USSC Upholds Texas Abortion Law
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2021-09-03 07:00 by Karl Denninger
in Social Issues , 240 references Ignore this thread
USSC Upholds Texas Abortion Law
[Comments enabled]

The screaming from the left on this decision is amusing, but irrelevant.

The court voted 5-4 to deny an emergency appeal from abortion providers and others that sought to block enforcement of the law that went into effect Wednesday. But the justices also suggested that their order likely isn't the last word on whether the law can stand because other challenges to it can still be brought.

The Texas law is another incantation of heartbeat laws that have been repeatedly turned back.  It was crafted to evade review by making the right of enforcement in the civil space aimed at anyone involved in said abortion except the woman undergoing the procedure.

But -- the USSC didn't "pass on" the law -- what they did was refuse to issue a stay.  The Supremes have previously signaled that some sort of review of Roe is likely on the table during their next term which opens this fall.  What form and fashion that review will take is yet to be determined but I would be extremely cautious in thinking that Roe is going to be tossed -- there's simply no indication that's the case.

But, and this is important, if you stand for mandates in the Covid-19 paradigm then you had better STFU when it comes to abortion.  Yes, they are related; "my body my choice" is not so simple as there is another life involved, just as those pushing the mandates for Covid-19 assert.  Indeed in the case of abortion the impact is not a statistical one but rather a matter of existential fact and guaranteed consequence, since that is the entire point and intent of the procedure.

Perhaps those on the left who have spent roughly fifty years arguing that bodily autonomy trumps all other considerations, including those of the to-be-child, ought to consider their own hypocrisy.  After all an unborn-but-conceived child has no means of self-defense, where a person who might get an airborne virus does, with the exception of institutionalized individuals (nursing home residents, for example) can offer defense of their person in every respect.  Said person can refuse to go out at all and refuse to allow anyone to enter their residence, having their groceries and other supplies delivered, they can wear a mask if they wish to protect themselves, such as an N95 or even a P100 or PAPR and they can personally engage in in the use of prophylaxis, such as through vaccination.

Make up your mind folks: Are you only authoritarian when it suits you?  And if so please explain why shouldn't you get a shot from those of us who disagree and see your hypocrisy for what it is, particularly when you impose said authoritarian views upon others?

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Seektruth
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Of course they're only authoritarian when it suits them. These people are the biggest hypocrites on just about every topic.

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Olddad
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Maybe we should start pushing sterilization mandates for those who refuse to prevent unwanted pregnancies the old fashioned way. For the good of all, of course!
Tickerguy
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@Olddad - Do recall that Oregon PASSED, during the time of the Jacobson decision, a law criminalizing homosexuality -- and the penalty was forced sterilization.

Yes, they cut the balls off gay men.

THAT is the background of what was considered "acceptable" under the Constitution at the time.

What's considered acceptable has changed, and for the better, in the 100 years since.

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Olddad
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Yep, seems we're on a similar road re: vax if we don't turn around quickly. The hypocrisy re: their response to this decision is galling, yet these people are deadly serious. I believe they simply don't care what it takes or what they have to say to get what they want, almost at any cost.
Blanca
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I find it difficult to believe that the holy grail of the left, abortion at any time, is in any great peril. Anyone who wants an abortion can simply leave Texas and go somewhere else.

The same leftist are the ones intent on vaccine and mask mandates. For example, the ACLU said this: "Far from compromising them, vaccine mandates actually further civil liberties. They protect the most vulnerable, people with disabilities and fragile immune systems, children too young to be vaccinated, and communities of color hit hard by the disease."
Cmoledor
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Crazy bastards rule us.

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I've been driving my wife crazy with this argument for weeks now. She knows I'm right.

smiley
Tonythetiger
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Legally speaking, the Texas law is blatantly unconstitutional as it clearly violates Roe V. Wade's ban on preventing abortions in the first trimester. Texas' attempt to "deputize" non-government actors to enforce the law in equity is also nothing more than BS writ large. Upholding it will only lead to the elimination of all rights by setting various groups of the population at each others' throats over enforcement actions. This will not end well.

The fact that the USSC punted on issuing/upholding an injunction shows how far Justice has wandered from reality. Their ruling inflicts serious damage on innocent people without thought for their rights as outlined in prior and settled cases on the matter.

The right way to handle the issue would be to issue an injunction and let those who intend to apply the law to defend it's constitutionality.

At least now we know that more than half of the USSC are afraid to do the right thing in a legal sense, which has moved us one step closer to a bloody civil war. May they all rot in Hell for abandoning their posts like this.

And ... FWIW, I am not saying this 'because abortion'. I am saying it "because Rule of Law".

We just moved one step closer to anarchy, and not in a good way, IMHO.

For those who support this decision, wait until California or New York uses the same enforcement scheme to close down gun stores, shooting ranges, etc.


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Tickerguy
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@Tonythetiger -- Yep.

But it is EXACTLY the tolerance for this bull**** of ignoring the Rule of Law over the last 18 months with Covid, in particular, and the last couple of decades of it generally, that led to this ruling.

Which is the point of the article.

And yes, it DOES move us closer to a nasty internal conflict.

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Flappingeagle
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Quote:
For example, the ACLU said this: "Far from compromising them, vaccine mandates actually further civil liberties. They protect the most vulnerable, people with disabilities and fragile immune systems, children too young to be vaccinated, and communities of color hit hard by the disease."


Give me a freaking break on the "communities of color" bull****. The ACLU plays the race-card in an attempt to bolster their bull**** position. The jab is free, available all over the place, and extra effort has been put toward getting "people of color" to get the jab.

It is time to add the ACLU to the list of people that CAN SUCK IT.

Flap

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Cheetah9
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I read somewhere, so really have no idea if true or not, but it does sound about right that 80-90% of abortions are done in the first 4-5 weeks of pregnancy. To Blanca's point and the fact that this is an unenforceable law (by the usual means) really makes their argument moot but those types have to outrage about it because they're so incredibly narrow minded.

Reason: Clarification
Tickerguy
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A VERY LARGE percentage today are "pharmaceutical"; woman misses, takes a pregnancy stick test, is positive, gets the two-pill formula and yep.

A LOT cheaper than a surgical procedure, obviously.

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Mrdef
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For the record I am against abortion (killing of the unborn) so does that mean I'm for a mandate to outlaw abortion even though the Rule of Law says it's legal? Actually I'm against all mandates that takes away our freedom with our bodies while protecting one's life. So does that mean I'm a hypocrite since I'm not for abortion?!?
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Scientists on August 7th, 1996: "We found **MICROSCOPIC LIFE** on mars from an asteroid!!! Proof that Life exists outside of Earth!"

"Follow the science" People: "Abortion is fine! It's not living yet!!!!"

Just saying...

Edit: I should have added, I am not talking about my body my choice or if abortion is wrong or right. I am talking about how the courts and people still don't know what life is yet. But will rule on it and use it as a reason.

Reason: addition
Redjack
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I drink with lawyers on occasion.

We left any semblance of "law" last year. That horse is dead, rotted, and buried. The game only works as long as both sides agree to enforce the rules.

We are heading to the bad old days of lords and kings (if we are lucky).

Might makes right, and ink on paper doesn't stop force.
Blanca
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SCOTUS, like so many of our institutions, has lost its credibility due to numerous bungled rulings that fly in the face of reason. SCOTUS, in Marbury v. Madison, created for itself the judicial review of congressional acts. And so began the potential for tyranny by an unelected branch of government.

The right to an abortion was found in the "penumbra" of the Constitution. Congress was unwilling to legislate in this area, so SCOTUS went to work. SCOTUS has been doing what Congress hasn't been willing to do for years, for fear of voter retaliation - and the country moves leftwards.
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I am against all abortion. I understand the arguments against overturning Roe.

I am surprised at this because of the angle it took.

I think that any abortion after the heartbeat is morally aborhant. At 15 (heartbeat detected at 15 weeks) weeks the baby has eyes, arms and legs, it moves and even yawns. I have no ability to understand how a woman can do that, but that's me. When I saw my first ultrasound with my sister I was forever changed in that regard.

What about a father's rights?

We've done this since 1973 and now we have to import south americans and afghans to pay our taxes.

The loss of focus on the family has destroyed this country.

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Patentleathershoes
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Also, regarding CV19 and mandates, I've been arguing for using Roe as a precedent on 'my body my choice' since the beginning of this.

Our world makes no sense anymore.

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"An unborn child's property rights are protected by law. His right to life is not." Ronald Reagan
Invisiblesun
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@Mrdef

I think likewise. On "reproductive rights" my feeling is the state should have zero say in pregnancy until the baby can survive independent of the mother. I loathe the abortion industry and its profiteering. I loathe abortion advocates and their callous selfishness.

But I would rather live with abortion then to grant the government and its busybodies control over my body, no matter the cause or issue.

I hope the Texas law gets shot down. If not, get prepared for similar laws for civil penalties for persons who do not abide the totalitarian health code.
Prof_dilligaf
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<b>ought to consider their own hypocrisy</b>

"Surely this time pointing out their hypocrisy will work!"

Lefties, the overgrown hall monitors of our age, will never be shamed by pointing out the inherent contradictions in most of their stances, because the contradiction is the point: rules that you have to follow have no meaning to them. What more concise and precise definition of "power" do you need?
Redsox2824
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Im as opposed to abortion as you can get, but dont see much to like about this decision, especially when you put it alongside everything else this court is doing. The loophole Texas is trying to exploit is frightening, and, as others have said, this just further undermines the rule of law. Abortion will never be illegal until the right to life of a gestating baby is recognized, and all involved in the act can be punished commensurate with how other homicides are punished.
Wakeupcall
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Cheetah that is absolutely false. Most women dont even realize they are pregnant at that point or just found out. Then it takes another couple weeks to raise the money and get an appointment. And the younger the women are, they dont usually realize until 8-10 weeks, 2 missed periods because in denial. Then they are rushing around trying to get money and an appointment before 12 weeks (though I dont know if its still 12 weeks or longer, depends on the state). I have known quite a few women who had abortions. The younger they are, they are in denial cuz first missed period still happened but spotty. 2nd missed period was when they got tested. So 8-9 weeks. College students and above were a bit more proactive. After first missed period, take a test, then needs to get confirmed at a clinic. At that point already 5-7 weeks, then another couple weeks to get the money and get an appointment that doesnt interfere with job or school or family. Still looking at about 10 weeks. I am not sure what they cost nowadays, but when I was younger they seemed to range between $600-$1000. Maybe covered by insurance now? I just dont know. Are there less clinics so more difficult to get fast appointment? I dont know. I do know that the number of abortions has declined by about 50% since 1980.

As for my stand on the whole thing? I have a problem with the government telling anyone what to do with their bodies, whether a vaccine, forced abortion or forced carry to term. And quite frankly, I dont want my taxes to go up any more paying for those babies. And since most abortions are poc and libtards, I just dont care. On the other hand, maybe if those libhoes were forced to raise their own children, they would have much less time to go all Karen and get in my business. And of course, if made illegal (which I dont see happening), a lot of men will be paying child support.

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Heartlander
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Natural law existed before the Constitution. Before the United States. Before Western Civilization.

The difference between forcing a Covid vaccine on me and protecting the right of a living child to not be murdered by a contract killer hired by his mother is so obvious to me that I'm beyond disappointed that we're even having this discussion.
Wifi
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Ok then!
Senate panel will probe Supreme Court's Texas abortion ruling, 'shadow docket'
Quote:

A Senate panel has set its sights on the Supreme Courts increasingly common practice of deciding weighty cases on an emergency basis, a procedure the justices used this week to greenlight Texass severe curtailment of abortion access.

Sen. Dick Durbin (Ill.), the Senate Judiciary Committees top Democrat, announced Friday that the committee would hold a hearing on the courts so-called shadow docket, which often produces consequential rulings without the justices having received a comprehensive set of paper briefs or hearing oral arguments.

The Supreme Court must operate with the highest regard for judicial integrity in order to earn the publics trust, Durbin said in a statement. This anti-choice law is a devastating blow to Americans' constitutional rights and the Court allowed it to see the light of day without public deliberation or transparency.

https://thehill.com/regulation/570731-se....

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