Supreme Court overturning Roe v Wade?

I am not a lawyer either, and I agree we probably owe women "A long over due recognition of half the citizenry." However I am not sure the Constitution is the place to do that. Amendments should be substantive not symbolic.

"The caprice of the court to decided in certain circumstances to apply laws differently. It removes that option." A very good reason for an amendment, but as a non-lawyer I don't know how true or useful that would be.

It would help to have some discussion and legally based opinions on the issue, ones focusing on how this amendment would make substantive and positive changes.

I am all for women's rights, as I hope are most people, that is not the reason I am a bit ambivalent on this issue. I did support the ERA back when it was first put forward, and with the right reasons would again.
I have an old eugenics book that makes a case for teaching women birth control so they will be willing to have sex with their husbands and stop sending them to prostitutes where disease is a serious problem. I thought that was an interesting point of view and was horrified that in many places it was against the law to teach birth control methods.

I was a virgin until marriage because I was raised by a single mom. My parents were divorced and when my mother moved us to Hollywood, California, my father did not have to pay child support. I learned poverty is constant insecurity. We were lucky that Hollywood, California had a daycare center for children that charged on a sliding scale. It is cruel and insane to deny women abortions and at the same time deny them assistance. If there is no abortion option, there is no sexual freedom.

How about a law that makes it a crime for a man to get a woman pregnant without marriage with guaranteed incarceration? That would kind of equalize the risk and make being sexual as dangerous for men as it is for women.
 
Supreme Court has voted to overturn abortion rights, draft opinion shows - POLITICO

This hasn't happened yet, but the Supreme Court seems to be indicating that that is what they are planning. It sounds to me like this would end Federal protection of abortion rights, but each state would have to vote (probably continuously) on whether it is legal. The predictable result would be that women seeking abortion would have to travel to the states where it is still legal. This would mainly affect those who are too poor to travel.

Do you think this will ever happen, or will some of the justices change their minds?
As I said elsewhere in this thread, I think overturning Roe vs Wade is a terrible idea. I have also put forth in this thread the idea of mandatory abortions/sterilizations for both women and men. In my mind, it is a matter of situational ethics. I respect a woman's right to choose. That being said, some 45 years ago I knew a woman who was pregnant with her seventh child under the age of 8. She admitted to me that for each child, she was given a substantial increase in her government welfare check. The first six children received poor care, little supervision, displayed serious emotional problems, and the four youngest in diapers had horrible diaper rashes spreading towards their knees. I ended up reporting her for child neglect. As far as I know, nothing came of it. Jump forward to the year 2020 and learn of a man who has impregnated five different women at the same time. (I knew the mothers of two of them). The vasectomy wasn't what I really thought this punk deserved. There you have the basis of my diverse opinions on the same subject. Rocks expected.
 

Interesting. For how many centuries do you think the original US constitution should stand?
The Brits no longer think that the Magna Carta is a document for all time.
It was important once but would be useless today.
How many centuries? Our Constitution should stand until it is amended in part or in whole.

"The authority to amend the Constitution of the United States is derived from Article V of the Constitution." ...
"The Constitution provides that an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures. None of the 27 amendments to the Constitution have been proposed by constitutional convention. The Congress proposes an amendment in the form of a joint resolution. Since the President does not have a constitutional role in the amendment process, the joint resolution does not go to the White House for signature or approval." Etc. https://www.archives.gov/federal-register/constitution

OK with you? And by the way, if you have an example of a shining pinnacle of democracy that you believe would be a superior replacement for our current form of old white man government, please share.
 
So far as I can see the Constitution does not contain either the word men or man. It says people and persons. Did not see the words women or woman either.

https://constitutioncenter.org/interactive-constitution/full-text
True. It didn't need to because sexism was so endemic and pervasive that it didn't dawn on them to specifically exclude women from enjoying many of the same rights as men.

Cripes, it wasn't until 1974 that women could obtain credit without a male cosigner. My father had to co-sign my first credit card application but not my brother's. Both of us were single, over 21, and gainfully employed with more than adequate income to qualify.

The 14th Amendment (post Civil War citizenship amendment) does specify "male" citizens and inhabitants.

Women were not legally granted federal voting rights in the US until 1919 so they went without representation from 1776 -1919.
 
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It's estimated that 25% of American women have had an abortion, though few acknowledge it publicly because of the stigma. Also it's none of anyone's business.

To Americans reading this post, I can say with fair certainty that one of the following has had an abortion: you, your sig other, a sister, cousin, or close friend has surely had one. You might not even know about it because that girl/woman's life chugged right along...
You are probably right ..... not all keep chugging along though ....

i KNOW a few and they are haunted by what ifs and other thoughts.....they know how old would that person be now / what would they look like
one person because a poorly done at one at the biggest provider of services ........... could never have a child again..
so many options long term ones as well in birth control are downplayed .... girls/ women want to complain about side effects and such but no one seems to talk about those who did not find the Abortion as the happy liberating experience some women have said it was for them

no one responds to the situation the SAME way and i find it insulting that so many think everyone Celebrates that decision .... simply put some do not .....
 
Abortion and gender politics are 2 controversial areas I purposely remain relatively ignorant about and do not advocate any positions including the Roe vs Wade issue. What I am critical about are cultural attitudes of many with little self control that have unprotected sex that drives both abortions and sexually transmitted diseases, especially those of many men that behave like it isn't their responsibility with many annoyed if a woman brings up the matter during the heat of passion. Saw a stat that a jaw dropping 67% of college age women didn't have protection the last time they had sex.

https://web.archive.org/web/2008031...ttmacher.org/in-the-know/characteristics.html
snippet:


What racial or ethnic group has the highest abortion rate?

The overall abortion rate is 21 per 1,000 U.S. women (i.e., each year 2.1% of all women of reproductive age have an abortion). Black and Hispanic women have higher abortion rates than non-Hispanic white women do. (The rates are 49 per 1,000 and 33 per 1,000 among black and Hispanic women, respectively, vs. 13 per 1,000 among non-Hispanic white women. Black and Hispanic women have higher abortion rates primarily because they have higher rates of unintended pregnancy.

What are the trends in the characteristics of women having abortions?

Over time, women having abortions have become increasingly likely to be poor, nonwhite and unmarried, and to already have one or more children.

Why do women have abortions?

Most U.S. women cite more than one factor contributing to their decision to have an abortion: Almost three-quarters say that having a baby would interfere with work, school or other responsibilities; about three-quarters say they cannot afford to have a child; and almost half say they do not want to be a single parent or are having problems with their husband or partner.
 
You are probably right ..... not all keep chugging along though ....

i KNOW a few and they are haunted by what ifs and other thoughts.....they know how old would that person be now / what would they look like
one person because a poorly done at one at the biggest provider of services ........... could never have a child again..
so many options long term ones as well in birth control are downplayed .... girls/ women want to complain about side effects and such but no one seems to talk about those who did not find the Abortion as the happy liberating experience some women have said it was for them

no one responds to the situation the SAME way and i find it insulting that so many think everyone Celebrates that decision .... simply put some do not .....
Of course there are some who regret the decision, but the vast majority apparently do not. I was referring to those who don't as women whose lives keep chugging along.

I don't know a single person who'd characterize an abortion as a "happy liberating experience." Most women who've had an abortion consider it to be the least terrible of the options that were in front of them.

Agreed that birth control medications and devices are far from perfect. Unpleasant side effects are widely known and well documented.
 
True. It didn't need to because sexism was so endemic and pervasive that it didn't dawn on them to specifically exclude women from enjoying many of the same rights as men.
Actually I think it did both providing rights to women and denying. However knowing that giving women equal rights would not lead to general acceptance of the Constitution the founding fathers chose to use the more gender neutral terms persons and people.

That left the door open to legislative changes down the road giving women more rights without the need to amend the Constitution. Far from a fair solution, but probably the best that could have been expected in that day and age.

Same can be said for slavery, the Constitution is also mostly silent on it too.
 
So far as I can see the Constitution does not contain either the word men or man. It says people and persons. Did not see the words women or woman either.

https://constitutioncenter.org/interactive-constitution/full-text
"No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen. "

"Passed by Congress June 4, 1919, and ratified on August 18, 1920, the 19th amendment granted women the right to vote. The 19th amendment legally guarantees American women the right to vote. Achieving this milestone required a lengthy and difficult struggle—victory took decades of agitation and protest." (https://www.archives.gov/milestone-documents/19th-amendment#:~:text=Passed by Congress June 4,decades of agitation and protest.)

"Even before women could vote, women ran for elected office—including president. Almost 50 years before the 19th Amendment was ratified, stockbroker and newspaper publisher Victoria Woodhull became the first woman to run for president in 1872 under the Equal Rights Party ticket. Despite questions about their eligibility to vote, she reasoned women could still could run for political office. A lawyer who was the first woman to argue before the U.S. Supreme Court, Belva Lockwood followed shortly in 1884, endorsing equal rights, temperance, civil service reform, and citizenship for Native Americans. Lockwood’s name was the first to be printed on a presidential ballot, and she won around 4,000 votes—an astounding figure when we consider that Lockwood herself could not even vote." https://www.nyhistory.org/blogs/a-brief-history-of-women-running-for-political-office
 
Of course there are some who regret the decision, but the vast majority apparently do not. I was referring to those who don't as women whose lives keep chugging along.

I don't know a single person who'd characterize an abortion as a "happy liberating experience." Most women who've had an abortion consider it to be the least terrible of the options that were in front of them.

Agreed that birth control medications and devices are far from perfect. Unpleasant side effects are widely known and well documented.
Abortion has many more aspects then what is always brought up...

Birth control is only effective when taken or used properly and many simply Do NOT .... or insert excuse of why they do not use correctly
plenty of long term implants up to 5 years and can be removed ....
MANY posts in this thread suggest males have surgery............ that may or may not be reversible.......... but not much talk promoting of long term reversible female options .

as for the characterization of being a happy liberating thing that was what an actress ( think her name is Busy Phillips) said regarding her experience
and a large group often compares this procedure with a ........"simple teeth cleaning.
That statement IMO clearly signals that many do not look at the situation as a whole ....

where do you get stats that show the vast majority ?
because of the few women (5) that i know i have found my small sampling shared a completely opposite experience ...
just an aspect i see often NOT discussed.

as stated in your #336 post MOST do not share or talk about it ........ if you ever do get a discussion going the reality is NOT what media portrays .....
 
Actually I think it did both providing rights to women and denying. However knowing that giving women equal rights would not lead to general acceptance of the Constitution the founding fathers chose to use the more gender neutral terms persons and people.

That left the door open to legislative changes down the road giving women more rights without the need to amend the Constitution. Far from a fair solution, but probably the best that could have been expected in that day and age.

Same can be said for slavery, the Constitution is also mostly silent on it too.
When the Constitution was written, married women were considered to be the property of their husbands', it was legal to own slaves, evolution was not yet proven or accepted widely as fact. It was wise for our Founding Fathers to not include those things in our Constitution (except for the slavery thing). But to look to the original intentions when the Constitution was written, while that works most of the time, in some cases, we need to look at the context.

Two things our Founders got right that apply in abortion rights:
  • The 1st Amendment, which put up a wall between Church and State
  • The Due Process Clause of the Fourteenth Amendment to the United States Constitution provides a "right to privacy"
All anti-abortion laws are rooted in religious beliefs, so that makes them unConstitutional
The 14th Amendment keeps abortion between a woman and her doctor, so that makes anti-abortion laws unConstitutional.

The argument that a fetus is a person is purely subjective and generally based on religion, so that's out as an anti-abortion argument.

That's my perspective, anyway. Anybody feel free to offer counter arguments.
 
State for which he shall be chosen.
Thanks Em, good find. After you posted I searched and found the word "he" occurs 25 times in the Constitution, in similar contexts.

I am however thinking that the pronoun "he" has been interpreted as covering both men and women. I don't know of an amendment that alters or reverses those words and a lot of women have been elected Senators, to Congress, and now a Vice President. The 19th amendment only gives women the right to vote, not hold office.
 
How many centuries? Our Constitution should stand until it is amended in part or in whole.

"The authority to amend the Constitution of the United States is derived from Article V of the Constitution." ...
"The Constitution provides that an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures. None of the 27 amendments to the Constitution have been proposed by constitutional convention. The Congress proposes an amendment in the form of a joint resolution. Since the President does not have a constitutional role in the amendment process, the joint resolution does not go to the White House for signature or approval." Etc. https://www.archives.gov/federal-register/constitution

OK with you? And by the way, if you have an example of a shining pinnacle of democracy that you believe would be a superior replacement for our current form of old white man government, please share.
We have a similar constitution to US but our method of amendment is different. A question is put directly to the people in the form "Do you approve of an amendment of the constitution to..." The intention of the amendment and the wording is circulated. The question is put to a vote at the same time as we are voting for a federal election. Since voting is mandatory everyone gets a say about the amendment. It is a Yes/No question.

For the amendment to pass requires a majority vote overall plus a majority vote in a majority of states - in our case that means 4 out of 6 states. Once that standard is met, the amendment passes. If not, the constitution remains as is.

This is about as democratic as you can get. The next amendment we will be asked to vote on with be the question of becoming a republic, most likely after the Queen dies. This is a big one to consider and one that the people should decide, not the politicians.
 
Since the Constitution never mentions abortion nor the right to privacy, I think it would be wise to eliminate this Roe vs. Wade matter entirely and leave it up to the woman and her doctor. A woman I know who had an abortion, wrestled with her conscience to the point of madness. She consulted her clergyman who of course denounced even so much as one word about it. She talked to someone in law enforcement who nearly frightened her to death. Her husband turned a deaf ear to it all. A wise psychologist colleague heard about this and convinced her to discuss it solely with her physician from that point on. She finally did go ahead with it, but was tortured with the thoughts of mortal sin ever after. Now, no woman should have to go through all this. Thus, with no original law regarding the issue, from here on out, simply speak with your physician as to what course of action to follow. There are many ramifications involved in such decision making and sometimes it is a necessity to have the procedure even if the woman is reluctant to do so. A professional medical doctor is the one who can lay out all the pros and cons and allow a patient to follow the guidelines. There doesn't have to be a national or even a local law for everything. Just medical reasons, psychological and good common sense.
 
Thanks Em, good find. After you posted I searched and found the word "he" occurs 25 times in the Constitution, in similar contexts.

I am however thinking that the pronoun "he" has been interpreted as covering both men and women. I don't know of an amendment that alters or reverses those words and a lot of women have been elected Senators, to Congress, and now a Vice President. The 19th amendment only gives women the right to vote, not hold office.
Today's Statutory Construction is, he also means she.

...words importing the masculine gender include the feminine as well...

https://www.law.cornell.edu/uscode/text/1/1
 
My aunt sent me this..................
"
Taken from a friend but on this day it seems it needs to be posted.
I'm not pro-murdering babies.
I'm pro-Becky who found out at her 20-week anatomy scan that the infant she had been so excited to bring into this world had developed without life sustaining organs.
I'm pro-Susan who was sexually assaulted on her way home from work, only to come to the horrific realization that her assailant planted his seed in her when she got a positive pregnancy test result a month later.
I'm pro-Theresa who hemorrhaged due to a placental abruption, causing her parents, spouse, and children to have to make the impossible decision on whether to save her or her unborn child.
I'm pro-little Cathy who had her innocence ripped away from her by someone she should have been able to trust and her 11-year-old body isn't mature enough to bear the consequence of that betrayal.
I'm pro-Melissa who's working two jobs just to make ends meet and has to choose between bringing another child into poverty or feeding the children she already has because her spouse walked out on her.
I'm pro-Brittany who realizes that she is in no way financially, emotionally, or physically able to raise a child.
I'm pro-Emily who went through IVF, ending up with SIX viable implanted eggs requiring selective reduction to ensure the safety of her and a SAFE number of fetuses.
I'm pro-Jessica who is FINALLY getting the strength to get away from her physically abusive spouse only to find out that she is carrying the monster's child.
I'm pro-Vanessa who went into her confirmation appointment after YEARS of trying to conceive only to hear silence where there should be a heartbeat.
I'm pro-Lindsay who lost her virginity in her sophomore year with a broken condom and now has to choose whether to be a teenage mom or just a teenager.
I'm pro-Courtney who just found out she's already 13 weeks along, but the egg never made it out of her fallopian tube so either she terminates the pregnancy or risks dying from internal bleeding.
You can argue and say that I'm pro-choice all you want, but the truth is:
I'm pro-life.
Their lives.
Women's lives.
You don't get to pick and choose which scenarios should be accepted.
It's not about which stories you don't agree with. It's about fighting for the women in the stories that you do agree with and the CHOICE that was made.
Women's rights are meant to protect ALL women, regardless of their situation!"
 
Today's Statutory Construction is, he also means she.

...words importing the masculine gender include the feminine as well...

https://www.law.cornell.edu/uscode/text/1/1
This is irrelevant to the conversation and just a more recent interpretation to calm dissent from the other 50-plus percent of the population who were negligently (and intentionally) disregarded from the start. "He" "him" "his" meant "male."
 


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