Roe v Wade Overturned

[baggieal]

Absolutely shocking this has been overturned in the USA. It’s a woman’s body so if she wants an abortion then an abortion it should be. What about pregnancy for school girls which is a mistake or even rape?

Really don’t get this!

[calvinboy]

The decision is not about whether or not abortion should be legal. It is about whether the US Constitution provides a right for women to have abortions. The consequence of the overturning of Roe v Wade is not to ban abortions. It's to leave that decision up to the legislative process.

[Dubbag]

The decision is not about whether or not abortion should be legal. It is about whether the US Constitution provides a right for women to have abortions. The consequence of the overturning of Roe v Wade is not to ban abortions. It's to leave that decision up to the legislative process.

Good explanation.....

[Omegstrat6]

The decision is not about whether or not abortion should be legal. It is about whether the US Constitution provides a right for women to have abortions. The consequence of the overturning of Roe v Wade is not to ban abortions. It's to leave that decision up to the legislative process.

That'll work out well then!
I assume the upshot will be different laws in different states?

Gotta love the pro-life brigade btw, most of whom simultaneously protest against gun control, but then what else can you expect from a country where millions voted for Donnie and nutters like Marjorie Taylor Greene can get elected? Makes our lot look reasonable in comparison.

[calvinboy]

There will be different laws in different states, unless the federal government passes a preemptive law, which is unlikely. Abortion is also regulated by law in England; there is no blanket right to an abortion.

[baggieal]

The decision is not about whether or not abortion should be legal. It is about whether the US Constitution provides a right for women to have abortions. The consequence of the overturning of Roe v Wade is not to ban abortions. It's to leave that decision up to the legislative process.

So is it not true then abortion will be illegal in Texas from August with no exceptions including rape or incest? Is this true or bollox?

[calvinboy]

The law in Texas allows an exception to save the life of the pregnant woman.

[baggieal]

The law in Texas allows an exception to save the life of the pregnant woman.

What about a Texan woman wanting to abort a pregnancy due to school girl, rape or incest? Can the woman go ahead regardless?

[Robus]

So is it not true then abortion will be illegal in Texas from August with no exceptions including rape or incest? Is this true or bollox?

I haven't checked if Texas was among them, but a number of states passed laws anti-abortion laws that would trigger automatically upon the fall of Roe v. Wade. Those states will now have to decide whether to amend those laws or let them take effect.

There are two issues at play: The substantive one over abortion law, and the Constitutional one over who makes law in this country, judges or legislators?

I am ambivalent about the first but strongly committed on the second issue. If democracy is to mean anything, then We the People must work this out by self-government.

In 1971 SCOTUS pretended to find a right to a first-trimester abortion in the 14th Amendment, the post-Civil War amendment that was used to force Reconstruction on the defeated southern states. It contains the famous phrase "equal protection" in law. This was an example of un-elected judges with lifetime tenure acting as legislators, making law from whole cloth instead of interpreting the Constitution.

We were in the middle of a national debate over abortion at that time. Instead of letting that process play out, SCOTUS stepped in and declared the question off-limits. The debate did not end. In this unhealthy situation, states like Alabama passed hypothetical anti-abortion laws that nobody had any reason to believe would ever take effect. However, with this change in the court, they may now take effect.

What's going to happen now? I suspect those states may amend their laws in order to avoid a total ban. Or they may not. In any case, legislators will be accountable to the people of their states.

It's fine with me if Alabama bans abortion while New York makes a sacrament of it. That is the point of our system.

[baggieal]

I haven't checked if Texas was among them, but a number of states passed laws anti-abortion laws that would trigger automatically upon the fall of Roe v. Wade. Those states will now have to decide whether to amend those laws or let them take effect.

There are two issues at play: The substantive one over abortion law, and the Constitutional one over who makes law in this country, judges or legislators?

I am ambivalent about the first but strongly committed on the second issue. If democracy is to mean anything, then We the People must work this out by self-government.

In 1971 SCOTUS pretended to find a right to a first-trimester abortion in the 14th Amendment, the post-Civil War amendment that was used to force Reconstruction on the defeated southern states. It contains the famous phrase "equal protection" in law. This was an example of un-elected judges with lifetime tenure acting as legislators, making law from whole cloth instead of interpreting the Constitution.

We were in the middle of a national debate over abortion at that time. Instead of letting that process play out, SCOTUS stepped in and declared the question off-limits. The debate did not end. In this unhealthy situation, states like Alabama passed hypothetical anti-abortion laws that nobody had any reason to believe would ever take effect. However, with this change in the court, they may now take effect.

What's going to happen now? I suspect those states may amend their laws in order to avoid a total ban. Or they may not. In any case, legislators will be accountable to the people of their states.

It's fine with me if Alabama bans abortion while New York makes a sacrament of it. That is the point of our system.

Shocking though surely if a girl needs to travel from say Alabama to New York to have an abortion which surely is her right!

I don’t get it - you can buy a gun in Texas lets say and can’t now have an abortion but need to show ID to prove you are 21 to have a beer! The world’s gone mad!