The Conservative Cave
Current Events => The DUmpster => Topic started by: CC27 on May 05, 2022, 01:57:25 PM
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Thu May 5, 2022, 02:43 PM
Star Member Thunderbeast (2,223 posts)
Is there a Constitutional lawyer in the house?
OK...Assume that the Fedralist Society and the theocrats have succeeded in overturning Roe vs. Wade by rendering the "right to privacy" as fiction. Ruth Beder Ginsberg was ALLWAYS worried that this construct was to weak to preserve a constitutional right. She believed that an argument under the equal protection clause of the 14th Amendment would be more resilient. The clause, which took effect in 1868, provides "nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws". It mandates that individuals in similar situations be treated equally by the law. (from Wikipedia). How would this provision help the cause of abortion rights?
What if a pregnant "Ruth Roe" filed suit in Mississippi TODAY challenging the state's abortion restriction based on violation of the "equal protection" clause. Would SCOTUS then need to tie themselves into a pretzel to support the law? Would the five ideologues still support the abortion bans without shame using new fiction?
https://www.democraticunderground.com/100216663182
At the DUmp??? :-) :rotf:
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Calling laserhaas! Calling laserhaas! Culling laserhaas!!!
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What if a pregnant "Ruth Roe" filed suit in Mississippi TODAY challenging the state's abortion restriction based on violation of the "equal protection" clause. Would SCOTUS then need to tie themselves into a pretzel to support the law? Would the five ideologues still support the abortion bans without shame using new fiction?
Once again exchange abortion for 2A and see how you feel about your theory.
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So, they're saying Roe v Wade created a constitutional right to abortion? Hmm, if that's the case, don't we have a process for that which was COMPLETELY left out of the process? :confused:
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Calling laserhaas! Calling laserhaas! Culling laserhaas!!!
Isn't he still trying to sue Mitt Romney into oblivion?
Has he found a court that will accept his case?
:-) :-) :-)
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Isn't he still trying to sue Mitt Romney into oblivion?
Has he found a court that will accept his case?
:-) :-) :-)
I support that goal and am ashamed that I ever voted that leftist POS.
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Response to Thunderbeast (Original post)
Thu May 5, 2022, 04:34 PM
Star Member hlthe2b (91,309 posts)
5. "Abortion not mentioned in constitution, neither is "woman" But Alito is wrong. 13th Amendment
is the argument to attack this because forcing a woman to carry a pregnancy to term is enslavement.
Others are beginning to point this out, but the outlaw of slavery is the argument: the 13th Amendment abolished slavery & involuntary servitude. Forcing a woman to bear a child is involuntary servitude. No one has a right to use someone else’s body against their will, even if it saves a fetus.
:thatsright:
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By the 5th Amendment, "No person shall ... be deprived of life, liberty, or property, without due process of law ..." abortion violates the Constitution, unless the baby is tried and convicted of a capital crime.
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Thu May 5, 2022, 02:43 PM
Star Member Thunderbeast (2,223 posts)
Is there a Constitutional lawyer in the house?
Aren't they all?
:whatever: