4 ms·

Roe vs Wade upended precedent before it, so precedent alone is a bad argument. The majority ruling specifically rebutted what it thought were nonsensical argume

Roe vs Wade upended precedent before it, so precedent alone is a bad argument. The majority ruling specifically rebutted what it thought were nonsensical arguments in the Roe decision for tying the right to privacy to some inherent right in the constitution. Neither right should be viewed as constitutional and even if the right to privacy were, tying abortion to it is a fantastical leap of logic.

sandworm101 4y ago
Yes, Roe did create a new right. But in creating that right it didn't take anything from anyone else, at least any living person. It took away the government's right to interfere with one aspect of an individuals life. This new ruling strips an existing right from the individual and returns it to the government. Only law students would see symmetry such a thing. People are allowed to be mad that today they are less in control of their lives than they were yesterday. They are allowed to be mad at government finding yet method to regulate their lives. (I'm also a little shocked that the anti-big-government crowd isn't also screaming mad about this. All those rights they think they still have are also now on the table.)
- commandlinefan 4y ago
  > the anti-big-government crowd isn't also screaming mad We anti-big-government crowd types are hopeful that the right to privacy that was invented by the supreme court in 1973 and revoked by the supreme court in 2022 will be added via the correct, non-reversible legislative process it ought to have been back then.
  - fzeroracer 4y ago
    So you're expecting the government to solve a problem created by the government? That seems rather unwise, especially since in the interim you are losing rights as time goes on. Especially when people are cheering on the side that's removing said rights because people would ban abortion, same-sex marriage etc no matter the cost.
    - commandlinefan 4y ago
      > the government to solve a problem created by the government The supreme court is the government too...
  - sandworm101 4y ago
    A constitutional amendment to enshrine a right to privacy/abortion is about as likely as Texas leaving the union to become part of Canada.
    - commandlinefan 4y ago
      Not sure if you're right or wrong, but either way - far from destroying democracy, that is democracy in action. If the majority wants abortion, we get abortion. If the majority doesn't, we don't.
      - trs8080 4y ago
        But the United States can hardly be called a democracy with gerrymandering, unelected federal judges, unequal representation for populous states in congress, and the electoral college. The majority does want abortion rights, but those rights aren't coming. That's not democracy in action.
        sandworm101 4y ago
        It isn't a democracy. It is a republic. It is rule by the people via a very specific system, one that isn't about simple majority rule.
        deleted 4y ago
        [deleted]
        Fatnino 4y ago
        Also known as not something that actually works
      - mcphage 4y ago
        > If the majority wants abortion, we get abortion. If the majority doesn't, we don't. The majority does want abortion, and yet we just lost it. > far from destroying democracy, that is democracy in action Do you still believe this, given that your next sentence is patently false?
  - deleted 4y ago
    [deleted]
- vcgdfgfgfdg 4y ago
  > But in creating that right it didn't take anything from anyone else, at least any living person The fetus is a "living person" according to many biologists > Only law students would see symmetry such a thing Have you been in any law classroom?
  - trs8080 4y ago
    > The fetus is a "living person" according to many biologists It's also not a "living person" according to "many" biologists.
fzeroracer 4y ago
I'm very confused about how people can square the two ideological positions of 'small government' and 'anti-abortion'. Roe v Wade explicitly barred the government and the states from interfering with a private individuals decision. The overturning of said decision empowers the government and increases their power. People should be very afraid of decisions like these which take away rights from people.
- vcgdfgfgfdg 4y ago
  What about the right to vote on abortion laws?
wbsss4412 4y ago
1. Roe was based on the precedent set by griswold. 2. What legal precedent did roe upend? I can’t think of any.
- sandworm101 4y ago
  Every case where a woman/doctor was charged for actions in relation to illegal abortion. And every time those convictions were affirmed by lower courts.
  - wbsss4412 4y ago
    That’s not what legal precedent is. Otherwise anytime a law is passed, we’d consider it “overturning precedent”. Precedent means that there is a long string of legal jurisprudence on a subject. Obviously roe/griswold created a new one, but it didn’t overturn/upend an existing one.

sandworm101 4y ago

Yes, Roe did create a new right. But in creating that right it didn't take anything from anyone else, at least any living person. It took away the government's right to interfere with one aspect of an individuals life. This new ruling strips an existing right from the individual and returns it to the government. Only law students would see symmetry such a thing. People are allowed to be mad that today they are less in control of their lives than they were yesterday. They are allowed to be mad at government finding yet method to regulate their lives. (I'm also a little shocked that the anti-big-government crowd isn't also screaming mad about this. All those rights they think they still have are also now on the table.)

commandlinefan 4y ago
> the anti-big-government crowd isn't also screaming mad We anti-big-government crowd types are hopeful that the right to privacy that was invented by the supreme court in 1973 and revoked by the supreme court in 2022 will be added via the correct, non-reversible legislative process it ought to have been back then.
- fzeroracer 4y ago
  So you're expecting the government to solve a problem created by the government? That seems rather unwise, especially since in the interim you are losing rights as time goes on. Especially when people are cheering on the side that's removing said rights because people would ban abortion, same-sex marriage etc no matter the cost.
  - commandlinefan 4y ago
    > the government to solve a problem created by the government The supreme court is the government too...
- sandworm101 4y ago
  A constitutional amendment to enshrine a right to privacy/abortion is about as likely as Texas leaving the union to become part of Canada.
  - commandlinefan 4y ago
    Not sure if you're right or wrong, but either way - far from destroying democracy, that is democracy in action. If the majority wants abortion, we get abortion. If the majority doesn't, we don't.
    - trs8080 4y ago
      But the United States can hardly be called a democracy with gerrymandering, unelected federal judges, unequal representation for populous states in congress, and the electoral college. The majority does want abortion rights, but those rights aren't coming. That's not democracy in action.
      - sandworm101 4y ago
        It isn't a democracy. It is a republic. It is rule by the people via a very specific system, one that isn't about simple majority rule.
        deleted 4y ago
        [deleted]
        Fatnino 4y ago
        Also known as not something that actually works
    - mcphage 4y ago
      > If the majority wants abortion, we get abortion. If the majority doesn't, we don't. The majority does want abortion, and yet we just lost it. > far from destroying democracy, that is democracy in action Do you still believe this, given that your next sentence is patently false?
- deleted 4y ago
  [deleted]
vcgdfgfgfdg 4y ago
> But in creating that right it didn't take anything from anyone else, at least any living person The fetus is a "living person" according to many biologists > Only law students would see symmetry such a thing Have you been in any law classroom?
- trs8080 4y ago
  > The fetus is a "living person" according to many biologists It's also not a "living person" according to "many" biologists.

fzeroracer 4y ago

I'm very confused about how people can square the two ideological positions of 'small government' and 'anti-abortion'. Roe v Wade explicitly barred the government and the states from interfering with a private individuals decision. The overturning of said decision empowers the government and increases their power. People should be very afraid of decisions like these which take away rights from people.

vcgdfgfgfdg 4y ago
What about the right to vote on abortion laws?

wbsss4412 4y ago

1. Roe was based on the precedent set by griswold. 2. What legal precedent did roe upend? I can’t think of any.

sandworm101 4y ago
Every case where a woman/doctor was charged for actions in relation to illegal abortion. And every time those convictions were affirmed by lower courts.
- wbsss4412 4y ago
  That’s not what legal precedent is. Otherwise anytime a law is passed, we’d consider it “overturning precedent”. Precedent means that there is a long string of legal jurisprudence on a subject. Obviously roe/griswold created a new one, but it didn’t overturn/upend an existing one.