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> Half of the problem here is that reasonable people think this will be a states' rights issue with reasonable exceptions that local people can all agree on, bu
by throwaway894345 4y ago
> Half of the problem here is that reasonable people think this will be a states' rights issue with reasonable exceptions that local people can all agree on, but with which others might differ.
It wasn't like we had a referendum and reasonable people voted for this to be a states' rights issue. Rather, we never had an abortion law or anything in the constitution that could reasonably be interpreted as a right to abortion, so the Supreme Court overturned RvW. What we need is a federal law (Amendment?) that protects abortion access for the most extreme cases (i.e., the cases where a healthy majority of Americans agree).
- ModernMech 4y agoAnd yet, what we had was a reasonable state of affairs: there was a sliding scale between more permissive and restrictive abortion options as a pregnancy progressed, and every person could make up their minds as to whether they would seek an abortion based on their circumstances and health within those limits. The status quo was that 99% of abortions were performed in the early stages where the fetus is still not developed, with virtually none of the morally complicated late term abortions actually occurring. What then happened is that a president elected by a minority of the country appointed extreme Justices, who were confirmed by a Senate that also represented a minority of the country, and they made a unilateral decision based more on their personal religious beliefs than the actual law. Rather than settle the issue as they thought it would, they have thrown the whole country into abject chaos. A lot of reasonable people, and in fact highly distinguished legal scholars (including decades of Justices) interpreted the Constitution as supporting Roe, so calling them unreasonable is, I think, not right and adds insult to injury. What is certainly unreasonable is where we have landed. State legislatures are passing the most extreme laws they can possibly can, with no exceptions for rape or incest. Forcing 10 year olds to flee a state to get an abortion because she was raped is not reasonable. Forcing mothers to wait until an ectopic pregnancy has ruptured before providing abortive care just because a heartbeat is detected on an unviable fetus is not reasonable. Just this weekend the Idaho GOP moved so far as to advocate for no exceptions at all even to save the life of the mother. That's not reasonable, that's extremism. Far from this being an issue thrown to the states, now the GOP is turning toward a nationwide abortion ban if they retake the government. This is completely unsustainable and will likely tear this country apart.
- throwaway894345 4y ago> And yet, what we had was a reasonable state of affairs: there was a sliding scale between more permissive and restrictive abortion options as a pregnancy progressed, and every person could make up their minds as to whether they would seek an abortion based on their circumstances and health within those limits. The status quo was that 99% of abortions were performed in the early stages where the fetus is still not developed, with virtually none of the morally complicated late term abortions actually occurring. I probably agree with some/much of the spirit of this paragraph, but I don't think "every person could make up their minds about <ending a life>" is a reasonable state of affairs--I want it codified in law as with homicides--generally prohibited with exceptions for a few extreme cases (e.g., self-defense). I think we should also strive to avoid the problem as much as possible by minimizing unwanted pregnancy (improve access to birth control). We should also invest more in family, adoption, and foster services on the backend. I think it's totally fair to criticize pro-life people for failing to support these sorts of programs while also advocating against abortion. > What then happened is that a president elected by a minority of the country appointed extreme Justices, who were confirmed by a Senate that also represented a minority of the country, and they made a unilateral decision based more on their personal religious beliefs than the actual law. Rather than settle the issue as they thought it would, they have thrown the whole country into abject chaos. A lot of reasonable people, and in fact highly distinguished legal scholars (including decades of Justices) interpreted the Constitution as supporting Roe, so calling them unreasonable is, I think, not right and adds insult to injury. I think packing the courts is reprehensible (as were many actions of that particular president), but we need court reform to prevent this kind of abuse in general. However, I believe (though I suspect you will disagree) that this is largely an orthogonal issue--I don't believe this court acted on their personal religious beliefs, but rather I believe (as do many prominent pro-choicers, by the way) that Roe v. Wade was extremely tenuous and the proper channel for establishing abortion policy is legislative. > What is certainly unreasonable is where we have landed. State legislatures are passing the most extreme laws they can possibly can, with no exceptions for rape or incest. Forcing 10 year olds to flee a state to get an abortion because she was raped is not reasonable. Forcing mothers to wait until an ectopic pregnancy has ruptured before providing abortive care just because a heartbeat is detected on an unviable fetus is not reasonable. Just this weekend the Idaho GOP moved so far as to advocate for no exceptions at all even to save the life of the mother. That's not reasonable, that's extremism. I agree with this, but again, the answer is legislative--the Supreme Court is responsible for interpreting the Constitution, and it's eminently plausible to interpret the Constitution as being silent on abortion. We should have passed some sensible abortion legislation decades ago.