost every Republican that I know.
Do you really think most Democrats support a 15-21 week limit? I'm unaware of any prominent Democrat office holder saying that in the last several years. I think the reason they don’t support the limit is because the base is at no limit abortions.
 
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I don't. But, if you want to toss me in this bin, go for it. A person is not racist if they criticize Clarence Thomas.
I have criticized some of Thomas’s opinions, including Dobbs. Criticizing what he says is one thing, calling him lazy boring, lacking analysis etc. is racism.
 
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So what? You didn't answer my question.
I don’t see your Alito SDP point as very relevant. Obergefell would be upheld. Gorsuch would rely on EP. Roberts would uphold based on some mixed analysis. The three libs will talk about fundamental rights, history, fairness, and justice and any similarities to firm constitutional analysis will be purely coincidental.
 
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Point of fact: Alito's dissent in Obergefell specifically argued that same-sex marriage failed the substantive due process test in exactly the same way he argued against abortion rights.

If SCOTUS decides to reconsider same-sex marriage, who do you think the five votes are to uphold Obergefell?
Three unprincipled liberals and Roberts, who just look for the socially-acceptable result. They write “by any means necessary“ opinion(s)

Alito would concur in result only, hating on SDP but finding “enough” “marriage” support to matter for stare decisis purposes, and again talking about how marriage and stuff does not end a human life - his wild card factor.

Kavanaugh is dumb enough to believe college atheletes don’t get paid, so he could probably be persuaded, if he can forget how badly he has been treated and set aside his human desire to retaliate and just judge.
 
I have criticized some of Thomas’s opinions, including Dobbs. Criticizing what he says is one thing, calling him lazy boring, lacking analysis etc. is racism.
That is my opinion of him after reading a bunch of his opinions and writings, not the color of his skin: he could be purple with yellow polka dots for all I care. You are free to disagree. But, he is by far the dumbest SCOTUS Justice on the bench during my lifetime.
 
I don’t see your Alito SDP point as very relevant. Obergefell would be upheld. Gorsuch would rely on EP. Roberts would uphold based on some mixed analysis. The three libs will talk about fundamental rights, history, fairness, and justice and any similarities to firm constitutional analysis will be purely coincidental.
Roberts specifically rejected both the SDP and EP analysis in Obergefell.
 
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Do you really think most Democrats support a 15-21 week limit?
That was the interpretation of Roe, that every Democrat I know wanted to keep, and also every Republican except for a few evangelicals in my family.

I'd say

20% want no abortion, no way, and they are noisy
10% want no restrictions whatsoever,, and they are noisy
70% are happy with the way it was, and are not so noisy, but many are trending upwards in noise level
 
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You're just making shit up again. Laughably trying to re-define racism. You are clueless when it comes to that topic and should really quit embarrassing yourself.
I’m old enough to remember when calling the Black guy lazy was racism. I guess that is too old school for you. Nowadays believing things like punctuality and math are important is racism.
 
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Should a female's genitals be the government's business and open to the public? Do people have bodily autonomy? The idea is that a female's genitals are that female's business, not anybody else's business. A person's sex life and genitals are private.

Nobody said it is ok. What is ok varies from person to person.
Please go back to middle school for biology classes. I am pro choice but this take is soooo dumb…
 
Do you not pay attention to what the protesters say? Do you not pay attention to the votes of elected Democrats whenever any third trimester abortion restriction bill comes up? 100 percent against any and all restrictions. That is an extreme position and it’s just as extreme as those against all abortions.
Yeah I probably know a bit about abortion protests and I probably listen to what they are saying.
 
This is about legislation from LAST YEAR. Meaning it is not something spurned on by the recent Supreme Court decision. This is how stupid and pointless conversations start and how the public is misinformed. Stop.
What’s that have yo do with it? You said it was hysterical and fear mongering yo go after contraceptives. It clearly is not.
 
I don't think the genitals are the concern. It's the baby inside that matters. Also,if genitalia shouldn't be a concern of the government,why are they so supportive and proactive for young people to become trans?
No one is trying to make young people become trans. They are trying to keep them from having suicidal thoughts and mental health break downs. Goodness. You think they shouldn’t be supportive?
 
Three unprincipled liberals and Roberts, who just look for the socially-acceptable result. They write “by any means necessary“ opinion(s)

Alito would concur in result only, hating on SDP but finding “enough” “marriage” support to matter for stare decisis purposes, and again talking about how marriage and stuff does not end a human life - his wild card factor.

Kavanaugh is dumb enough to believe college atheletes don’t get paid, so he could probably be persuaded, if he can forget how badly he has been treated and set aside his human desire to retaliate and just judge.
Unprincipled liberals? Lol. Remind me lied at their confirmation hearings? Excuse me, misled. Poor little Brett, so badly treated.
 
I’m old enough to remember when calling the Black guy lazy was racism. I guess that is too old school for you. Nowadays believing things like punctuality and math are important is racism.
Still rooting for the Derek Chauvin's of the world?
 
No one is trying to make young people become trans. They are trying to keep them from having suicidal thoughts and mental health break downs. Goodness. You think they shouldn’t be supportive?
Oh really? Maybe you should do some research. Trans people(after conversion) have the highest suicide rate of any studied demographic in this country's history. Open mouth...remove shoe. Any more bs to spew? If they aren't convincing young people through messaging(much like they do with the other dumb shit i.e. "putins tax hike" for gas) and secretive meetings set up during school hours to tell your kids "if you aren't comfortable in your own skin,you might be trans,but don't tell your parents,they aren't safe. Do you know that the trans community has doubled every decade for 3 straight decades now? So where were all these people before they were told they were trans? And don't tell me they were there all along and just never came out,because according to you,that would lead to high suicide rates,and the rates now are much higher than back then. You are wrong. You are blind to the fact that the democratic party is dead set on whatever means necessary to get the votes they need to gain the power they need. They have 0 regard for the fact that it is ruining the country. Liberal policy just doesn't work. You name 1 major city,that has been longtime controlled be dems,that is not crime infested and poor with high murder rates,high unemployment,and little hope for the future. It's not hard to see. You people that have been fooled into thinking that democratic leaders give 2 ****s about anything but themselves are the epitome of the useful idiots that dems seek out. You carry their message,and have true emotions,while they reap the benefits of your social justice warrior mentality. These are the people killing the country. The white,suburban,woke dumbass people who claim to be standing up for minorities,while unknowingly insulting them and showing true racism in the process.
 
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No one is trying to make young people become trans. They are trying to keep them from having suicidal thoughts and mental health break downs. Goodness. You think they shouldn’t be supportive?
Support? You don’t support an anorexic by agreeing they are fat. The incidence of gender confusion among youngsters is skyrocketing because they are being enabled. You can’t fix negative emotions by supporting changing identities. All you do is make things worse.
 
Once again, it is more complicated than that.
It really isn't. The Constitution of the US,does not give or imply the right to abortion at any stage of pregnancy. Therefore,granting federal jurisdiction is bad law. Pretty self explanatory. The only thing the Supreme Court did,was return jurisdiction to the state,where it should have been all along. It did not change any abortion laws. It only granted the state the right to make its own laws. Just like many other issues that are not under federal jurisdiction. The only difference,is libbys telling the public that Republicans took away their rights,instead of telling the truth,because they know it's the only thing they could possibly cling to in the midterms and in 2024.
 
Once again, it is more complicated than that.
It’s really not. You do like to pretend like it’s more complex than it is. I’ll give you that. You fancy yourself a “legal expert”. But anyone that thinks RvW was a good decision is just a partisan hack.

You are a Hack.

P.S.

Yes I’ve read the roe decision, and the Dobbs decsion, and the Casey decision.

That seems to be your go to deflection.

If you have also read them and come down opposite of the Dobbs decision, well…. You’re just a moron.
 
It’s really not. You do like to pretend like it’s more complex than it is. I’ll give you that. You fancy yourself a “legal expert”. But anyone that thinks RvW was a good decision is just a partisan hack.

You are a Hack.

P.S.

Yes I’ve read the roe decision, and the Dobbs decsion, and the Casey decision.

That seems to be your go to deflection.

If you have also read them and come down opposite of the Dobbs decision, well…. You’re just a moron.
That's a load of shit. And I say that as someone who isn't necessarily convinced by the Roe opinion, and thinks the Dobbs opinion was well-written and pretty convincing. Legal issues often are complex, and both sides of a competing argument can make good arguments. Law school has this entire educational tradition built around that fact, called moot court.

Some of the people defending Roe are in fact hacks. Just as some of the people defending Dobbs are. But you don't have to be a hack to recognize the quality of the argument in either, or both.
 
That's a load of shit. And I say that as someone who isn't necessarily convinced by the Roe opinion, and thinks the Dobbs opinion was well-written and pretty convincing. Legal issues often are complex, and both sides of a competing argument can make good arguments. Law school has this entire educational tradition built around that fact, called moot court.

Some of the people defending Roe are in fact hacks. Just as some of the people defending Dobbs are. But you don't have to be a hack to recognize the quality of the argument in either, or both.
Nah. Kagan, Sotomayor, and Breyer’s dissent could have been written by an emotional third grader. They are true morons.

Congrats on being in league with morons?
 
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Nah. Kagan, Sotomayor, and Breyer’s dissent could have been written by an emotional third grader. They are true morons.

Congrats on being in league with morons?
I would say try actually talking about the cases instead of calling others names, but you aren't capable of that, are you? The only moron around here is you.
 
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I would say try actually talking about the cases instead of calling other names, but you aren't capable of that, are you? The only moron around here is you.
MTIOF had already embarrassed you on the merits of the decision. Do you want another? Are self-flagellating?

You really don’t understand the role of the judicial system at all.
 
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MTIOF had already embarrassed you on the merits of the decision. Do you want another? Are self-flagellating?

You really don’t understand the role of the judicial system at all.
No, I pointed out the court's analysis, and the OP didn't respond. If you feel like there's something to add (which there isn't) instead of acting like a hack, calling people names, and embarrassing yourself, feel free.

I have forgotten more about the law than you'll ever know, so I couldn't care less what you think. People aren't wrong because they have a different philosophy, legal or political: grow up.
 
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