SamSpade
Well-Known Member
We knew this was coming but the torrent of commercials all say the same thing - can't elect Trump to save "women's rights" which is just their way of eupemistically saying "abortion rights".
Question : As always - what does the President have to do with securing or denying abortion rights - ESPECIALLY in the wake of Dobbs, where the decisions now squarely rest in the hands of states and state legislatures?
I've seen enough saying that electing Trump would lead to a national abortion ban - something he has repeatedly said he wouldn't be in favor of - but something he has ZERO power to enact. NO President could ban abortions nationwide, nor could they make them 100% legal everywhere. That's for CONGRESS to decide.
And the path to either, nationally - is tortuous, to put it mildly. I know of just a few:
1. Add an amendment guaranteeing it outright - or outlawing it - and that could be a very long if impossible process, espeicially if worded with poison pill language guaranteeing some states would never approve. See "Equal Rights Amendment". Outlawing it in an amendment would NEVER happen. See 21st Amendment.
2. FIND some other clause in the Constitution and have SCOTUS rule in its favor in a case brought before it - bear in mind, SCOTUS rules on cases it sees - it does not stretch forth its hand and declare law.
3. There is no number 3. Seriously.
Question : As always - what does the President have to do with securing or denying abortion rights - ESPECIALLY in the wake of Dobbs, where the decisions now squarely rest in the hands of states and state legislatures?
I've seen enough saying that electing Trump would lead to a national abortion ban - something he has repeatedly said he wouldn't be in favor of - but something he has ZERO power to enact. NO President could ban abortions nationwide, nor could they make them 100% legal everywhere. That's for CONGRESS to decide.
And the path to either, nationally - is tortuous, to put it mildly. I know of just a few:
1. Add an amendment guaranteeing it outright - or outlawing it - and that could be a very long if impossible process, espeicially if worded with poison pill language guaranteeing some states would never approve. See "Equal Rights Amendment". Outlawing it in an amendment would NEVER happen. See 21st Amendment.
2. FIND some other clause in the Constitution and have SCOTUS rule in its favor in a case brought before it - bear in mind, SCOTUS rules on cases it sees - it does not stretch forth its hand and declare law.
3. There is no number 3. Seriously.