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What will stop a future Democratic Congress from enshrining it at the Federal level and SCOTUS upholding that?

by ReptileMan 5y ago

ceejayoz 5y ago
You mean other than six conservative justices?
- rayiner 5y ago
  You keep saying “conservative” but you don’t seem to understand the conservative position here. The right is split over abortion. What they’re united against is Roe, which is both egregious legal ju jitsu and enshrines a right extending to fetal viability that most Americans oppose. There are six votes to overturn Roe. There aren’t six votes to overturn a federal enactment that protects some level of abortion rights.
  - ceejayoz 5y ago
    There are three Republican senators and zero representatives, as far as I can see, that espouse anything close to a pro-choice position. It has been a litmus test for their candidates for decades. I don’t see much evidence of what you’re asserting. 13 states have already pre-banned abortion, and another ten plan to when Roe falls. Doesn’t seem to be much of a split. https://www.nbcnews.com/data-graphics/map-23-states-ban-abortion-post-roe-america-rcna27081 https://www.nbcnews.com/data-graphics/map-23-states-ban-abor... Similarly, polling of what “most Americans oppose” says the opposite of what you assert. https://www.washingtonpost.com/politics/2022/05/03/most-americans-say-supreme-court-should-uphold-roe-post-abc-poll-finds/ https://www.washingtonpost.com/politics/2022/05/03/most-amer...
    - rayiner 5y ago
      Republican politicians say that because they’re not in a position to actually ban abortion. It’s like how moderate democrats all purport to support all sorts of progressive things they didn’t support when they were actually in a position to enact them. 35% of republicans say abortion should be legal in all/most cases compared to 80% of democrats: https://www.pewresearch.org/fact-tank/2021/05/06/about-six-in-ten-americans-say-abortion-should-be-legal-in-all-or-most-cases https://www.pewresearch.org/fact-tank/2021/05/06/about-six-i.... Until democrats got more liberal in 2008, there were about the same number of pro choice republicans as there are pro life democrats—over 35% in both parties. Most Americans don’t know what Roe specifically requires and thinks abortion would become illegal if it were overturned. If you actually ask people where they think the line should be drawn, most people don’t support Roe’s full scope. They think it should be legal in the first trimester, and support other restrictions that Roe precludes. 44% of democrats think life begins sometime in the first trimester. https://apnews.com/article/only-on-ap-us-supreme-court-abortion-religion-health-2c569aa7934233af8e00bef4520a8fa8 https://apnews.com/article/only-on-ap-us-supreme-court-abort... https://www.npr.org/2019/06/07/730183531/poll-majority-want-to-keep-abortion-legal-but-they-also-want-restrictions https://www.npr.org/2019/06/07/730183531/poll-majority-want-...

What will stop a future Democratic Congress from enshrining it at the Federal level and SCOTUS upholding that?

ceejayoz 5y ago

You mean other than six conservative justices?

rayiner 5y ago
You keep saying “conservative” but you don’t seem to understand the conservative position here. The right is split over abortion. What they’re united against is Roe, which is both egregious legal ju jitsu and enshrines a right extending to fetal viability that most Americans oppose. There are six votes to overturn Roe. There aren’t six votes to overturn a federal enactment that protects some level of abortion rights.
- ceejayoz 5y ago
  There are three Republican senators and zero representatives, as far as I can see, that espouse anything close to a pro-choice position. It has been a litmus test for their candidates for decades. I don’t see much evidence of what you’re asserting. 13 states have already pre-banned abortion, and another ten plan to when Roe falls. Doesn’t seem to be much of a split. https://www.nbcnews.com/data-graphics/map-23-states-ban-abortion-post-roe-america-rcna27081 https://www.nbcnews.com/data-graphics/map-23-states-ban-abor... Similarly, polling of what “most Americans oppose” says the opposite of what you assert. https://www.washingtonpost.com/politics/2022/05/03/most-americans-say-supreme-court-should-uphold-roe-post-abc-poll-finds/ https://www.washingtonpost.com/politics/2022/05/03/most-amer...
  - rayiner 5y ago
    Republican politicians say that because they’re not in a position to actually ban abortion. It’s like how moderate democrats all purport to support all sorts of progressive things they didn’t support when they were actually in a position to enact them. 35% of republicans say abortion should be legal in all/most cases compared to 80% of democrats: https://www.pewresearch.org/fact-tank/2021/05/06/about-six-in-ten-americans-say-abortion-should-be-legal-in-all-or-most-cases https://www.pewresearch.org/fact-tank/2021/05/06/about-six-i.... Until democrats got more liberal in 2008, there were about the same number of pro choice republicans as there are pro life democrats—over 35% in both parties. Most Americans don’t know what Roe specifically requires and thinks abortion would become illegal if it were overturned. If you actually ask people where they think the line should be drawn, most people don’t support Roe’s full scope. They think it should be legal in the first trimester, and support other restrictions that Roe precludes. 44% of democrats think life begins sometime in the first trimester. https://apnews.com/article/only-on-ap-us-supreme-court-abortion-religion-health-2c569aa7934233af8e00bef4520a8fa8 https://apnews.com/article/only-on-ap-us-supreme-court-abort... https://www.npr.org/2019/06/07/730183531/poll-majority-want-to-keep-abortion-legal-but-they-also-want-restrictions https://www.npr.org/2019/06/07/730183531/poll-majority-want-...