Mississippi Anti-Abortion Supreme Court Case

[raison de arizona]

IANAL but this reads as, "Please overturn Roe v. Wade for us," to me.
https://www.supremecourt.gov/DocketPDF/ ... ioners.pdf

This Court Should Overrule Its Precedents Subjecting Abortion Restrictions
To Heightened Scrutiny.
This Court’s abortion precedents depart from a
sound understanding of the Constitution. In Roe v.
Wade, 410 U.S. 113 (1973), and Planned Parenthood
of Southeastern Pennsylvania v. Casey, 505 U.S. 833
(1992), this Court held that abortion is a right specially protected by the Fourteenth Amendment, and
so laws restricting it must withstand heightened scrutiny. Casey described Roe’s “essential holding,” which
the lower courts thought dispositive here, to include a
rule that, “[ b]efore viability, the State’s interests are
not strong enough to support a prohibition of abortion.” 505 U.S. at 846; see App.6a-13a; App.43a, 47a48a.
This Court should overrule Roe and Casey. Stare
decisis is “at its weakest” with constitutional rulings,
Knick v. Township of Scott, 139 S. Ct. 2162, 2177
(2019), and the case for overruling here is overwhelming. Roe and Casey are egregiously wrong. They have
proven hopelessly unworkable. They have inflicted
profound damage. Decades of progress have overtaken them. Reliance interests do not support retaining them. And nothing but a full break from those
cases can stem the harms they have caused.

Coverage: https://www.scotusblog.com/case-files/c ... anization/

[MsDaisy]

Don't Tread On Me + '.png (130.59 KiB) Viewed 3756 times

[northland10]

IANAL but this reads as, "Please overturn Roe v. Wade for us," to me.

That is what they want so they decided to not beat around the bush.

[AndyinPA]

The same people who are saying no to the vaccine based on "My body; my choice" want abortion overturned. (I actually heard a republican say that just this morning on CNN.)

[raison de arizona]

Sens. Hawley, Lee, Cruz lead amicus brief urging SCOTUS to overturn landmark abortion case Roe v. Wade
'Roe and Casey should be overruled, and the question of abortion legislation should be returned to the states'

Three Republican senators are leading an amicus brief to the Supreme Court urging the justices to overturn the landmark abortion case Roe v. Wade.

Republican Sens. Josh Hawley of Missouri, Mike Lee of Utah and Ted Cruz of Texas filed a brief with the Supreme Court on Tuesday in the case Dobbs v. Jackson Women’s Health Organization.

In the filed brief, the senators urge that the court should overturn its ruling in two abortion-related cases: Planned Parenthood of Southeastern Pennsylvania v. Casey and the landmark case Roe v. Wade.

"This status quo is untenable. Where a legal doctrine has repeatedly failed to offer clarity – where it has proved unworkable in the past and will likely engender unpredictable consequences in the future — its existence constitutes an open invitation to judges to interpret it according to their own policy preferences, usurping the constitutional prerogatives of the legislature," the senators wrote in the brief.

"Roe and Casey should be overruled, and the question of abortion legislation should be returned to the states," they continued.

According to the senators’ joint press release, they argue in the brief that the Supreme Court’s "abortion jurisprudence finds no basis in the Constitution" and that the court’s "‘undue burden’ standard in particular has resulted in contradictory outcomes, disarray in the lower courts, and judicial lawmaking."

https://www.foxnews.com/politics/hawley ... V6o_CWQK3E
Amicus Brief
Press Release

[Slim Cognito]

'what are the odds scotus takes this? 'don't these things have to work their way up?

[AndyinPA]

'what are the odds scotus takes this? 'don't these things have to work their way up?

Someone could correct me if I'm wrong, but I think they already did.

[Slim Cognito]

well, fuck!

[sugar magnolia]

well, fuck!

We're hanging onto the thread that since our AG has signed on, it won't overturn Roe v Wade. Everything else she's signed onto has not gone her way so far.

It's not much, but it's what we've got.

[bob]

'what are the odds scotus takes this? 'don't these things have to work their way up?

Someone could correct me if I'm wrong, but I think they already did.

SCOTUS granted cert. in May.

The district court had issued an injunction against Mississippi's law (an outright ban on abortions after 15 weeks; no exceptions permitted), and the 5th affirmed the injunction.

[Foggy]

Yeah I think Donald J. Trump has been a millstone hanging on the neck of the Republican Party.

But if the Supreme Court reverses Roe, I think that will be the coup de grace. The polls have been steady and reliable for many years now, that a great majority of the American people have accepted Roe and want it to remain the law. Even Republicans. You put anyone in jail for having an abortion, and look out at the next election!

I may be biased - I have personally marched in our nation's capital in favor of abortion rights, and I would do it again if needed.

But I think the Republicans would take a HUGE hit to their popularity, and an enormous number of people would be energized to stand up and fight. This is almost like the dog who's been chasing cars all his life, and suddenly he actually caught one, and it was a MISTAKE.

Because that train left the station many, many years ago, and it ain't comin' back.

[neeneko]

But I think the Republicans would take a HUGE hit to their popularity, and an enormous number of people would be energized to stand up and fight. This is almost like the dog who's been chasing cars all his life, and suddenly he actually caught one, and it was a MISTAKE.

On the other hand, if you look at their tactics over the last decade or two, they have increasingly been building a strategy that requires as few keys as possible. They have been making their popularity with the general public less and less important, and instead emphasizing their popularity with their more active political base. This is probably why they are so willing to do these things.. the opinions of even average republicans just don't matter much anymore.

[roadscholar]

Which, off topic, mirrors the political activities of the NRA. The "no gun restrictions, ever" leadership started ignoring the beliefs of the majority of their rank-and-file members decades ago.

[Slim Cognito]

well, this whole thread sucks.

[Lani]

well, this whole thread sucks.

Yeah. I can't believe that we are still going through this shit. Forty ef'ing years ago I joined with others to encircle women's clinics to protect them and safely escort patients into and out of the clinics.

[neeneko]

Which, off topic, mirrors the political activities of the NRA. The "no gun restrictions, ever" leadership started ignoring the beliefs of the majority of their rank-and-file members decades ago.

Yep. It is a recurring tactic because it is, well, effective. It also makes you more attractive to outside influencers because the more concentrated group of supporters means they are easier to influence as a block and generally more consistent/stable in their support.

[RVInit]

But I think the Republicans would take a HUGE hit to their popularity, and an enormous number of people would be energized to stand up and fight. This is almost like the dog who's been chasing cars all his life, and suddenly he actually caught one, and it was a MISTAKE.

On the other hand, if you look at their tactics over the last decade or two, they have increasingly been building a strategy that requires as few keys as possible. They have been making their popularity with the general public less and less important, and instead emphasizing their popularity with their more active political base. This is probably why they are so willing to do these things.. the opinions of even average republicans just don't matter much anymore.

This is why demonizing Democrats has been so important for them. They will vote for a known criminal like Rick Scott because the other choice is a "criminal" Democrat. A Republican voter actually said that to me. That she voted for Rick Scott for governor, in spite of the fact that the entire State of Florida was plastered wall to wall with information that while he was CEO of a health care company that company perpetrated the biggest Medicare fraud in history, because Democrats are "criminals".

[raison de arizona]

This is why demonizing Democrats has been so important for them. They will vote for a known criminal like Rick Scott because the other choice is a "criminal" Democrat. A Republican voter actually said that to me. That she voted for Rick Scott for governor, in spite of the fact that the entire State of Florida was plastered wall to wall with information that while he was CEO of a health care company that company perpetrated the biggest Medicare fraud in history, because Democrats are "criminals".

Criminals and communists, better Russian than Democrat!

[AndyinPA]

https://www.cnn.com/2021/07/29/politics ... index.html

CNN —

Nearly 230 Republican members of Congress told the Supreme Court on Thursday that it should overturn Roe v. Wade and release its “vise grip on abortion politics.”

The new brief is the latest filing in a dispute that will be heard next term and represents the most significant abortion-related case the justices have taken up in nearly a half a century. The 6-3 conservative court, bolstered by three of former President Donald Trump’s appointees, could gut, or invalidate court precedent, and that’s what the GOP lawmakers are calling for.

“Congress and the States have shown that they are ready and able to address the issue in ways that reflect Americans’ varying viewpoints and are grounded in the science of fetal development and maternal health,” lawyers for 228 Republican lawmakers, including leadership in both chambers, told the justices.

[raison de arizona]

CNN —
“Congress and the States have shown that they are ready and able to address the issue in ways that reflect Americans’ varying viewpoints and are grounded in the science of fetal development and maternal health,” lawyers for 228 Republican lawmakers, including leadership in both chambers, told the justices.

One might argue that the U.S. Constitution has spoken as well.

[tek]

“Congress and the States have shown that they are ready and able to address the issue in ways that reflect Americans’ varying viewpoints and are grounded in the science of fetal development and maternal health,”

The fact that they weren't instantly incinerated by a bolt of lightning is proof there is no {G|g}od.

[raison de arizona]

And nut job governors begin signing on.

https://www.supremecourt.gov/DocketPDF/ ... 0Brief.pdf

Is that the same Gianforte that body slammed a reporter? Who elected him? He belongs in prison.

[Frater I*I]

Is that the same Gianforte that body slammed a reporter? Who elected him? He belongs in prison.

Yes.
The people of Montana...unfortunately...
He was only charged with misdemeanor assault, he plead guilty, got $385 in fines and feees, 40 hrs community service, 20 hour anger management, and 180 days deferred sentence.

[Volkonski]

[Atticus Finch]

This is the final nail in the Roe coffin. There are two possible outcomes: The complete reversal of the Roe case or the gutting of the fetal viability as the determining factor governing the state's interest in preserving the life of the fetus and replacing it with a ban on elective abortions after 15 weeks.

The problem with the 15 week ban is that it has no scientific basis. Why not a 14 week ban or a 16 week ban? What is so magically about 15 weeks in the gestation period of the fetus?

I foresee after the demise of Roe, which in itself will be quite astonishing since it will be for the first time in our republic that a recognized constitutional right will have been abrogated by the the Supreme Court, that any other Supreme Court decisions that overruled state laws based on the Right of Privacy will be challenged, such as, contraceptive cases (Griswold v. Connecticut, anti-sodomy laws (Lawrence v. Texas), same sex marriages (Obergefell v. Hodges).

We as a nation will be entering uncharted territory with a Supreme Court that has 6 justices bound and determine to do the will of the GOP.