POLITICO Exclusive: Supreme Court Has Voted to Overturn Abortion Rights, Draft Opinion Shows
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Originally posted by parabellum:
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Originally posted by goose5: Looks like she got hammered hard enough she shut down her account.
Well, considering that she had managed to insult everyone, I'm not surprised.
Yeah, so many layers to her tweet.
"I’m not going to read Time Magazine, I’m not going to read Newsweek, I’m not going to read any of these magazines; I mean, because they have too much to lose by printing the truth"- Bob Dylan, 1965
May 03, 2022, 06:01 PM
PeteF
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Originally posted by Flash-LB:
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Originally posted by PeteF:
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Originally posted by Flash-LB: Since there's nothing in the Constitution to cover abortion rights, then the Feds have no power over it and the power is given to the states.
The Tenth Amendment declares, "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." In other words, states have all powers not granted to the federal government by the Constitution.
Close. All power comes from the people. The states powers are given to them via the state constitutions. The states the determined what powers the fed would have via the US constitution.
So basically if it isnt explicitly spelled out as a power of the state, or a power of the fed via the constitutions, the power is reserved to the people.
Governments both fed and state habe gotten used to the "it doesn't say we can't" mentality instead of the "this is where it says we can" mentality.
No, not close, exact. That's an exact quote from the 10th Amendment to the Constitution.
Your "In other words" interpretation is what was close.
"In other words, states have all powers not granted to the federal government by the Constitution."
Where People maintain ALL rights, where a power has not been granted to the States or the Fed.
If Some is Good, and More is Better.....then Too Much, is Just Enough !! Trump 2024....Save America! "May Almighty God bless the United States of America" - parabellum 7/26/20 Live Free or Die!
May 03, 2022, 07:42 PM
DaveL
quote:
Originally posted by PeteF:
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Originally posted by Flash-LB:
quote:
Originally posted by PeteF:
quote:
Originally posted by Flash-LB: Since there's nothing in the Constitution to cover abortion rights, then the Feds have no power over it and the power is given to the states.
The Tenth Amendment declares, "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." In other words, states have all powers not granted to the federal government by the Constitution.
Close. All power comes from the people. The states powers are given to them via the state constitutions. The states the determined what powers the fed would have via the US constitution.
So basically if it isnt explicitly spelled out as a power of the state, or a power of the fed via the constitutions, the power is reserved to the people.
Governments both fed and state habe gotten used to the "it doesn't say we can't" mentality instead of the "this is where it says we can" mentality.
No, not close, exact. That's an exact quote from the 10th Amendment to the Constitution.
Your "In other words" interpretation is what was close.
"In other words, states have all powers not granted to the federal government by the Constitution."
Where People maintain ALL rights, where a power has not been granted to the States or the Fed.
You guys are conflating rights and powers.
The tenth amendment clarifies that the residual powers not granted to the federal government or prohibited to the states, belong to the states or the people. It’s there to head off any argument that the powers enumerated in the constitution are an exhaustive list.
The ninth amendment says basically the same thing, but about rights - just because they aren’t listed in the constitution doesn’t mean they don’t exist.
So the ninth amendment allows for the possibility that there is a right to abortion, but it’s just not in the constitution. If there is, and Congress wants to regulate it, the tenth amendment says it has to find the power to do so in the constitution. If it’s not there, it belongs to the states or the people.
The ninth amendment throws a lot of people for a loop because they believe the constitution must protect all of our rights, and if the SCOTUS says it doesn’t then the right ceases to exist.
May 03, 2022, 07:44 PM
Balzé Halzé
If Roberts had any balls or an ounce of integrity at this point, he'd immediately side with the majority and release the court's opinion TODAY.
~Alan Acta Non Verba NRA Life Member (Patron) God, Family, Guns, Country
Men will fight and die to protect women... because women protect everything else. ~Andrew Klavan
"Once there was only dark. If you ask me, light is winning." ~Rust Cohle
May 03, 2022, 07:50 PM
SIGnified
Roberts found that Obamacare was a tax. (Even though Obamacare came of the senate, not out of the house where all tax legislation must originate)
"Pacifism is a shifty doctrine under which a man accepts the benefits of the social group without being willing to pay - and claims a halo for his dishonesty." ~Robert A. Heinlein
May 03, 2022, 07:54 PM
OKCGene
Oklahoma Governor just signed our anti abortion law.
This was not a last minute thing, it’s been working through for a while now.
Originally posted by Balzé Halzé: If Roberts had any balls or an ounce of integrity at this point, he'd immediately side with the majority and release the court's opinion TODAY.
He (and every other Justice) should do exactly what they were going to do before the leak, on whatever timetable they were going to do it. Other than crucify the leaker, of course.This message has been edited. Last edited by: DaveL,
May 03, 2022, 09:03 PM
parabellum
May 03, 2022, 09:45 PM
Balzé Halzé
Imagine being on the same side as that lunatic.
~Alan Acta Non Verba NRA Life Member (Patron) God, Family, Guns, Country
Men will fight and die to protect women... because women protect everything else. ~Andrew Klavan
"Once there was only dark. If you ask me, light is winning." ~Rust Cohle
May 03, 2022, 09:45 PM
LS1 GTO
quote:
Originally posted by OKCGene: Oklahoma Governor just signed our anti abortion law.
This was not a last minute thing, it’s been working through for a while now.
So after the law passes and a pregnant woman sues the state, then the case goes to the SCOTUS and SCOTUS sides with the state, that is overturning R v W.
Somebody else here might be able to explain it differently however; there are three parts to a case decided by SCOTUS.
1. The decision, either for or against the defendant.
2. Opinion(s) of justice(s) siding with the majority and why he/she sided with the majority.
3. Opinion(s) of descenting (sp?) justices and why they don’t agree with the majority.
Case before the court is Mississippi’s ban on abortions after 15 weeks.
If the majority of justices side with the state and If the opinion of one, or more, justices indicates flaws in R v W for the basis of their decision, this opens the door for a state (or states) to ban abortion thinking/hoping/knowing the majority of justices sitting on the bench in two years will side with the ban and do, that is when R v W is overturned.
Life moves pretty fast. If you don't stop and look around once in a while, you could miss it.
"If dogs don't go to Heaven, I want to go where they go" Will Rogers
May 03, 2022, 09:59 PM
Balzé Halzé
Speaking of Elaine, that reminded me of this clip...
"You know, some day we're going to get enough people on the Supreme Court to change that law."
It just proves again my theory, that everything in life can relate back to a Seinfeld episode.
~Alan Acta Non Verba NRA Life Member (Patron) God, Family, Guns, Country
Men will fight and die to protect women... because women protect everything else. ~Andrew Klavan
"Once there was only dark. If you ask me, light is winning." ~Rust Cohle
May 03, 2022, 10:06 PM
Ironbutt
quote:
Originally posted by Balzé Halzé: Speaking of Elaine, that reminded me of this clip...
"You know, some day we're going to get enough people on the Supreme Court to change that law."
It just proves again my theory, that everything in life can relate back to a Seinfeld episode.
[FLASH_VIDEO]<iframe frameborder="0" height="315" src="https://www.youtube.com/embed/u9TbWeedhm8" title="YouTube video player" width="560"></iframe>[/FLASH_VIDEO]
Or at least one South Park episode. I think they had a couple on abortion.
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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." Thomas Sowell
May 03, 2022, 10:12 PM
ensigmatic
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Originally posted by Balzé Halzé: If Roberts had any balls or an ounce of integrity at this point, he'd immediately side with the majority and release the court's opinion TODAY.
They don't have an opinion, yet. They have a draft opinion.
I do swear, some of y'all are being just as wacky about this whole thing as the loony left
Keep calm. Don't panic.
"America is at that awkward stage. It's too late to work within the system,,,, but too early to shoot the bastards." -- Claire Wolfe "If we let things terrify us, life will not be worth living." -- Seneca the Younger, Roman Stoic philosopher
May 03, 2022, 10:27 PM
sigmonkey
Red Meat
"the meaning of life, is to give life meaning" ✡ Ani Yehudi אני יהודי Le'olam lo shuv לעולם לא שוב!
May 03, 2022, 10:41 PM
Balzé Halzé
quote:
Originally posted by ensigmatic: They don't have an opinion, yet. They have a draft opinion.
I do swear, some of y'all are being just as wacky about this whole thing as the loony left
Yeah no shit. You seriously think I don't know it's just a draft opinion right now? You don't comprehend hyperbole? Look at the timestamp of my post. I clearly didn't expect an opinion out today or even tomorrow. On page 7 I said "as soon as possible," and I stand by that. The court should release the opinion sooner now rather than later.
And as wacky as the left after this leak? Why don't you clarify that because that's straight up nonsense.
~Alan Acta Non Verba NRA Life Member (Patron) God, Family, Guns, Country
Men will fight and die to protect women... because women protect everything else. ~Andrew Klavan
"Once there was only dark. If you ask me, light is winning." ~Rust Cohle
May 03, 2022, 10:43 PM
Ogie
quote:
Originally posted by ensigmatic:
quote:
Originally posted by Balzé Halzé: If Roberts had any balls or an ounce of integrity at this point, he'd immediately side with the majority and release the court's opinion TODAY.
They don't have an opinion, yet. They have a draft opinion.
I do swear, some of y'all are being just as wacky about this whole thing as the loony left
Keep calm. Don't panic.
Yes, a draft opinion that is almost three months old. You would think that by now they would have refined their opinions to be pretty much final. The last day of the term is tomorrow. This particular decision should be finalized soon. I would think that by the day after tomorrow they would be able to announce the final opinion. That would save a lot of crap that would otherwise be filling the air waves for the next several months. Announce on Thursday and in two months almost no one will be talking about it or at least the discussion will be more muted.
May 03, 2022, 11:02 PM
spunk639
Aside from my absolute contempt and disdain for the leak undermining the foundation of the Highest Court, the decision will be what it is. Some of us will be pleased others will be enraged, some may not even care. However it will be a decision with no further immediate appeal. One side can try to change the makeup or pack the court, the other may tighten controls at the state or win majorities in the election. Arguing, belittling and fighting amongst ourselves is a waste of time. The decision will be released and the cards will fall, what side an individual chooses, that’s up to the individual. Hopefully despite what side we fall on, we all remember we’re Americans and we can debate the issue and seek changes through our elected officials. Despite how things seem we’re still the greatest nation on earth.
May 04, 2022, 02:03 AM
OKCGene
quote:
Originally posted by LS1 GTO:
quote:
Originally posted by OKCGene: Oklahoma Governor just signed our anti abortion law.
This was not a last minute thing, it’s been working through for a while now.
So after the law passes and a pregnant woman sues the state, then the case goes to the SCOTUS and SCOTUS sides with the state, that is overturning R v W.
Somebody else here might be able to explain it differently however; there are three parts to a case decided by SCOTUS.
1. The decision, either for or against the defendant.
2. Opinion(s) of justice(s) siding with the majority and why he/she sided with the majority.
3. Opinion(s) of descenting (sp?) justices and why they don’t agree with the majority.
Case before the court is Mississippi’s ban on abortions after 15 weeks.
If the majority of justices side with the state and If the opinion of one, or more, justices indicates flaws in R v W for the basis of their decision, this opens the door for a state (or states) to ban abortion thinking/hoping/knowing the majority of justices sitting on the bench in two years will side with the ban and do, that is when R v W is overturned.
FWIW: It's my understanding that the new Oklahoma law is modeled closely, if not pretty much identical, to the one Texas recently passed, which seems to be holding up at this time. .
