Originally posted by USUC
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I think a federal blanket abortion law will be struck down. If it is a blanket abortion ban? Struck down. If it codifies Row? Struck down.Originally posted by BlueK View Post
Sure. Let's say Congress passes a law that legalizes abortion along with some restrictions they are able to negotiate and finally agree on. Huge legislative accomplishment, right? Well, some state will sue and then the justices will just find a way that the commerce clause or something else in there doesn't give Congress enough authority to do anything about it and out it goes..
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Historically, the Interstate Commerce Clause has justified almost any federal law. It's the basis for the Civil Rights Act.Originally posted by USUC View Post
I think a federal blanket abortion law will be struck down. If it is a blanket abortion ban? Struck down. If it codifies Row? Struck down.
Not too hard to imagine it supporting a uniform abortion law.When a true genius appears, you can know him by this sign: that all the dunces are in a confederacy against him.
--Jonathan Swift
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This is discussion excellent. Ironically, the criticisms go back to the Court's self-transformation in the 50-70s. The whole few strong rights paradigm is wrong, the tiny nine-member court hearing very few much ballyhoooed cases that categorically determine rights is a bad system. The Court is a politburo, and idiosyncratic, driven by one or two personalities at a time. The Ezra Klein Show: The Supreme Court Went Off the Rails Long Before Dobbs on Apple PodcastsWhen a true genius appears, you can know him by this sign: that all the dunces are in a confederacy against him.
--Jonathan Swift
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Emphasis on "historically." The majority of this Court probably will have a problem with many uses of the commerce clause for laws they're not keen on.Originally posted by SeattleUte View Post
Historically, the Interstate Commerce Clause has justified almost any federal law. It's the basis for the Civil Rights Act.
Not too hard to imagine it supporting a uniform abortion law.Last edited by BlueK; 07-01-2022, 02:34 PM.
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Tragically, another mass shooting today. Six dead. Luckily the SC has loosened gun control laws, and in the future there will be more people with guns in these crowds who will be better able to defend themselves against these pesky mass shooters."The mind is not a boomerang. If you throw it too far it will not come back." ~ Tom McGuane
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When I saw this news yesterday, I told myself that's it - repeal the 2nd amendment.Originally posted by Non Sequitur View PostTragically, another mass shooting today. Six dead. Luckily the SC has loosened gun control laws, and in the future there will be more people with guns in these crowds who will be better able to defend themselves against these pesky mass shooters.Ain't it like most people, I'm no different. We love to talk on things we don't know about.
Dig your own grave, and save!
"The only one of us who is so significant that Jeff owes us something simply because he decided to grace us with his presence is falafel." -- All-American
"I know that you are one of the cool and 'edgy' BYU fans" -- Wally
GIVE 'EM HELL, BRIGHAM!
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Very interesting poll on abortion rights, Roe v. Wade, etc. Read the entire thread to get all the results.
More evidence that Americans are schizophrenic and/or ignorant on the issue.
55% oppose overturning Roe. But at the same time, 44% say it is better for states to set abortion standards; 31% say Congress; and 25% say SCOTUS.
Also, 36% say Dobbs makes it more likely they will vote GOP in '22; 36% say more likely to vote for Dem.; 29% no difference."There is no creature more arrogant than a self-righteous libertarian on the web, am I right? Those folks are just intolerable."
"It's no secret that the great American pastime is no longer baseball. Now it's sanctimony." -- Guy Periwinkle, The Nix.
"Juilliardk N I ibuprofen Hyu I U unhurt u" - creekster
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I can live with 15 weeks, 6 weeks not so much. My fear is that there has been a lot of anti-Roe machinery in place for a long time, with the goal of fighting abortion, that now has nowhere to go except to campaign for further restrictions on abortion. It's not like all these groups who have been fighting to overturn Roe are now going to close up shop and go home.Originally posted by Jeff Lebowski View PostVery interesting poll on abortion rights, Roe v. Wade, etc. Read the entire thread to get all the results.
More evidence that Americans are schizophrenic and/or ignorant on the issue.
55% oppose overturning Roe. But at the same time, 44% say it is better for states to set abortion standards; 31% say Congress; and 25% say SCOTUS.
Also, 36% say Dobbs makes it more likely they will vote GOP in '22; 36% say more likely to vote for Dem.; 29% no difference."The mind is not a boomerang. If you throw it too far it will not come back." ~ Tom McGuane
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Yeah, democracy sucks... we need a dictator to tell us what to do. Hey, why doesn't Biden just issue an executive order?Originally posted by Non Sequitur View Post
I can live with 15 weeks, 6 weeks not so much. My fear is that there has been a lot of anti-Roe machinery in place for a long time, with the goal of fighting abortion, that now has nowhere to go except to campaign for further restrictions on abortion. It's not like all these groups who have been fighting to overturn Roe are now going to close up shop and go home."If there is one thing I am, it's always right." -Ted Nugent.
"I honestly believe saying someone is a smart lawyer is damning with faint praise. The smartest people become engineers and scientists." -SU.
"Yet I still see wisdom in that which Uncle Ted posts." -creek.
GIVE 'EM HELL, BRIGHAM!
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Get ready for a future of having your state legislature vote for president for you regardless of the voters in your state.The Court is set to rule on the independent state legislature theory this next term.
https://www.cnn.com/2022/07/05/polit...ers/index.html
The theory is that the US Constitution meant for state legislatures to be the only authority over elections, which means it overrides state courts or even state constitutions when it comes to elections. For example, a state's constitution may specify the process by which presidential electors are assigned but a ruling by the Supreme Court here in favor of the theory would throw all of that out.
Thomas (of course) leans heavily into this view along with Alito and probably Gorsuch. Not as certain what Kavanaugh thinks and nothing written or said on it so far by Barrett.Last edited by BlueK; 07-06-2022, 07:26 AM.
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God bless our Führer...Originally posted by Uncle Ted View Post
Yeah, democracy sucks... we need a dictator to tell us what to do. Hey, why doesn't Biden just issue an executive order?
Biden signs executive order aimed at safeguarding abortion rights"If there is one thing I am, it's always right." -Ted Nugent.
"I honestly believe saying someone is a smart lawyer is damning with faint praise. The smartest people become engineers and scientists." -SU.
"Yet I still see wisdom in that which Uncle Ted posts." -creek.
GIVE 'EM HELL, BRIGHAM!
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desantis will win in 2024 regardless of the voteOriginally posted by BlueK View PostGet ready for a future of having your state legislature vote for president for you regardless of the voters in your state.The Court is set to rule on the independent state legislature theory this next term.
https://www.cnn.com/2022/07/05/polit...ers/index.html
The theory is that the US Constitution meant for state legislatures to be the only authority over elections, which means it overrides state courts or even state constitutions when it comes to elections. For example, a state's constitution may specify the process by which presidential electors are assigned but a ruling by the Supreme Court here in favor of the theory would throw all of that out.
Thomas (of course) leans heavily into this view along with Alito and probably Gorsuch. Not as certain what Kavanaugh thinks and nothing written or said on it so far by Barrett.
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I believe you're right, and it will signal the end of American Democracy. I've been saying for a while that regardless of the outcome of the 2024 election, that year will be the beginning of a conflict that our country hasn't seen since the Civil War.Originally posted by Maximus View Post
desantis will win in 2024 regardless of the vote"The mind is not a boomerang. If you throw it too far it will not come back." ~ Tom McGuane
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Man, that is some gloomy outlook there. What gets you out of bed in the morning at this point? Politics is cyclical. The woke stuff is destroying your team. It's not great timing that's for sure, but eventually it'll swing back your way.Originally posted by Non Sequitur View Post
I believe you're right, and it will signal the end of American Democracy. I've been saying for a while that regardless of the outcome of the 2024 election, that year will be the beginning of a conflict that our country hasn't seen since the Civil War.
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