n0n1m0us3
why so serious
Where and when is the next meeting?
You know I can't divulge that info on a public forum.
Where and when is the next meeting?
As for the apply strict scrutiny--protecting human life is ALWAYS, ALWAYS a compelling state interest and there is no way to protect the life itself with being able to ban abortions. Whether the fetus is viable (can live on its own without its mother is interesting to analyze legally) but lots of people without medicine and breathing tanks would die yet obviously the state still has an interest an protecting their safety. I don't like the three trisemster division by the court. I just feel that to me its clear the state has a compelling interest in protecting the fetus from conception.
Isn't that the crux of the legal issue though (at least, preliminarily, and in a way that sets the ground rules for the legal consideration) - whether an embryo or fetus is a human life rather than merely "the potentiality of human life"? I'm not suggesting that it isn't, but when it comes to considering the matter, isn't assuming that all embryos and fetuses are life just begging the question?
I think it's safe to say that, to the extent they are clearly regarded legally as human life, there would be a compelling government interest in protecting that life which is, in the vast majority of cases, sufficient to overcome the appreciated privacy right. If the Roe majority had specifically found that embryos and fetuses were human lives, in the same way legally that the born are, the result would have been much different I think.
That's the crux of the problem even with just the legal consideration of the issue, let alone a particular conclusion. That question - whether an embryo (especially) or a fetus is a human life - isn't, by its nature, a legal one. It's a philosophical one, maybe a moral one. If there's to be an objective answer, perhaps a medical one. Whatever, but it isn't really a legal question. Yet, at the same time, in our society, it has to be.
If that's a separate human life that a woman is carrying around in her belly, she doesn't have a right to murder it, except in self-defense. She certainly doesn't have the right to murder it after it's capable of surviving without her. On the other hand, if it isn't a separate human life, she has a pretty strong right to do what she wants with her body. That's the conundrum the Supreme Court faced. Pretend though we might that the legal issue is simple, it is not - because it isn't a legal issue at all, just one demanding that it be treated as one. If anything, the Supreme Court should be criticized for skirting that question somewhat - but, had it not, I suspect the controversy would be even sharper and its 'talk past each other' tone would be in even greater force.
I was forced to check No, but I generally disagree with it, Now I know that leaves me open to a charge of hypocrisy, because how can I disagree with something I never read?
I am going to have to disagree with your analysis of the case there. The court had earlier said there was privacy right, but the case decided whether abortions were included within that privacy right. Roe v. Wade wasn't about debating whether there was a privacy right and then just assume abortions fell under that right. Rather the case dealt with abortions and whether that could fall under the fundamental right to privacy.
Second, the application of strict scrutiny focused solely on the basics of abortions, hence the different rules for the trimesters. Roe v. Wade for example, said states could prohibit abortions once the baby is viable (the moment where it could live on its own even with the help of machines if it was taken out of its mother) and said that for purposes of clarity it would be assumed that a fetus in the third trimester could survive on its own.
Isn't that the crux of the legal issue though (at least, preliminarily, and in a way that sets the ground rules for the legal consideration) - whether an embryo or fetus is a human life rather than merely "the potentiality of human life"? I'm not suggesting that it isn't, but when it comes to considering the matter, isn't assuming that all embryos and fetuses are life just begging the question?
I think it's safe to say that, to the extent they are clearly regarded legally as human life, there would be a compelling government interest in protecting that life which is, in the vast majority of cases, sufficient to overcome the appreciated privacy right. If the Roe majority had specifically found that embryos and fetuses were human lives, in the same way legally that the born are, the result would have been much different I think.
That's the crux of the problem even with just the legal consideration of the issue, let alone a particular conclusion. That question - whether an embryo (especially) or a fetus is a human life - isn't, by its nature, a legal one. It's a philosophical one, maybe a moral one. If there's to be an objective answer, perhaps a medical one. Whatever, but it isn't really a legal question. Yet, at the same time, in our society, it has to be.
If that's a separate human life that a woman is carrying around in her belly, she doesn't have a right to murder it, except in self-defense. She certainly doesn't have the right to murder it after it's capable of surviving without her. On the other hand, if it isn't a separate human life, she has a pretty strong right to do what she wants with her body. That's the conundrum the Supreme Court faced. Pretend though we might that the legal issue is simple, it is not - because it isn't a legal issue at all, just one demanding that it be treated as one. If anything, the Supreme Court should be most criticized for skirting that question somewhat - but, had it not, I suspect the controversy would be even sharper and its 'talk past each other' tone would be in even greater force.
Read excerpts and generally disagree with it.
Roe v. Wade makes an official joke of the constitution and has been the backbone for every politician since who basically takes the oath and then proceeds to piss all over it.
Roe = What should we make up this week?
How about an option for just a simple "No"? I can't agree or disagree with the decision since I haven't read it. :shrug:
Do you really think Roe is the backbone for that phenomenon, or just one of many pillars supporting it (and not, by any means, the original one)?
There have been many 'if you don't like the required result, just make stuff up' precedents. I think Slaughterhouse could more readily be described thusly than Roe, and it's from the 19th Century.
Here is a question; what would the court have said, which is to say, what SHOULD the court have said, based on Roe, in response to a federal law of the day allowing abortion under any circumstance? What should it have said to a federal law banning abortion under any circumstance?
Obviously, you have to guess at what the details of such laws might have said but, that's half the fun, like arguing what the '78 Steelers and '89 49'ers would have given us in a mythical game.
Roe is constructed, in my view, on the premise of privacy; if an abortion is chosen, it is no ones business. It is not settled on the legality of the procedure of abortion itself. By the same argument, one can use drugs, engage in prostitution, you name it, because the act is not commented on per the court; only the right to privacy to do as one pleases.
Now, the act of discussing prostitution is illegal as is the act itself. The possession of drugs is illegal as is the consumption. Right?
So, Roe throws up the basic premise for much of what ails society today; the right to do whatever we want with NO regard for anyone else; not the father. Not the siblings. Not even the doctor as we sue doctors who get picky over what abortions they will or will not perform. Roe sets abortion up as this thing one does, totally on ones own, that has nothing to do with anyone else.
Now, I am covering more ground than is conversational at this point but, I wanted to set the two basic points down; abortion doesn't happen in a vacuum (no pun intended) and it opens up much of the rule of law to complete failure. How is my speeding hurting anyone when I haven't hit a thing? How is my putting off paying taxes hurting anyone else when I have other bills to pay? How is my taking your property for a few moments any of your concern if I put it back in the same condition and you never knew I had it? Add in drugs, alcohol, prostitution, etc, etc.
Roe is all about rights and zero regard to responsibility. And, on top of that, it is the most barbaric thing humans can do. By far.
I think you are not understanding the courts privacy argument. You are thinking of privacy like how we use that term in everyday language. The court was however, also using that term to describe self-autonomy. Why do you as a person have the right to decide to cut your hair or not to get a haircut. Why do you have the right to eat fattening McDonald's or not to eat eat fattening McDonald's. You might say because those involve my body and my health, its none of the state's business. You probably would not say privacy. However, when the court uses the term privacy it also includes that self-autonomous value that I am talking about. Why does a woman have the right to an abortion. The court can say, its her body and her health--its not the potential baby's father body or health, its not the siblings body or health, its not the hospital's body or healthy. Well what about the right of the father in the fetus--what about the states interest in protecting that fetus? How about the fetus right to life?
Well, the court had try to value those interests. They valued those interests by saying until the fetus is viable those interests whatever they are do not overcome the woman's privacy right (which is the right to control her own body and health).
When I attacked the court's application of strict scrutiny, I was attacking the court's reasoning in applying such a low value to whatever you want to call that fetus.
I can only speak for myself on this point but I do believe that if I have read these articles and am aware of these numbers that other blacks would be to. I guess I'll have to bring it up at the next meeting and ask the other Negros if they have managed to hear anything about this.
Btw that first paragraph was torturous to read with the bizarrely placed spaces, commas and apostrophes.
Aren't you making a distinction without a difference? Boiler-plating? There is "Self-autonomy" in taking drugs and prostitution yet we require some subordination of that autonomy to serve the public interest to prohibit both activities.
I have read it and believe it's something that should have been left up to each state to decide.
Roe has nothing to do with abortion. It was settled on the non existent absolute right to privacy, that the government has zero interest in what one does with their body in privacy.
My problem with the law is on that basis; an absurd legal construct used to achieve a specific legislative outcome.
People are removed from life-support, feeding tubes and allowed to die all the time. What are your thoughts about that in the context that protecting human life is a compelling state interest?
I don't think that's correct. In fact, Justice Blackmun's majority opinion is quite explicit that the privacy right in question (i.e. that manifestation of "the concept of personal 'liberty' embodied in the Fourteenth Amendment's Due Process Clause") is not absolute - that it, like other substantive rights, is subject to restrictions in furtherance of compelling government interests.
What should be - the decision whether or not to prohibit abortion (or under which circumstances to) or the decision whether or not doing so is a violation of Constitutional rights? If the former, that's essentially taking the position that the Supreme Court got it wrong with regard to the latter. I'm not arguing with that position, just trying to point out that the Supreme Court had to make the latter decision - that's not something that's supposed to be left up to the states.
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You are saying if the states regulation and restrictions on the right to have an abortion require strict scrutiny, so should the states restriction on the person's right to engage in prostitution or take drugs. After all they seem to involve ones own body and ones own health. The same autonomous values mentioned earlier.
I take you as someone who is, first and foremost, sincere in your expressions of opinion and understanding. Yet, you seem to think that Roe v Wade stands, perhaps among other things, for the proposition that "the government has zero interest in what one does with their body in privacy."
First, thank you. That is what I think I think about what I think.
Now, Roe. What does a kid think when he grows to realize that the only thing between his existence and never having been is...a choice? Ye,t there are all sorts of other things the government says you can't do.
Can't rob and shoot a bank teller. That's taking an innocent life. Not supposed to take drugs. Not supposed to steal a car from a man who has 20.
All of this is more important than an infant? What is the message? What are the priorities? Can kill for the country at 18. Can't have a beer until 21.
My argument is the moral message, the government is practical joker, unserious in matters of the most innocent and helpless among us but, deadly serious about trivial things.
The courts should have never stepped into abortion. They should have left it as a state problem. Or, they should have found a way to punt it to DC and argue that federal legislation on abortion should come from elected representation and then they'd rule on that.
Not only did Roe say Texas was wrong but then, they, in essence, wrote a federal law to replace it, deciding for everyone an immense issue.
Blackmun said the constitution says, basically, whatever the people say it says. Well, I think Harry went from his job of interpreting the constitution and into interpreting the people; not his job.