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Dallas239
Sound and Fury
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quote:
Originally posted by jhe888:
I am as sure as I can be that they won't overrule Griswold. And it is a wreck of an opinion.

But they don't have to overrule it. There is old, bad law out there that just dies out without being overruled. No one cites it anymore, and everyone knows it doesn't have much precedential value. Judges and lawyers don't claim the penumbras and emanations as the source of "new" rights. Some legal threads just turn into dead ends.

The damage is done, if you think Griswold led to Roe. The courts may allow more abortion restrictions now. They will distinguish the old cases, and shunt them onto sidetracks of varying degrees of irrelevance without ever overruling them.
I also doubt Griswold will be explicitly overruled, but we really need to get back to the law before everything was protected by the federal constitution. California, New York, Massachusetts, are never again going to restrict abortion to any meaningful degree. If Roe were even implicitly overturned, they might even put it in their state constitutions. That's how this federation is supposed to work. The Court is the only body that can make that happen.



"I've spoken of the shining city all my political life, but I don't know if I ever quite communicated what I saw when I said it. But in my mind it was a tall proud city built on rocks stronger than oceans, wind-swept, God-blessed, and teeming with people of all kinds living in harmony and peace, a city with free ports that hummed with commerce and creativity, and if there had to be city walls, the walls had doors and the doors were open to anyone with the will and the heart to get here." -- Ronald Reagan, Farewell Address, Jan. 11, 1989

Si vis pacem para bellum
There are none so blind as those who refuse to see.
Feeding Trolls Since 1995
 
Posts: 18040 | Registered: February 22, 2002Reply With QuoteReport This Post
HRK
Thank you
Very little
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quote:
As long as they don't amount to de-facto bans, this new court might uphold some of those restrictions when previous courts wouldn't. That is what the fight is actually about. I'd say the chance that Roe is overruled is close to zero, and the chance that Griswold is overruled is zero.


JMO but I don't think the fight is about abortion rights being changed, eliminated or expanded, its about the cause, and the money it drives to the D party coffers, the workers it encourages to get out there to vote or work for votes. It's the same for 2A, having no guns or gun lobby to fight would kill off a leading reason of pot stirring for leftists and the money that goes to fight it.


The left doesn't want any of it to go away, and probably the right as well, you need polarizing things to rile up voters and donors over...
 
Posts: 24650 | Location: Gunshine State | Registered: November 07, 2008Reply With QuoteReport This Post
sjtill
goodheart
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quote:
The left doesn't want any of it to go away, and probably the right as well, you need polarizing things to rile up voters and donors over...


I'm afraid you're right on both counts, HRK. I think Ted Kennedy's death was a fund-raising disaster for the right.


_________________________
“Remember, remember the fifth of November!"
 
Posts: 18616 | Location: One hop from Paradise | Registered: July 27, 2004Reply With QuoteReport This Post
Fenris
10mm is The
Boom of Doom
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posted Hide Post
quote:
Originally posted by Dallas239:
quote:
Originally posted by jhe888:
I am as sure as I can be that they won't overrule Griswold. And it is a wreck of an opinion.

But they don't have to overrule it. There is old, bad law out there that just dies out without being overruled. No one cites it anymore, and everyone knows it doesn't have much precedential value. Judges and lawyers don't claim the penumbras and emanations as the source of "new" rights. Some legal threads just turn into dead ends.

The damage is done, if you think Griswold led to Roe. The courts may allow more abortion restrictions now. They will distinguish the old cases, and shunt them onto sidetracks of varying degrees of irrelevance without ever overruling them.

I also doubt Griswold will be explicitly overruled, but we really need to get back to the law before everything was protected by the federal constitution. California, New York, Massachusetts, are never again going to restrict abortion to any meaningful degree. If Roe were even implicitly overturned, they might even put it in their state constitutions. That's how this federation is supposed to work. The Court is the only body that can make that happen.

Yep. Griswold is cast in iron. Hope for a flip if you want. Nothing is going to stick.

That egg has done been fried.



God Bless and Protect the Once and Future President, Donald John Trump.
 
Posts: 17607 | Location: Northern Virginia | Registered: November 08, 2008Reply With QuoteReport This Post
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