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Post by Tomas on Jul 10, 2018 17:33:44 GMT
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Post by cato on Jul 12, 2018 13:43:03 GMT
I wonder are American conservatives overly optimistic about the possibility of overthrowing Roe Vs Wade via a supreme court route.
Even Judges like the practicising catholic Anton Scalia saw the most likely option would be to let individual states determine their own abortion laws , some liberal some highly restrictive.
With widespread abortion entrenched for 50 odd years it will take more than a court decision to change minds. I suspect a US referendum on abortion would go the same way as ours did.
I don't know if there are any clever instant legal ways of stopping abortion. The 1983 ammendment here was a good idea but it was never really defended or promoted by the state. If anything the media , political establishment and hostile lobby groups did all in their power to undermine it over the years. It delayed abortion legalisation for perhaps a decade but it was no permanent protection.Alas.
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Post by Deleted on Jul 12, 2018 16:45:33 GMT
I wonder are American conservatives overly optimistic about the possibility of overthrowing Roe Vs Wade via a supreme court route. Even Judges like the practicising catholic Anton Scalia saw the most likely option would be to let individual states determine their own abortion laws , some liberal some highly restrictive. With widespread abortion entrenched for 50 odd years it will take more than a court decision to change minds. I suspect a US referendum on abortion would go the same way as ours did. I don't know if there are any clever instant legal ways of stopping abortion. The 1983 ammendment here was a good idea but it was never really defended or promoted by the state. If anything the media , political establishment and hostile lobby groups did all in their power to undermine it over the years. It delayed abortion legalisation for perhaps a decade but it was no permanent protection.Alas. Speaking as an Am-Con, I am cautiously pessimistic as "conservative" appointments to the court have all too often turned out to be either feckless or faithless on this issue at least. Some allowance for tighter restrictions will probably be made that effectively cements the underlying right, as the deed will have been done by "conservative" court. The consensus view is that overturning Roe would return the power to decide such matters to states where they had always resided. The theft of that power rankles conservatives nearly as much as the supposed right to abortion. Into the 80's you would hear the occasional conservative argue for a Constitutional right to life flowing from the concept of person. The naked logic is defensible but not supported by American history. It would be an act of legislating from the bench that conservatives decry or "discovering" a right that really never existed, albeit one with a rational basis that the argument from penumbra in Roe sorely lacked. Resuming a pre-Roe status quo would find abortion outlawed in roughly 1/3 of states, difficult in another 1/3, and a tourist industry in the other 1/3. f'Man |
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Post by Séamus on Jul 13, 2018 2:09:51 GMT
I wonder are American conservatives overly optimistic about the possibility of overthrowing Roe Vs Wade via a supreme court route. Even Judges like the practicising catholic Anton Scalia saw the most likely option would be to let individual states determine their own abortion laws , some liberal some highly restrictive. With widespread abortion entrenched for 50 odd years it will take more than a court decision to change minds. I suspect a US referendum on abortion would go the same way as ours did. I don't know if there are any clever instant legal ways of stopping abortion. The 1983 ammendment here was a good idea but it was never really defended or promoted by the state. If anything the media , political establishment and hostile lobby groups did all in their power to undermine it over the years. It delayed abortion legalisation for perhaps a decade but it was no permanent protection.Alas. It may mean little in a worldwide context, but in Western Australia the abortion rate among teenagers has dropped from 19/1000 in 2002 to 15/1000 by the latest Health Department figures. It should be taken into account that the 'morning after' pills can be prescribed also. Overall the age of women aborting has risen. Could it be a slow generational change? One disturbing statistic mentioned was that the ages ranged from 11-55. On the older end of the scale-is it to be surmised that some couples decide to invitro-fertilise and then change their mind for whatever reason? |
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