I fear that Roe v Wade may reach the high court next year

[PlanetBev]

With all these ALEC written identical state restrictions being rammed through all at the same time, the five Fascists on the Supreme Court might just decide this their perfect opportunity to jump on this.

I've been involved in abortion rights in one way or another for over 35 years. I've always lived in fear that it would come to this.

I'm very upset right now.

[DearAbby]

1. Almost like stepping back in time

where we had FREE STATES and SLAVE STATES. This issue is also a brick wall for the GOP, the majority of the people want abortion, rare, safe and legal. Do we have to go through this again. With the Background checks 90+% of the people approved..they still voted it down. They clearly have a different agenda than governing the will of the people. Just makes you wonder, who is backing this coup?

When will they legislate Burkas?

[BlueDemKev]

2. There are still 5 justices who support Roe

Kennedy plus the four liberals. Remember, Kennedy helped write the 1992 opinion which affirmed the right to choose.

[Chan790]

9. Casey v. Planned Parenthood of PA.

Last edited Mon Jul 8, 2013, 05:18 PM - Edit history (1)

One of the most interesting and misunderstood rulings in recent history...it's basically a split decision that only half-upholds Roe while striking down only 1 of the 5 state regulations being challenged by PP of PA.

What many people don't know is that Kennedy switched positions at the last minute to write and support the 3-justice plurality decision also supported by O'Connor and Souter; he was in the process at the time of writing a majority opinion supported by Scalia, Rehnquist, White and Thomas. The Casey decision came within weeks of going the other way and striking down Roe v. Wade.

I wouldn't automatically count on Anthony Kennedy to uphold Roe v. Wade.

The Casey in question was PA Gov. Bob Casey, the father of current US Senator Bob Casey of PA.

http://en.wikipedia.org/wiki/Planned_Parenthood_v._Casey

Edit: It was Souter, not Breyer.

[Ter]

13. Very true

I also have a hunch he regrets it. Also, is there any chance one of the 4 liberals might vote to strike it down? Whether they are for or against abortions rights is irrelevant as a Justice. They vote on what they believe is constitutional or not.

[BlueDemKev]

14. Actually, Souter was the third vote (Breyer wasn't on the court yet)

MAJORITY:

O'Connor
Kennedy
Souter
Blackmun
Stevens


DISSENT:

Scalia
Thomas
White (original Roe dissenter)
Rehnquist (original Roe dissenter)


SINCE 1992:

White was replaced by Ginsburg (+1)
Blackmun was replaced by Breyer (No change)
Rehnquist was replaced by Roberts (No change or +1)*
O'Connor was replaced by Alito (-1)
Souter was replaced by Sotomayor (No change)
Stevens was replaced by Kagan (No change)

*Didn't Roberts say that Roe v. Wade was "settled law" in his confirmation hearings?

[Chan790]

15. Thanks. I looked it up then made the mental error in transcribing which 3 were on the decision. n/t

[EC]

3. A women's privacy rights haven't changed.

and that is what the case was decided on.

[mnhtnbb]

4. The ALEC folks have figured out how to restrict access under cover of concern about 'safety'.

I expect hospital ER's in these states need to be prepared for more patients
presenting with infection or trauma due to botched, illegal abortions.

[Proud Liberal Dem]

5. and creating more Gosnells as well

What the hell is going on out there???? It's the 21st Century for crissakes! We seem to be moving forward on equality for LGBTs but seem to be falling backwards on racial and economic issues, and Roe V. Wade is being continually chipped away it- to the point that states are pretty much getting to do what they want to make abortion inaccessible if not illegal. And religious organizations/businesses are going to war over religious freedom over birth control?!

[okaawhatever]

11. It's another group, similar to ALEC that's writing all the legislation for this.

They were discussed on Rachel's show or another host on msnbc. I can't remember the name, but it's the religious right version of ALEC. Also, have any of you looked at what they're doing with women whose babies die due to drug use? Putting them in prison for murder. That's what we're looking at with this legislation, except the parameters will go beyond drugs. I'll try to find the name of the group.

[Rozlee]

6. I think that they won't touch Roe v. Wade.

For the simple reason that they'd have to answer the touchy question of "When does life begin?"

For the fanatics, it's at the moment that the sperm meets the egg. That would entail some methods of contraception that cause the uterine lining to thin as a secondary method to make implantation of a fertilized egg less likely in the event ovulation occurs. The justices know that they'd be raising a shit storm with the majority of women who don't want their contraceptives and reproductive choices limited or interfered with. They must know that the backlash might effect the selection of future judicial candidates in favor of more moderate to liberal ones. I feel that they'd blink and punt it back to the states, especially if there was a circus outside the Supreme Court steps with anti-choicers parading around in their usual fashion with their extremism and jars of pickled fetuses.

[dawg]

7. Good thing we all agree there is a Constitutional right to privacy.

That's what the original opinion was based on, you know.

[polichick]

8. I'd bet that four on this court would have no problem explaining why abortion isn't...

...actually about privacy.

[blkmusclmachine]

10. .

.

[davidpdx]

12. We all know this was a long time coming

Conservatives have been trying to get legislation passed and set up a case for Roe to come before the SC again. I hate to say this, but we can only hope Scalia, Kennedy or Thomas drops dead soon (I'd bet on Scalia, but I'd take any of the three) so Obama can appoint another justice. At the same time we have to hope Ginsburg holds on for at least another 4 years as she's indicated she won't resign before 2016 (and if she resigned in 2016 it would be a nightmare).

[JM42]

16. I'd give it three or four years, but just to be safe, keep your coat hangers handy.

If someone resigns from the court under Obama, the Senate will surely kill his nomination. I don't know what 2016 will bring, but if it's a Republican who appoints the next justice, womens rights are dead on the scene. ALEC is just working through the motions in the hope that a wingnut gets into the White House. Back-room abortions are beyond dangerous, but the GOP wants to bring them back. They don't consider women to be human and don't mind if they die a horrible death. I don't consider Republicans human. All they strive for is death and destruction in the name of "God".