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when is Roe v Wade getting the axe?

it was axed in 1992, in planned parenthood v. casey

roe had considered termination of pregnancy to be a pregnant person's fundamental right, regulation of which subject to strict scrutiny; the opinion cut pregnancy into trimesters, during the first of which the state could not regulate, during the second, could regulate within the bounds of strict scrutiny, and during the third, could prohibit completely. (the opinion does other important work, not relevant here.)

casey abolished the notion of termination being a fundamental right and re-construed it as a 'liberty interest'--no more strict scrutiny review but rather a weighing of competing interests. the state is permitted to regulate in the first trimester--so that a mobile and potentially unknowable 'viability' date becomes more important than the calendar.

fair to say therefore that roe is two-thirds overruled by the casey court in 1992.

all that said, doubtful that the louisiana case can further axe roe, as it will be another post-casey liberty interest analysis, very similar to a texas case from a few years ago--it might come out differently now because of the composition of the court, but it does not seem to challenge the right to terminate itself.

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I’m fucking enraged at what’s going to happen in northern Syria. Kurds and Assyrians in Rojava are going to be killed in a genocide. Trump supporters here that lurk, you got a lot more blood coming onto your hands. Not that you care though. I know you love dead brown people.

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6 minutes ago, Rippounet said:

In one of today's tweets Trump actually said "in my great and unmatched wisdom."

And the worse is knowing that expression is too complicated for him to have written it on his own...

Not only that, but "reiterate" was spelled correctly.

When I read that, I heard it with The Great and Powerful Oz's voice. Of course, he was a snake oil salesman, too. 

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4 minutes ago, Bonnot OG said:

I’m fucking enraged at what’s going to happen in northern Syria. Kurds and Assyrians in Rojava are going to be killed in a genocide. Trump supporters here that lurk, you got a lot more blood coming onto your hands. Not that you care though. I know you love dead brown people.

Make no mistake, this benefits Putin. EVERYTHING he does benefits Russia. 

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Tell us again why we are supposed to give respect and honor to the rural voters . . . .

https://www.nytimes.com/2019/10/04/opinion/sunday/trump-arkansas.html

Quote

 

...  Since coming back, I’ve realized that it is true that people here think life here has taken a turn for the worse. What’s also true, though, is that many here seem determined to get rid of the last institutions trying to help them, to keep people with educations out, and to retreat from community life and concentrate on taking care of themselves and their own families. It’s an attitude that is against taxes, immigrants and government, but also against helping your neighbor.

Most Americans live in cities, but our political system gives rural areas like Van Buren outsize voting power. My time here makes me believe that the impeachment scandal will not hurt Mr. Trump — and that Democrats who promise to make the lives of people like my neighbors better might actually help him.

I realized this after a fight over, of all things, our local library....

I didn’t realize it at first, but the fight over the library was rolled up into a bigger one about the library building, and an even bigger fight than that, about the county government, what it should pay for, and how and whether people should be taxed at all. The library fight was, itself, a fight over the future of rural America, what it meant to choose to live in a county like mine, what my neighbors were willing to do for one another, what they were willing to sacrifice to foster a sense of community here.

The answer was, for the most part, not very much....

A considerable part of rural America is shrinking, and, for some, this means it’s time to go into retreat. Rather than pitching in to maintain what they have, people are willing to go it alone, to devote all their resources to their own homes and their own families.

It makes me wonder if appeals from Democratic candidates still hoping to win Trump voters over by offering them more federal services will work. Many of the Democratic front-runners have released plans that call for more federal tax investment in rural infrastructure. Mr. Widener told me he had watched some of the Democratic debates, and his reaction was that everything the candidates proposed was “going to cost me money.”....

 

 

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34 minutes ago, sologdin said:

when is Roe v Wade getting the axe?

it was axed in 1992, in planned parenthood v. casey

roe had considered termination of pregnancy to be a pregnant person's fundamental right, regulation of which subject to strict scrutiny; the opinion cut pregnancy into trimesters, during the first of which the state could not regulate, during the second, could regulate within the bounds of strict scrutiny, and during the third, could prohibit completely. (the opinion does other important work, not relevant here.)

casey abolished the notion of termination being a fundamental right and re-construed it as a 'liberty interest'--no more strict scrutiny review but rather a weighing of competing interests. the state is permitted to regulate in the first trimester--so that a mobile and potentially unknowable 'viability' date becomes more important than the calendar.

fair to say therefore that roe is two-thirds overruled by the casey court in 1992.

all that said, doubtful that the louisiana case can further axe roe, as it will be another post-casey liberty interest analysis, very similar to a texas case from a few years ago--it might come out differently now because of the composition of the court, but it does not seem to challenge the right to terminate itself.

Right - I view the Louisiana case as an additional push in the direction of getting the federal government out of the business [WHICH IT SHOULD BE IN] of ensuring that women have the right to sovereignty over their own bodies.  Functionally, the federal right is pretty much gone already because of Casey and its mishy mushy "undue burden" standard.  I'm actually sort of surprised that Casey lasted as long as it did, because it's not good law, but it has held because no one has really had the stomach to do anything else.  I personally think it is relatively likely that Casey gets overruled/functionally overruled, that Roe stands on a titular basis, but the new standard (whatever it is) will functionally overrule 7/8 of Roe.

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1 hour ago, larrytheimp said:

The idea of having the third in line not be a member of congress seems like a solid idea, but I think this is a really shitty time to address that. 

I actually like the idea of congressional leaders coming after the VP.  But, if we're gonna change the succession, seems pretty obvious the thing to do is to get rid of/change the Senate pro tems' status.  The position essentially requires that the Senator is always going to be at least 80, and call me ageist but I don't think that's a good idea during an extreme national emergency, which is the only time the pro tem would ever possibly inherit the office and entire idea behind the PSA in the first place.

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5th amendment time for real.  He's a raving madman running amok.

https://www.law.cornell.edu/constitution/amendmentxxv

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The 25th Amendment, proposed by Congress and ratified by the states in the aftermath of the assassination of President John F. Kennedy, provides the procedures for replacing the president or vice president in the event of death, removal, resignation, or incapacitation.  The Watergate scandal of the 1970s saw the application of these procedures, first when Gerald Ford replaced Spiro Agnew as vice president, then when he replaced Richard Nixon as president, and then when Nelson Rockefeller filled the resulting vacancy to become the vice president.

 

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46 minutes ago, Mlle. Zabzie said:

Right - I view the Louisiana case as an additional push in the direction of getting the federal government out of the business [WHICH IT SHOULD BE IN] of ensuring that women have the right to sovereignty over their own bodies.  Functionally, the federal right is pretty much gone already because of Casey and its mishy mushy "undue burden" standard.  I'm actually sort of surprised that Casey lasted as long as it did, because it's not good law, but it has held because no one has really had the stomach to do anything else.  I personally think it is relatively likely that Casey gets overruled/functionally overruled, that Roe stands on a titular basis, but the new standard (whatever it is) will functionally overrule 7/8 of Roe.

The reason its stood is because enough conservative elites don’t actually want it overturned. It, along with the Second Amendment, are their best electoral boogeymen. Methinks that’s changed now.

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1 hour ago, Tywin et al. said:

The reason its stood is because enough conservative elites don’t actually want it overturned. It, along with the Second Amendment, are their best electoral boogeymen. Methinks that’s changed now.

Yeah agree - also I think the stare decisis taboo was stronger.  I'm pretty sure as of June 30, 2020, Roe's only remaining relevance will be that the federal government will not be able to regulate a state's ability to permit abortions, which, of course, will (i) cause certain parts of the constituency to have a states' rights v. outlaw abortion struggle (know how that turns out!) and (ii) cause there to be a lot more pressure to find a federal angle.   

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3 hours ago, Mlle. Zabzie said:

Indeed.  Caligulesque.  (or, perhaps we should call him Guantigula...but I digress).

Roman history is not actually my strong suit, but Caligula was not really crazy tho. The appointment of his horse as consul (I think it was a consul) was more of a way to provoke the senate. He basically lived what Rubio claimed Twitler did with his investigation requests.

While the orange one is just stupid and deranged.

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1 minute ago, A Horse Named Stranger said:

Roman history is not actually my strong suit, but Caligula was not really crazy tho. The appointment of his horse as consul (I think it was a consul) was more of a way to provoke the senate. He basically lived what Rubio claimed Twitler did with his investigation requests.

While the orange one is just stupid and deranged.

I believe Caligula stopped an invasion of Britain to attack the sea god Neptune instead.  But that comes from the notorious gossip Suetonius, so is maybe apocryphal, or the "seashells" gathered as spoils of war might have been slang for something else.  But I prefer the Suetonius story, my own self.

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