South Dakota bans abortion

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DaiShan

Diamond Member
Jul 5, 2001
9,617
1
0
Originally posted by: 0roo0roo
a law is unjust if it tramples the rights of even one person.
Must be nice in that ivory tower of yours, what with no shades of gray or anything...
 

Fenixgoon

Lifer
Jun 30, 2003
32,866
12,128
136
Originally posted by: ILoveLamp
Originally posted by: ntdz
Originally posted by: ILoveLamp
I got an email today with an article about how a bill was passed banning abortion in South Dakota, going against Roe v. Wade and opening it all up to Supreme Court decision.

I'm so pissed and disappointed right now I can't even see straight.

Do you live in SD? Then wtf do you care?

Because this is the first step in fvcking up what women fought so hard for.

you know it takes 2 to tango. if you don't want kids that much, don't have sex or use birth control. for everyone that complains about losing abortion: you know damn full well the consequences of sex, i.e. the possibility that you may become pregnant. by engaging in sex, you accept that possibility and responsibility IMO.
 

mchammer

Diamond Member
Dec 7, 2000
3,152
0
76
Originally posted by: skimple
Originally posted by: ILoveLamp

The point is, since it's obviously unconstitutional, it could very possibly be appealed to the Supreme Court, and then all the conservatives there will have to "re-evaluate" Roe v. Wade, in other words totally take it apart, and in a few years it could be banned altogether.

You need to go back and research the legal history of abortion instead of making blanket statements that are not founded in fact or precedent.

Prior to RvW, abortion was a issue that was decided upon by each state - states are supposed to have rights, you know. What RvW did was to proclaim that a power previously reserved by the states was in violation of a clause in the Constitution that was not actually in the constitution, but was "implied" if you take certain sections out and stick them together. Therefore, the states could make no law in violation of the constitution, and abortion could no longer be prohibited by the states.

There are several fundamental legal arguments that could challenge the RvW decision:

- If a right is not explictly called out in the constitution, does it exist?
- Does the federal government have the authority to override the power of states?
- At what stage of life is a person entitled to individual rights?
- Etc.

IF the US Supreme Court ever decided to re-open the decision of the RvW case, and IF they decided that the legal arguments did not withstand scrutiny, the impact of the changes wrt a woman's "right" to an abortion would depend entirely on the where the court found a "flaw" in the previous decision.

It is entirely possible that the court could decide that it was a power which should be reserved for the states, in whihc case, each state could establish it's own laws. This could mean that all of the blue states would allow abortion, and all of the red states would prohibit abortion. But there is no way to predict the outcome without knowing the which legal arugument would be overturned.

If you really have the passion that you express, you need to spend the time to research and learn about the topic before posting emotionally charged statements that provide value to the debate.

Think - then speak.

QFT.

It seems like not too many around here are aware of how all of this actually works. In fact it is banned on paper in many states right now and has been for a long time.
 

mchammer

Diamond Member
Dec 7, 2000
3,152
0
76
Originally posted by: ElFenix
Originally posted by: ILoveLamp
Originally posted by: Schadenfreude
Eh, well you can at least drive out of state to get one then, I suppose.

btw, this thread really belongs more on the P&N forums, though.

And when they ban it in all of the US, what then? Drive to Mexico? Let some sketchy guy in a sombrero liquor you up with tequila and scrape it on out of ya? I don't think so.

And I'll put it where I want it.

at the time of roe v. wade several states had already legalized abortion, and had the court not sought to interject itself into the discussion it is quite probable that many other states, if not most, would have followed suit shortly.

QFT. The Roe decision was the best result possible for the pro-choice people unfortunately it came at the expense of sound constitutional jurisprudence and made a public consensus on the issue much harder to achieve as all legal avenues for disagreement were cut off for a long time.
 

mchammer

Diamond Member
Dec 7, 2000
3,152
0
76
Originally posted by: ElFenix
Originally posted by: IAteYourMother
imo, 3rd trimester abortions should be banned, of course with the exception of endangering the mother's life and other extreme circumstances

and roe v wade basically allows states to do that.

roe did not say that life begins at birth. instead, it implemented a trimester framework, (which itself was merely an easy proxy for what medical science could do with premature babies, at the time a baby delivered early on in the third trimester could be kept alive and nurished to health using medical technology, i have to imagine that in the last 30 years technology has improved).

in the first trimester, the state has no interest in the unborn fetus, and can make no regulation. they can't even regulate it as a medical procedure, iirc (which is why abortion costs have decreased while other medical procedure costs have increased).

in the second trimester, the state's interest increasess, and it can make some regulations.

in the third trimester, the state's interest may outweigh the mother's if the mother's health isn't at risk, etc. at that point the state may regulate abortion-as-birth-control to its fullest extent.

This has been changed now by Planned Parenthood v. Casey in 1992. It allows some first trimester restrictions provided they do not constitute an "undue burden". Also it says there must always be a health exception available, and what affects a women's health is undefined, so given a willing provider any reason can be used. In fact there is a clinic in I think Idaho which specializes in third term procedures and performs hundreds per year. Look up Emmit Tiller if you are interested.
 

RKS

Diamond Member
Oct 9, 1999
6,824
3
81
SD will have a Constitution fight in order to pass any anti-abortion legislation.

Under substantive due process we are provided fundamental rights which must pass a 'strict scrutiny standard' in order to be overturned by the SC.

These fundamental rights include the right to vote, travel from state to state, and privacy. Under Privacy are the right to contraception, abortion, marriage, pro-creation, education, and relationships. While states may not prohibit abortion they can regulate it as long as they do not create an undue burden on the right to obtain an abortion.

What is an undue burden, well your state will decide that and then the SC. If you have standing then you can challenge it but in order to overturn any of these set of rights the state will have to prove that the regulation is necessary (no restrictive alternative means exist) to a achieve a compelling state interest.

BTW I agree on banning abortion-related threads or atleast confine them to P&N.
 

DAGTA

Diamond Member
Oct 9, 1999
8,172
1
0
Originally posted by: ILoveLamp
Originally posted by: Schadenfreude
Eh, well you can at least drive out of state to get one then, I suppose.

btw, this thread really belongs more on the P&N forums, though.

And when they ban it in all of the US, what then? Drive to Mexico? Let some sketchy guy in a sombrero liquor you up with tequila and scrape it on out of ya? I don't think so.

And I'll put it where I want it.


Be responsible enough to use a form of birth control other than abortion?
 

Wheezer

Diamond Member
Nov 2, 1999
6,731
1
81
Originally posted by: Fenixgoon
Originally posted by: ILoveLamp
Originally posted by: ntdz
Originally posted by: ILoveLamp
I got an email today with an article about how a bill was passed banning abortion in South Dakota, going against Roe v. Wade and opening it all up to Supreme Court decision.

I'm so pissed and disappointed right now I can't even see straight.

Do you live in SD? Then wtf do you care?

Because this is the first step in fvcking up what women fought so hard for.

you know it takes 2 to tango. if you don't want kids that much, don't have sex or use birth control. for everyone that complains about losing abortion: you know damn full well the consequences of sex, i.e. the possibility that you may become pregnant. by engaging in sex, you accept that possibility and responsibility IMO.


you keep that in mind next time you hear about any young girl or woman getting raped and knocked up because of it (if she is lucky that is the worst result, and hopefully it is not anyone you know or are related to) and remember your "it takes two to tango" ideaology.
 

mwtgg

Lifer
Dec 6, 2001
10,491
0
0
Roe v. Wade should be repealed so the states can deal with it. It's none of the federal government's business.

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
 

mchammer

Diamond Member
Dec 7, 2000
3,152
0
76
Originally posted by: RKS
SD will have a Constitution fight in order to pass any anti-abortion legislation.

Under substantive due process we are provided fundamental rights which must pass a 'strict scrutiny standard' in order to be overturned by the SC.

These fundamental rights include the right to vote, travel from state to state, and privacy. Under Privacy are the right to contraception, abortion, marriage, pro-creation, education, and relationships. While states may not prohibit abortion they can regulate it as long as they do not create an undue burden on the right to obtain an abortion.

What is an undue burden, well your state will decide that and then the SC. If you have standing then you can challenge it but in order to overturn any of these set of rights the state will have to prove that the regulation is necessary (no restrictive alternative means exist) to a achieve a compelling state interest.

BTW I agree on banning abortion-related threads or atleast confine them to P&N.

That is all of that "Penumbra" bs.
 

engineereeyore

Platinum Member
Jul 23, 2005
2,070
0
0
I think it would have been better if they would have been able to make exceptions for rape and incest victums. Not sure how I feel about it without those exceptions.
 

RKS

Diamond Member
Oct 9, 1999
6,824
3
81
Originally posted by: mwtgg
Roe v. Wade should be repealed so the states can deal with it. It's none of the federal government's business.

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."


I am all for a real Federalist government and would love to see a small Federal gov and the states regain the autonomy that was envisioned.

Even though you quote is correct, the SC has found the right to privacy and subsequently abortion a fundamental right gauranteed by the Constitution and therefore a federal not state issue.
 

mugs

Lifer
Apr 29, 2003
48,920
46
91
Originally posted by: ILoveLamp
Originally posted by: Schadenfreude
Eh, well you can at least drive out of state to get one then, I suppose.

btw, this thread really belongs more on the P&N forums, though.

And when they ban it in all of the US, what then? Drive to Mexico? Let some sketchy guy in a sombrero liquor you up with tequila and scrape it on out of ya? I don't think so.

And I'll put it where I want it.

Normally I don't mind seeing the occassional thread relating to politics in OT, but you're just being an asshole.
 

mchammer

Diamond Member
Dec 7, 2000
3,152
0
76
Originally posted by: RKS
Originally posted by: mwtgg
Roe v. Wade should be repealed so the states can deal with it. It's none of the federal government's business.

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."


I am all for a real Federalist government and would love to see a small Federal gov and the states regain the autonomy that was envisioned.

Even though you quote is correct, the SC has found the right to privacy and subsequently abortion a fundamental right gauranteed by the Constitution and therefore a federal not state issue.

Where this type of thing has left us is that they can now "find" almost anything they want in the Constitution. Many of the justices even support citing international law in thier decisions regarding the US Constituiton.

 

thecoolnessrune

Diamond Member
Jun 8, 2005
9,673
583
126
w00t! yay for anti abortion. I dont plan for anyone to see this anyways and i certainly font intent to keep watching this. But yay for anti-abortion!
 

blackangst1

Lifer
Feb 23, 2005
22,902
2,359
126
All this talk of "It's my body it's my choice" is BS. If you firmly beleive that, then dont come running to us men for child support. YOUR body, YOUR choice, YOUR kid. End of story. If we choose not to participate in the pregnancy, leave us alone. YOUR choice, right? Good. Then live with it.
 

RKS

Diamond Member
Oct 9, 1999
6,824
3
81
Originally posted by: mchammer
Originally posted by: RKS
Originally posted by: mwtgg
Roe v. Wade should be repealed so the states can deal with it. It's none of the federal government's business.

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."


I am all for a real Federalist government and would love to see a small Federal gov and the states regain the autonomy that was envisioned.

Even though you quote is correct, the SC has found the right to privacy and subsequently abortion a fundamental right gauranteed by the Constitution and therefore a federal not state issue.

Where this type of thing has left us is that they can now "find" almost anything they want in the Constitution. Many of the justices even support citing international law in thier decisions regarding the US Constituiton.

yup, everything is about interpretation.

that is why there is such a big battle for SC justices. Anyone with any interest can usually guess how each justice will vote on a particular matter.
They already know how they are going to vote then it is just a matter of having a clerk write a mega-paged opinion and (mostly) dicta.

 

mwtgg

Lifer
Dec 6, 2001
10,491
0
0
Originally posted by: RKS
Originally posted by: mwtgg
Roe v. Wade should be repealed so the states can deal with it. It's none of the federal government's business.

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."


I am all for a real Federalist government and would love to see a small Federal gov and the states regain the autonomy that was envisioned.

Even though you quote is correct, the SC has found the right to privacy and subsequently abortion a fundamental right gauranteed by the Constitution and therefore a federal not state issue.

And I think the USSC made a boo-boo. Fair enough?
 

RKS

Diamond Member
Oct 9, 1999
6,824
3
81
Originally posted by: mwtgg
Originally posted by: RKS
Originally posted by: mwtgg
Roe v. Wade should be repealed so the states can deal with it. It's none of the federal government's business.

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."


I am all for a real Federalist government and would love to see a small Federal gov and the states regain the autonomy that was envisioned.

Even though you quote is correct, the SC has found the right to privacy and subsequently abortion a fundamental right gauranteed by the Constitution and therefore a federal not state issue.

And I think the USSC made a boo-boo. Fair enough?

not the 1st or last.

 

blackangst1

Lifer
Feb 23, 2005
22,902
2,359
126
Originally posted by: eakers
wow, that is a huge step backwards for women's rights in the United States.

With George Bush's agenda I wouldn't be surprised if this did become law everywhere eventually. Remember how 2001 they stopped funding any clinics wether they did abortions or not if they gave any advice to pregnant women on the subject of abortion other than "don't do it".

Goerge Bush's agenda? And what exactly would THAT be? And since when did a sitting president factor into what states do? You are sorely illusioned.
 

tRaptor

Golden Member
Jul 31, 2002
1,227
1
0
Originally posted by: Soccerman06
People actually like in South Dakota? I thought it was a wasteland, oh wait it is.

They should force abortion there, who needs inbreed hicks who do their relatives.

We make the food so people like you can eat.

EDIT: Oh and as far as the "inbred hicks who do their relatives" you are confusing us with the deep south. That crap does not fly here.
 

hellokeith

Golden Member
Nov 12, 2004
1,664
0
0
Originally posted by: engineereeyore
I think it would have been better if they would have been able to make exceptions for rape and incest victums. Not sure how I feel about it without those exceptions.

The environment prior to conception makes no difference to the unborn child.
 

0roo0roo

No Lifer
Sep 21, 2002
64,795
84
91
Originally posted by: hellokeith
Originally posted by: engineereeyore
I think it would have been better if they would have been able to make exceptions for rape and incest victums. Not sure how I feel about it without those exceptions.

The environment prior to conception makes no difference to the unborn child.

thats right, even if the mother dies it doesn't matter.


Originally posted by: DaiShan
Originally posted by: 0roo0roo
a law is unjust if it tramples the rights of even one person.
Must be nice in that ivory tower of yours, what with no shades of gray or anything...


wow you got it backwards, thats the anti choice problem
 
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