Author Topic: SCOTUS ruling would be a disaster for Pro Life (Read 13445 times)

Ladislaus · « **Reply #95 on:** July 08, 2022, 02:20:28 PM »

Quote from: Pax Vobis on July 08, 2022, 01:45:15 PM

SCOTUS doesn't/can't rule about possibilities/future events. It rules about today. And today, there's no federal law either providing or prohibiting abortion...thus, it's a state issue.

SCOTUS present-day rulings, depending on how they're worded, can PRECLUDE future laws. They lay down legal principles and precedents. If laws are written after such a decision that contradict those principles, then they are STRUCK DOWN based on the prior rulings. There's nothing to preclude a federal law to ban abortion. Problem is that, based on this precedent, it cannot trump STATE laws. It would be like with marijuana, illegal at the federal level, but meaningless in the states that have legalized marijuana. It would be toothless virtue signaling to win political points. One effect it could have would be to preclude abortion clinics being set up on federal property, but that's as far as it could go in any practical terms.

Emile · « **Reply #96 on:** July 08, 2022, 02:20:47 PM »

Quote from: Ladislaus on July 08, 2022, 01:59:18 PM

It occurred to me looking while looking at the map that they might be able to set up abortion facilities on Indian Reservations, just like casinos.

Ladislaus · « **Reply #97 on:** July 08, 2022, 02:25:11 PM »

Quote from: Emile on July 08, 2022, 02:20:47 PM

It occurred to me looking while looking at the map that they might be able to set up abortion facilities on Indian Reservations, just like casinos.

That I'm not 100% sure of. Indian Reservations, I don't think, are federal territories but are considered independent in many ways, especially when it comes to their being able to make their own laws independent of both state and federal law. I suspect that the leaders / legislators of various Indian Reservations could likely vote to permit abortion even within the Red State that had otherwise banned it. But, yes, that too could be a problem. We could end up seeing people flocking to Indian Reservations for abortions just as they do today for casinos.

Ladislaus · « **Reply #98 on:** July 08, 2022, 02:34:24 PM »

Here's a decent discussion of the scenario with Indian reservations. Most of the obstacles cited by CNN could be overcome if the feds (under Biden) would actually strengthen the autonomy of Indian Reservations and protect it with legislations ... and we know they'll try. Only real obstacle would be the suggestion that many Indian Reservations (according to this article anyway) lean conservative. It was evidently tried by one tribal leader in South Dakota when they tried to make abortion illegal, and that individual was impeached out of office over it by her own tribe.

https://www.cnn.com/2022/06/26/us/tribal-lands-abortion-safe-havens-roe-cec/index.html

Pax Vobis · « **Reply #99 on:** July 08, 2022, 04:18:50 PM »

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Laying down a principle that states cannot be interfered with at the federal level in legislating to protect abortion is NOT legislation.

What you falsely define as a "principle" implies it cannot change. This isn't catholicism, but law. Laws change all the time. A ruling is not a principal.

Rulings are based on the current laws. Tomorrow, new laws can be passed and past rulings can become obsolete.

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SCOTUS present-day rulings, depending on how they're worded, can PRECLUDE future laws. They lay down legal principles and precedents.

This is only true if there is a lack of legislation...or if the legislation isn't clear.

You're basically arguing that SCOTUS is more powerful than Congress. That's not the case at all.

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Author Topic: SCOTUS ruling would be a disaster for Pro Life (Read 13445 times)

Ladislaus

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Emile

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Ladislaus

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Ladislaus

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Pax Vobis

Re: SCOTUS ruling would be a disaster for Pro Life