Texas Law Banning Abortion After About Six Weeks Takes Effect

[pearl]

It almost sounds as if you are saying that they will overturn Roe v. Wade. The only way that they can "turn it over to the states" would be to reverse that ruling.

I think it would be the Court's way of washing their hands of it, passing it on to the individual states. Before Roe V Wade there were 2 states, Ca and NY that allowed abortion.

 

[Subduction Zone]

I think it would be the Court's way of washing their hands of it, passing it on to the individual states. Before Roe V Wade there were 2 states, Ca and NY that allowed abortion.

Then you are essentially contradicting your earlier posts. For example this quote:

"I suppose that knowing Roe V Wade will be heard in the upcoming term why bother with the Texas legislature, it will probably become a moot issue."

The only way it would be a "moot issue" would be if they upheld Roe v. Wade. That would render the Texas law moot.

Or this quote here:

"An appeals court judge struck down the Texas law as unconstitutional which I'm sure will be appealed to the SCOTUS. Even with the heavily conservative Court I think the issue will ultimately be handed over to the states."

You essentially were on both sides of the issue. You put the qualifier "Even with the heavily conservative Court" as if they would do the opposite of what a court loaded with "conservatives" would do. The anti-abortion crowd wants an activist court in this. It is loaded with conservative judges that might vote that way. But then in the same post you said that they would overturn when you implied that they would not.

 

[pearl]

The only way it would be a "moot issue" would be if they upheld Roe v. Wade. That would render the Texas law moot.

They simply refused to 'hear' it, thereby letting the Texas law stand.

Even with the heavily conservative Court I think the issue will ultimately be handed over to the states."

I used the example of the very conservative Justice Scalia, who stated he would not vote to abolish Roe V Wade, but return the issue to the states.

Food for thought; the makeup of the original Roe v Wade Court;

• Harry Blackmun (Nixon, R)
• Warren Burger (Nixon, R)
• William Douglas (FDR, D)
• William Brennan (Eisenhower, R)
• Potter Stewart (Eisenhower, R)
• Thurgood Marshall (LBJ, D)
• Lewis Powell (Nixon, R)

A Supreme Court dominated by Republican-nominated justices produced Roe vs. Wade.

Those dissenting on Roe vs. Wade — only two – and both were not Republican-president-nominated to the Court:

• Byron White (Kennedy, D)
• William Rehnquist (Nixon, R; chief justice under Reagan, R)

 

[Subduction Zone]

They simply refused to 'hear' it, thereby letting the Texas law stand.



I used the example of the very conservative Justice Scalia, who stated he would not vote to abolish Roe V Wade, but return the issue to the states.

Food for thought; the makeup of the original Roe v Wade Court;

• Harry Blackmun (Nixon, R)
• Warren Burger (Nixon, R)
• William Douglas (FDR, D)
• William Brennan (Eisenhower, R)
• Potter Stewart (Eisenhower, R)
• Thurgood Marshall (LBJ, D)
• Lewis Powell (Nixon, R)

A Supreme Court dominated by Republican-nominated justices produced Roe vs. Wade.

Those dissenting on Roe vs. Wade — only two – and both were not Republican-president-nominated to the Court:

• 
  
  
  • Byron White (Kennedy, D)
  • William Rehnquist (Nixon, R; chief justice under Reagan, R)

If they refuse to hear it the decision of the lower court will still be in effect. As to the make up of the Roe v. Wade Supreme Court. the Republicans were not almost exclusively anti-abortion at that time and the Democrats were not all pro-choice. That happened later. That means the party make up is a big "So what?"

And you were quite incorrect about abortion laws before Roe vs. Wade. 30 states had abortion illegal. 20 states had it legal in varying degrees. New York was a early forerunner, but they+
and California were far from the only state where one could get a legal abortion on demand:

https://en.wikipedia.org/wiki/Abort...o Roe v.,New York allowed abortions generally.

 

[metis]

Even with the heavily conservative Court I think the issue will ultimately be handed over to the states.

But that would involve the SCOTUS avoiding the main issue, so I have doubts about that.

The only way that they can "turn it over to the states" would be to reverse that ruling.

Exactly.

However, with this right-leaning Court, I don't put anything past it.

 

[Subduction Zone]

But that would involve the SCOTUS avoiding the main issue, so I have doubts about that.

Exactly.

However, with this right-leaning Court, I don't put anything past it.

I am hoping that they wont'. But you are right. We may take a giant step backwards due to Trump.

 

[Kooky]

Those dissenting on Roe vs. Wade — only two – and both were not Republican-president-nominated to the Court:

• 
  
  
  • Byron White (Kennedy, D)
  • William Rehnquist (Nixon, R; chief justice under Reagan, R)

Nixon wasn't a Republican president?

 

[Subduction Zone]

Nixon wasn't a Republican president?

He thought that politics does not matter, but did not realize that abortion was not a Republican platform piece at that time. The Republicans did some very good things until they applied the Southern Strategy.

 

[Sand Dancer]

They simply refused to 'hear' it, thereby letting the Texas law stand.



I used the example of the very conservative Justice Scalia, who stated he would not vote to abolish Roe V Wade, but return the issue to the states.

Food for thought; the makeup of the original Roe v Wade Court;

• Harry Blackmun (Nixon, R)
• Warren Burger (Nixon, R)
• William Douglas (FDR, D)
• William Brennan (Eisenhower, R)
• Potter Stewart (Eisenhower, R)
• Thurgood Marshall (LBJ, D)
• Lewis Powell (Nixon, R)

A Supreme Court dominated by Republican-nominated justices produced Roe vs. Wade.

Those dissenting on Roe vs. Wade — only two – and both were not Republican-president-nominated to the Court:

• 
  
  
  • Byron White (Kennedy, D)
  • William Rehnquist (Nixon, R; chief justice under Reagan, R)

I think we all know that the GOP is not the same party as it was then. It used to be a decent party until it married the religious right.

 

[Shadow Wolf]

I am hoping that they wont'. But you are right. We may take a giant step backwards due to Trump.

Place blame where it lies. It wouldn't have come to this had Reps given Obama his rightful appointment, nor had they turned hypocrite during Trump.
But I'm not fooling myself. McCain saod they'd indefinitely block appointments if Hillary won. The Reps, not Trump, are to blame for this sham.