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Roe vs. Wade, American abortion rights

Trying to make sense of a crazy world, with limited success mostly
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sugar magnolia
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Re: Roe vs. Wade, American abortion rights

#576

Post by sugar magnolia »

W. Kevin Vicklund wrote: Thu Sep 08, 2022 5:30 pm Abortion rights are back on the ballot! https://www.courts.michigan.gov/4a5828/ ... -08-or.pdf
This is even better than seeing Bannon in handcuffs!
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Re: Roe vs. Wade, American abortion rights

#577

Post by W. Kevin Vicklund »

Check out this judicial burn in footnote 5:

5 Justice ZAHRA notes that, as a wordsmith and a member of this Court, he finds it “an
unremarkable proposition that spaces between words matter.” As a blind person who is
also a wordsmith and a member of this Court, I find it unremarkable to note that the lack
of visual spacing has never mattered much to me.

:panic:

Stop, drop, and roll, dear Justice.
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Re: Roe vs. Wade, American abortion rights

#578

Post by W. Kevin Vicklund »

A worthy quote from another concurrence:
Seven hundred fifty three thousand and seven hundred fifty nine Michiganders
signed this proposal—more than have ever signed any proposal in Michigan’s history.
The challengers have not produced a single signer who claims to have been confused by
the limited-spacing sections in the full text portion of the proposal. Yet two members of
the Board of State Canvassers would prevent the people of Michigan from voting on the
proposal because they believe that the decreased spacing makes the text no longer “[t]he
full text.” That is, even though there is no dispute that every word appears and appears
legibly and in the correct order, and there is no evidence that anyone was confused about
the text, two members of the Board of State Canvassers with the power to do so would
keep the petition from the voters for what they purport to be a technical violation of the
statute. They would disenfranchise millions of Michiganders not because they believe
the many thousands of Michiganders who signed the proposal were confused by it, but
because they think they have identified a technicality that allows them to do so, a game of
gotcha gone very bad.

What a sad marker of the times.
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Re: Roe vs. Wade, American abortion rights

#579

Post by raison de arizona »

I'm glad they have judges that stand up to that BS, they should send some to AZ.
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Re: Roe vs. Wade, American abortion rights

#580

Post by Tiredretiredlawyer »

https://www.nejm.org/doi/full/10.1056/N ... sU.twitter
Abortion Access as a Racial Justice Issue
List of authors.
Katy Backes Kozhimannil, Ph.D., M.P.A., Asha Hassan, M.P.H., and Rachel R. Hardeman, Ph.D., M.P.H.


The United States was built, in part, on racially differentiated policies toward reproduction. During the 256 years when slavery was legal, the country had a substantial economic interest in the fertility of Black people; increased fertility meant a larger labor supply and higher property value. Slaveholders therefore condoned rape of enslaved people, withheld from them knowledge about birth control, allowed gynecologic experimentation on them without anesthesia, and provided “incentives” to coerce them into reproducing.2 Abortion was an important tool leveraged by enslaved pregnant people to control their fertility and prevent future children from experiencing the horrifying and inhumane conditions of chattel slavery.2

After emancipation and during the Jim Crow era, U.S. economic interest in Black bodies shifted. Once Black people were no longer a source of free labor, “eugenic” depopulation policies informed by White supremacist ideology began emerging in both government and clinical care.1,2 In 1927, the Supreme Court legitimized eugenic sterilization laws in Buck v. Bell, a case that has never been explicitly reversed. Forced sterilization, colloquially known as “Mississippi appendectomy,” was commonplace in the 20th century, with some estimates suggesting that as many as 70,000 people were involuntarily sterilized by government-sponsored family-planning programs.2

Other racialized groups in the United States have also experienced reproductive injustice; for instance, between the 1930s and the 1970s, as many as one third of Puerto Rican women underwent forced sterilization, commonly referred to as “la operación.”2 Atrocities such as this are not confined to the past: in 2020, Immigration and Customs Enforcement forcibly sterilized female migrants in federal detention facilities who were seeking asylum at the southern U.S. border. Also, in the mid-20th century, Puerto Rican women were enrolled in clinical trials of hormonal birth control without their knowledge and used as test subjects for contraceptives that had not yet been approved by the Food and Drug Administration.

U.S. policy toward Indigenous peoples has promoted erasure by means of genocide, rape, family separation, boarding schools, language eradication, cultural assimilation, and reproductive exploitation.3 In the 1900s, many states passed laws allowing sterilization of the “feeble-minded,” which was practiced extensively on reservations and at government-run boarding schools, where Indigenous children who had been forcibly separated from their families were raised without connection to their tribal communities.3 In addition, tribal membership rules informed by eugenic concepts and U.S. government policy may infringe on reproductive freedom: to be a member of a tribe with treaty rights negotiated by their ancestors, many Indigenous people must demonstrate a minimum “blood quantum” from a particular tribe. Such requirements force Indigenous people to consider reproductive choices in the context of their potential children’s eligibility for tribal membership; children born as a result of rape or unwanted pregnancy may be denied enrollment in the same tribe as their birth parent, if the rapist or other parent does not have the requisite blood quantum from the same tribe. With every reproductive choice denied, Indigenous peoples and tribes move closer to erasure.3
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Re: Roe vs. Wade, American abortion rights

#581

Post by raison de arizona »

Shannon Watts @shannonrwatts wrote: South Carolina lawmakers really covering themselves in glory this week. Republican Senate Majority Leader @shanemassey to a woman state senator on the floor during an abortion debate: “The Constitution does not say anything about your female parts.” #scpol
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Re: Roe vs. Wade, American abortion rights

#582

Post by Volkonski »

“If everyone fought for their own convictions there would be no war.” ― Leo Tolstoy, War and Peace
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Re: Roe vs. Wade, American abortion rights

#583

Post by much ado »

Given the recent results in Kansas, I don't think there is a chance in hell that Michigan voters will ben abortions.
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Re: Roe vs. Wade, American abortion rights

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Post by Volkonski »

“If everyone fought for their own convictions there would be no war.” ― Leo Tolstoy, War and Peace
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Re: Roe vs. Wade, American abortion rights

#585

Post by raison de arizona »

If it wasn't clear where the Republican Party stood on a national abortion ban, it is now. In writing.
No Lie with Brian Tyler Cohen @NoLieWithBTC wrote: After Republicans spent 2 weeks refusing to say if they support Lindsey Graham’s national abortion ban, the party JUST put out their official 2022 agenda that includes a national abortion ban. Cannot make this stuff up.
“Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide.” —John Adams
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Re: Roe vs. Wade, American abortion rights

#586

Post by Ben-Prime »

Which means Graham was testing the waters, either a toe-dipper in his own right or McConnell's bucket of chum. You can decide which visual metaphor you prefer.
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Re: Roe vs. Wade, American abortion rights

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ImageImagePhilly Boondoggle
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Roe vs. Wade, American abortion rights

#588

Post by RTH10260 »

Alito Assured Ted Kennedy in 2005 of Respect for Roe v. Wade, Diary Says
In the senator’s recollection, the Supreme Court justice who wrote the opinion overturning the abortion ruling tried to show Mr. Kennedy that he was not a threat to Roe.

By John A. Farrell
Oct. 24, 2022 Updated 3:49 p.m. ET

Senator Edward M. Kennedy looked skeptically at the federal judge. It was Nov. 15, 2005, and Samuel A. Alito Jr., who was seeking Senate confirmation for his nomination to the Supreme Court, had just assured Mr. Kennedy in a meeting in his Senate office that he respected the legal precedent of Roe v. Wade, the 1973 court decision that legalized abortion.

“I am a believer in precedents,” Judge Alito said, in a recollection the senator recorded and had transcribed in his diary. “People would find I adhere to that.”

In the same conversation, the judge edged further in his assurances on Roe than he did in public. “I recognize there is a right to privacy,” he said, referring to the constitutional foundation of the decision. “I think it’s settled.”

But Mr. Kennedy, a Massachusetts Democrat and longtime supporter of abortion rights, remained dubious that November day that he could trust the conservative judge not to overturn the ruling. He brought up a memo that Judge Alito had written as a lawyer in the Reagan administration Justice Department in 1985, which boasted of his opposition to Roe.

Judge Alito assured Mr. Kennedy that he should not put much stock in the memo. He had been seeking a promotion and wrote what he thought his bosses wanted to hear. “I was a younger person,” Judge Alito said. “I’ve matured a lot.”

The answer did not assuage Mr. Kennedy, who went on to vote against Judge Alito’s confirmation. If the judge could configure his beliefs to get that 1985 promotion, Mr. Kennedy asked in a notation in his diary, how might he dissemble to clinch a lifetime appointment to the nation’s highest court?



https://www.nytimes.com/2022/10/24/us/p ... rtion.html
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Roe vs. Wade, American abortion rights

#589

Post by humblescribe »

Ninja'd; I posted a similar story in the SCOTUS thread.
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Roe vs. Wade, American abortion rights

#590

Post by raison de arizona »

“Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide.” —John Adams
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Roe vs. Wade, American abortion rights

#591

Post by RVInit »

An interesting read about abortion rights and religion.
Ilived in Ireland for a year in the 1970s, when both contraception and abortion were illegal. I still remember the news story about a young German couple whose birth control was confiscated as they entered the country for their honeymoon. Welcome to Ireland!

Contraception became legal in Ireland in 1979 and widely available in 1985. But the tide on abortion did not start to turn until the 2012 death of Savita Halappanavar, a 31-year-old dentist carrying a doomed 17-week fetus.

In a BBC interview at the time, her husband said she was told she could not end the pregnancy because it was against the law in Catholic Ireland. She said she was Hindu, not Catholic, and asked “why impose the law on her,” said her husband, Praveen. The answer she received: “ ‘I'm sorry, unfortunately it's a Catholic country' and it's the law that they can't abort when the fetus is live." By the time the fetus’ heart stopped, it was too late for Savita. She died of septicemia.
Much more at the link, and very interesting.

https://www.msn.com/en-us/news/opinion/ ... skbarhover
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Roe vs. Wade, American abortion rights

#592

Post by AndyinPA »

Definitely interesting. Thanks.
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#593

Post by neonzx »

Today, Ohio voters passed a constitutional amendment protecting women and their rights to abortion.

Previously, the law was a six week limit with no exception for rape or incest...

YEA, Buckeye State!!

BONUS. Voters also passed an amendment making them the 24th state to legalize recreational pot. Ha.
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#594

Post by Volkonski »

:bunny:
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#595

Post by noblepa »

I live in Ohio and I am happy to see both measures pass.

Ohio uses citizen sponsored amendments to the State Constitution because the incredibly gerrymandered statehouse is so out of touch with voters wishes.

This spring, after having previously voted to abandon August primaries due to the expense and low voter turnout, the R's called for an August primary in order to put one issue on the ballot: an amendment to raise the threshold for such grass-roots amendments from 50% to 60%. This was a blatent attempt to prevent passage of the amendment that passed today. They knew that the majority of voters favored legal abortions. Fortunately, that amendment failed.

I worry, though, that if a few more states enact such laws or constitutional amendments, the R's in Washington will try to impose a federal statute banning abortion. In the run-up to the overturning of Roe v. Wade, they proclaimed loudly that they believed that the issue should be left to the states. I fear that they will change their minds if too many states begin allowing abortions.

The lies about the amendment were mind-boggling. I've had otherwise rational people, who are not religious zealots or RWNJs tell me that the amendment woud allow a doctor to abort a baby as it is in the process of being born in a full-term pregnancy. The amendment contains language that would allow a ban after fetal viability.
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#596

Post by AndyinPA »

Excellent. Now, let's see what the republicans do to try to not implement it.
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#597

Post by AndyinPA »

It didn't take long from my last post to this one.

https://www.cbsnews.com/news/ohio-abort ... judiciary/
Republicans in the Ohio state legislature are threatening to strip state courts of their authority to review cases related to Issue 1, the ballot measure approved by voters on Tuesday that established a right to abortion in the state constitution.

A group of four state GOP lawmakers announced their plans in a press release Thursday, which also teased forthcoming legislative action in response to voters' approval of the reproductive rights initiative.

"Issue 1 doesn't repeal a single Ohio law, in fact, it doesn't even mention one," state Rep. Bill Dean said in a statement. "The amendment's language is dangerously vague and unconstrained, and can be weaponized to attack parental rights or defend rapists, pedophiles, and human traffickers."

The Ohio Republicans said state lawmakers "will consider removing jurisdiction from the judiciary over this ambiguous ballot initiative. The Ohio legislature alone will consider what, if any, modifications to make to existing laws based on public hearings and input from legal experts on both sides."

Republicans hold wide majorities in both chambers of the Ohio General Assembly. The state's governor is a Republican, and the seven-seat Ohio Supreme Court has a 4-3 Republican majority.

Ohio state Rep. Jennifer Gross also claimed that the campaign in favor of Issue 1 was funded in part by foreign donations, saying, "this is foreign election interference, and it will not stand."
:explode:
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Roe vs. Wade, American abortion rights

#598

Post by noblepa »

And our State Supreme Court here in Ohio, will not do anything meaningful to stop them.

Two instances come to mind. Perhaps as long as ten years ago, the Ohio SC ruled that using property taxes to fund local schools is unconstitutional. Not long after that, another case came before them and they again ruled it unconsitutional.

Fast forward ten years, and virtually every school district in the state still uses property taxes to fund their schools. The SC has refused to hear any more cases regarding this issue and they have steadfastly refused to order anyone to devise another way of funding schools.

More recently, in the runup to the 2022 election, the Republican controlled legislature proposed new districts, based on the 2020 census. The SC ruled that they were illegally gerrymandered. The R's made a few superficial changes and resubmitted the plan. Again, the SC said the plan was illegal. So, the R's simply submitted the exact same plan. This time, the SC said that it was still illegal, but it was too close to the election to do anything about it and allowed the redistricting plan to go into affect.

IOW, our illustrious Supreme Court won't even enforce their own rulings.

So, the R's in Columbus will do their best to ban abortion, despite the amendment, the SC will rule it unconstitutional and the R's will ignore the ruling.
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Roe vs. Wade, American abortion rights

#599

Post by raison de arizona »

:mad:
TizzyEnt @TizzyEnt wrote: hospitals in Alabama wont deliver babies & mortality rates are among the highest in the country.
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:explode:
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