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Biden decides to side step Supreme Court with executive orders on Roe and directs DOJ and Garland to make abortion available asking women to get one Login/Join 
Member
Picture of maladat
posted Hide Post
quote:
Originally posted by PeteF:
quote:
Originally posted by HRK:
quote:
Originally posted by chellim1:
What about the role of the individual States?
Federalism?
Why do you think this should be decided by Congress?


Didn't say it should be decided by congress, the point is that to achieve the goals outlined in Bidens comments
it will take congressional approval to legalize Abortion nationwide.

With SCOTUS ruling, it is up to the individual states, however if the D hold the house and gain seats or sympathizers
in the Senate, they could do what should have been done in the first place, provided they really wanted legal
abortions, nationwide, and pass a federal law,
We know there are RHINO's that may sign on to some form of legislation so that's my point that nothing will be done by November because he'd have to negotiate to get enough votes in the senate.

That is what SCOTUS is saying, there isn't a law, and nothing in the constitution codifying abortion, so, if you guys/gals really want a federal ok on abortion, pass a federal law.
Otherwise its back to the states.



From the comments made by Biden listed above......

Shifting to November’s midterm elections, Biden said that the United States needs "two additional pro-choice senators and a pro-choice House to codify Roe as federal law."


No, the decision held that regulating abortion or not, is not a Federal power. It's is up to the states. Any and all FEDERAL laws, edicts and declarations are not within the scope of the Federal government IE UNCONSTITUTIONAL.

Bozo can try and change the Constitution, but we know that ain't happening.


Read the decision again.

“Held: The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives.”

The decision doesn’t say the federal government can’t regulate abortion. It says the Constitution doesn’t grant a right to abortion such that the states can’t regulate it.

Whether Congress can or not is a completely separate question.
 
Posts: 6320 | Location: CA | Registered: January 24, 2011Reply With QuoteReport This Post
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The abortion issue is being used as a rallying point in an effort to pull people to vote Democrat in the up coming mid terms. Its a distraction to divert attention from inflation, gas prices and everything else they have screwed up since Biden took office.


End of Earth: 2 Miles
Upper Peninsula: 4 Miles
 
Posts: 16554 | Location: Marquette MI | Registered: July 08, 2014Reply With QuoteReport This Post
Political Cynic
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Leave it to a democrat to try to capitalize on the bodies of dead babies.

What a pathetic excuse of a human you have to be to even think about doing that.
 
Posts: 54059 | Location: Tucson Arizona | Registered: January 16, 2002Reply With QuoteReport This Post
Be prepared for loud noise and recoil
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Biden’s words, more or less… “The court is daring women to take this to the ballot box.”

YES! Idiot.

Really tired of this dementia addled schmuck.





“Crisis is the rallying cry of the tyrant.” – James Madison

"Keep your fears to yourself, but share your courage with others." - Robert Louis Stevenson
 
Posts: 3628 | Location: Middle Tennessee  | Registered: March 23, 2006Reply With QuoteReport This Post
Member
posted Hide Post
quote:
Originally posted by maladat:
quote:
Originally posted by PeteF:
quote:
Originally posted by HRK:
quote:
Originally posted by chellim1:
What about the role of the individual States?
Federalism?
Why do you think this should be decided by Congress?


Didn't say it should be decided by congress, the point is that to achieve the goals outlined in Bidens comments
it will take congressional approval to legalize Abortion nationwide.

With SCOTUS ruling, it is up to the individual states, however if the D hold the house and gain seats or sympathizers
in the Senate, they could do what should have been done in the first place, provided they really wanted legal
abortions, nationwide, and pass a federal law,
We know there are RHINO's that may sign on to some form of legislation so that's my point that nothing will be done by November because he'd have to negotiate to get enough votes in the senate.

That is what SCOTUS is saying, there isn't a law, and nothing in the constitution codifying abortion, so, if you guys/gals really want a federal ok on abortion, pass a federal law.
Otherwise its back to the states.



From the comments made by Biden listed above......

Shifting to November’s midterm elections, Biden said that the United States needs "two additional pro-choice senators and a pro-choice House to codify Roe as federal law."


No, the decision held that regulating abortion or not, is not a Federal power. It's is up to the states. Any and all FEDERAL laws, edicts and declarations are not within the scope of the Federal government IE UNCONSTITUTIONAL.

Bozo can try and change the Constitution, but we know that ain't happening.


Read the decision again.

“Held: The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives.”

The decision doesn’t say the federal government can’t regulate abortion. It says the Constitution doesn’t grant a right to abortion such that the states can’t regulate it.

Whether Congress can or not is a completely separate question.


(e)Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion . Roe and Casey arrogated that authority. The Court overrules those decisions and returns that authority to the people and their elected representatives. Pp. 78–79.

Where does is say Federal?
 
Posts: 1104 | Location: New Jersey | Registered: August 16, 2009Reply With QuoteReport This Post
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Picture of bigdeal
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quote:
Originally posted by cas:
Election desperation?
Winner, winner, chicken dinner. Biden can do nothing, and he did nothing with his EO, except pander to his base that is abandoning him at light speed. Today was little more than a deluded, rambling, incoherent, attempt at a campaign speech to try and prove he really is doing something, when all he's doing is filling his Depends and babbling mindlessly.

Today's publicity event changed/accomplished exactly nothing. However, I do want the name and address info on the 11 year old girl Biden vomited about being pregnant and having to travel to another state for an abortion. I 100% guarantee that story is 100% made up, prime, bovine output.


-----------------------------
Guns are awesome because they shoot solid lead freedom. Every man should have several guns. And several dogs, because a man with a cat is a woman. Kurt Schlichter
 
Posts: 33845 | Location: Orlando, FL | Registered: April 30, 2006Reply With QuoteReport This Post
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Don’t blame old Joe, he’s only doing what he’s told.


(and saying exactly what he reads lmao) Big Grin
 
Posts: 21505 | Location: 18th & Fairfax  | Registered: May 17, 2003Reply With QuoteReport This Post
Staring back
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quote:
Originally posted by bigdeal:
However, I do want the name and address info on the 11 year old girl Biden vomited about being pregnant and having to travel to another state for an abortion. I 100% guarantee that story is 100% made up, prime, bovine output.

https://www.theblaze.com/shows...-brings-the-receipts


________________________________________________________
"Great danger lies in the notion that we can reason with evil." Doug Patton.
 
Posts: 21000 | Location: Montana | Registered: November 01, 2010Reply With QuoteReport This Post
Gracie Allen is my
personal savior!
posted Hide Post
Here's at least some information on what the executive order will specifically do:

http://www.cnn.com/2022/07/08/...ive-order/index.html

Assuming CNN has it right, it's mostly a whole lotta nothing. HHS is supposed to make abortion-type services more available, Garland's trying to make an abortion drug unbannable, plus a task group and a report in 30 days. Pretty much BFD.

The interesting part is that HHS is trying to tell doctors (who, incidentally, are licensed by the states rather than some federal agency) that HIPAA prevents them from sharing patient information with law enforcement. Can't wait to see how that shakes out in court.
 
Posts: 27313 | Location: Deep in the heart of the brush country, and closing on that #&*%!?! roadrunner. Really. | Registered: February 05, 2008Reply With QuoteReport This Post
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Picture of Ironbutt
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quote:
Originally posted by cas:
Don’t blame old Joe, he’s only doing what he’s told.


(and saying exactly what he reads lmao) Big Grin


Right. I'm sometimes guilty of blaming Biden for things myself. Even though Biden has always been a stupid ass, (and an asshole); he has absolutely nothing to do with any decision making, policy, appointments to cabinet or any of the alphabet agency positions.


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"It's hard to imagine a more stupid or dangerous way of making decisions, than by putting those decisions in the hands of people who pay no price for being wrong."
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Posts: 2048 | Location: PA | Registered: September 01, 2013Reply With QuoteReport This Post
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Picture of maladat
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quote:
Originally posted by PeteF:
(e)Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion . Roe and Casey arrogated that authority. The Court overrules those decisions and returns that authority to the people and their elected representatives. Pp. 78–79.

Where does is say Federal?


That’s exactly my point, it doesn’t.

The Supreme Court almost always rules very narrowly on a key issue of a case.

The key issue here was, “does a Constitutional right to abortion prevent the states from restricting abortion (past a certain amount of restriction that past decisions allowed)?”

The Supreme Court’s answer was “no, no Constitutional right to abortion prevents the states from restricting abortion.”

Whether or not Congress can make a law about it wasn’t part of the question and wasn’t part of the answer.
 
Posts: 6320 | Location: CA | Registered: January 24, 2011Reply With QuoteReport This Post
Gracie Allen is my
personal savior!
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^^^ Indeed, many a court holding, to certainly include SCOTUS holdings on abortion law, has long lamented that the US Congress has failed to legislate on the subject. This could well be seen as SCOTUS telling Congress to get off its collective ass and take responsibility rather than bitching about what the courts do or don't do on the campaign stump.
 
Posts: 27313 | Location: Deep in the heart of the brush country, and closing on that #&*%!?! roadrunner. Really. | Registered: February 05, 2008Reply With QuoteReport This Post
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posted Hide Post
quote:
Originally posted by maladat:
quote:
Originally posted by PeteF:
(e)Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion . Roe and Casey arrogated that authority. The Court overrules those decisions and returns that authority to the people and their elected representatives. Pp. 78–79.

Where does is say Federal?


That’s exactly my point, it doesn’t.

The Supreme Court almost always rules very narrowly on a key issue of a case.

The key issue here was, “does a Constitutional right to abortion prevent the states from restricting abortion (past a certain amount of restriction that past decisions allowed)?”

The Supreme Court’s answer was “no, no Constitutional right to abortion prevents the states from restricting abortion.”

Whether or not Congress can make a law about it wasn’t part of the question and wasn’t part of the answer.


Actually it was. It the decision that overturned Roe and Casey, the USSC said it was a state issue and the Fed had no Constitutional power one way or the other. Now the Fed (Reps, senate and pres) can't just decide by law that it is a Federal power. To do that would take a Constitutional Amendment ceding that power from the states to the Fed.
 
Posts: 1104 | Location: New Jersey | Registered: August 16, 2009Reply With QuoteReport This Post
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Picture of maladat
posted Hide Post
quote:
Originally posted by PeteF:
quote:
Originally posted by maladat:
quote:
Originally posted by PeteF:
(e)Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion . Roe and Casey arrogated that authority. The Court overrules those decisions and returns that authority to the people and their elected representatives. Pp. 78–79.

Where does is say Federal?


That’s exactly my point, it doesn’t.

The Supreme Court almost always rules very narrowly on a key issue of a case.

The key issue here was, “does a Constitutional right to abortion prevent the states from restricting abortion (past a certain amount of restriction that past decisions allowed)?”

The Supreme Court’s answer was “no, no Constitutional right to abortion prevents the states from restricting abortion.”

Whether or not Congress can make a law about it wasn’t part of the question and wasn’t part of the answer.


Actually it was. It the decision that overturned Roe and Casey, the USSC said it was a state issue and the Fed had no Constitutional power one way or the other. Now the Fed (Reps, senate and pres) can't just decide by law that it is a Federal power. To do that would take a Constitutional Amendment ceding that power from the states to the Fed.


That is not remotely what the decision or any of the quotes you’ve taken from it say.
 
Posts: 6320 | Location: CA | Registered: January 24, 2011Reply With QuoteReport This Post
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Picture of bigdeal
posted Hide Post
quote:
Originally posted by maladat:
quote:
Originally posted by PeteF:
quote:
Originally posted by maladat:
quote:
Originally posted by PeteF:
(e)Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion . Roe and Casey arrogated that authority. The Court overrules those decisions and returns that authority to the people and their elected representatives. Pp. 78–79.

Where does is say Federal?


That’s exactly my point, it doesn’t.

The Supreme Court almost always rules very narrowly on a key issue of a case.

The key issue here was, “does a Constitutional right to abortion prevent the states from restricting abortion (past a certain amount of restriction that past decisions allowed)?”

The Supreme Court’s answer was “no, no Constitutional right to abortion prevents the states from restricting abortion.”

Whether or not Congress can make a law about it wasn’t part of the question and wasn’t part of the answer.


Actually it was. It the decision that overturned Roe and Casey, the USSC said it was a state issue and the Fed had no Constitutional power one way or the other. Now the Fed (Reps, senate and pres) can't just decide by law that it is a Federal power. To do that would take a Constitutional Amendment ceding that power from the states to the Fed.


That is not remotely what the decision or any of the quotes you’ve taken from it say.
Why do we need to do this? Roe is history. The subject of abortion has been returned to the states (where it always belonged). Whether they could legally legislate of not, the Congress 'will not' legislate on the issue because of self serving, rampant, cowardice. As much as the Left doesn't want to accept it, the issue is dead...for now and the foreseeable future. Let's all just rejoice in where we're at right now, and take on challenges in the future whenever they arise.


-----------------------------
Guns are awesome because they shoot solid lead freedom. Every man should have several guns. And several dogs, because a man with a cat is a woman. Kurt Schlichter
 
Posts: 33845 | Location: Orlando, FL | Registered: April 30, 2006Reply With QuoteReport This Post
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posted Hide Post
quote:
Originally posted by PeteF:
quote:
Originally posted by maladat:
quote:
Originally posted by PeteF:
(e)Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion . Roe and Casey arrogated that authority. The Court overrules those decisions and returns that authority to the people and their elected representatives. Pp. 78–79.

Where does is say Federal?


That’s exactly my point, it doesn’t.

The Supreme Court almost always rules very narrowly on a key issue of a case.

The key issue here was, “does a Constitutional right to abortion prevent the states from restricting abortion (past a certain amount of restriction that past decisions allowed)?”

The Supreme Court’s answer was “no, no Constitutional right to abortion prevents the states from restricting abortion.”

Whether or not Congress can make a law about it wasn’t part of the question and wasn’t part of the answer.


Actually it was. It the decision that overturned Roe and Casey, the USSC said it was a state issue and the Fed had no Constitutional power one way or the other. Now the Fed (Reps, senate and pres) can't just decide by law that it is a Federal power. To do that would take a Constitutional Amendment ceding that power from the states to the Fed.


No, it doesn’t say that. The decision said there is no Constitutional right to an abortion. It didn’t say anything about whether the federal government can pass legislation prohibiting states from banning abortion or whether the federal government can operate abortion facilities in states over their objection. That’s the next battle to be fought.
 
Posts: 1014 | Location: Tampa | Registered: July 27, 2010Reply With QuoteReport This Post
Shall Not Be Infringed
Picture of nhracecraft
posted Hide Post
The Tenth Amendment to the US Constitution:

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."


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Posts: 9648 | Location: New Hampshire | Registered: October 29, 2011Reply With QuoteReport This Post
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quote:
Originally posted by nhracecraft:
The Tenth Amendment to the US Constitution:

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."


Agreed. The question is whether Article 1 of the Constitution gives the federal government the power to regulate access to abortion or to operate abortion clinics in states over their objection. If it does not, then that power belongs to the people.
 
Posts: 1014 | Location: Tampa | Registered: July 27, 2010Reply With QuoteReport This Post
Left-Handed,
NOT Left-Winged!
posted Hide Post
quote:
Originally posted by DaveL:
quote:
Originally posted by nhracecraft:
The Tenth Amendment to the US Constitution:

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."


Agreed. The question is whether Article 1 of the Constitution gives the federal government the power to regulate access to abortion or to operate abortion clinics in states over their objection. If it does not, then that power belongs to the people.


All other laws about homicide, assisted suicide, etc. are state level. Civil rights legislation is nationwide, but that pertains to protecting individual rights, and abortion is not a right.

Feds usually use the interstate commerce clause to justify massive overreach in many things. I'm not sure how it could be applied to abortion, but they will certainly try to find a way.
 
Posts: 5034 | Location: Indiana | Registered: December 28, 2004Reply With QuoteReport This Post
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Agreed that the commerce clause is the most likely candidate. Maybe they can overturn Wickard while they’re at it.
 
Posts: 1014 | Location: Tampa | Registered: July 27, 2010Reply With QuoteReport This Post
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