Roe v. Wade Not Just about Abortion...Birth Control Endangered too.

[Tommymac]

Roe v. Wade is a Landmark decision that is about the fundamental Right of Privacy.

The Constitution does not explicitly grant this right; it is however implied in several places, including the 14th amendment.

http://www.tourolaw.edu/patch/Roe/#op
From: ROE v. WADE Decided January 22, 1973 MR. JUSTICE BLACKMUN delivered the opinion of the Court.

"This right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy."

Overturning this decision could turn back the clock for a lot of social change made in the last 50 years. Hard fought battles for individual rights will have been in vain.

For instance, do you like Birth Control? If Roberts does get appointed and R v. W is overturned, say goodbye to that.

http://www.planetwire.org/details/5352

"That is, although the founding documents do not explicitly guarantee privacy rights to individuals, such rights are implicit in them. The decision paved the way for Eisenstadt v. Baird, the 1972 Supreme Court decision that extended the same privacy protections – and thus the right to birth control – to unmarried women."

It's not just about Abortion, people. It's about whether or not we want to surrender another chunk of our right to Privacy. First they used the War on Terror to pass the Patriot Act stripping away a lot of our rights 'for safety'. Now they want to erode them even more in the name of Abortion. Look behind the issues....the neocon/corporatist agenda is not about Individual's Rights...it's about Controlling Individuals.

[Inland]

1. Abortion rights of SOME kind follow as a matter of logic from Griswold.

To overturn Roe, they have to overturn the right to control one's health care, to have or not have children, to have sex, even between married partners, on whether to raise your kids knowing the German languague....all precedents for Roe.

[cynatnite]

2. I would add the right to medical privacy

The government would right in the middle of a private medical decision making...where they have no place to be.

[electron_blue]

3. terry schiavo terry schiavo terry schiavo

the groundwork has been laid, folks.

[LynneSin]

4. Hell, every miscarriage will be investigated

Say you're a married pregnant woman and you miscarry during that pregnancy. There will be questions made as to whether this was an 'accident' or if something was done that caused the miscarriage.

We are so screwed. I'm glad I'm almost out of my childbearing years!

[friesianrider]

6. Very scary indeed.

Seeing how abortions are still pretty difficult to obtain today (parental notifications, mandatory waiting times, protestors blocking/harassing patients and workers, clinics being driven out of areas, etc) I think this is one problem we REALLY have just cause to worry about.

[MountainLaurel]

9. They tried it in VA already

During the legislative session:

http://democracyforvirginia.typepad.com/democracy_for_virginia/2005/01/legislative_sen.html

Background: Reporting of Fetal Deaths

Almost all states mandate reporting of fetal deaths to vital statistics bureaus. These statistics are then collected nationally by the CDC. In most states, health care providers must provide statistics on fetal deaths after 20 weeks gestation (or at a certain fetal weight approximating 20 weeks gestation). Virginia is one of only 7 states, however, that mandate the reporting of deaths of all “products of conception” regardless of gestational age. This includes both spontaneous losses of pregnancy and induced terminations of pregnancy, though the required data fields are different for abortions.

In Virginia, all losses of pregnancy must be reported by health care providers according to current law. The reality, though, is that countless women experience spontaneous abortions in the first few gestational weeks without even being aware of pregnancy, so not all pregnancies of early gestational age are reported. Women who experience miscarriages at home without a doctor’s care may not even think to inform their doctors, especially if the pregnancy is so early that they have not yet even sought prenatal care. Until this bill, though, no one has suggested it was in the interest of the Commonwealth of Virginia to track down these unreported losses of "products of conception".

The Bill: text
When a fetal death occurs without medical attendance, it shall be the woman's responsibility to report the death to the law-enforcement agency in the jurisdiction of which the delivery occurs within 12 hours after the delivery. A violation of this section shall be punishable as a Class 1 misdemeanor.

[FreedomAngel82]

11. I remember reading about that

And then there was a woman who had a miscarriage and she and her husband didn't tell the police because they wanted to tell their other family members first. I don't think anything happened to them but that's still very scary to think about. :scared:

[AnnInLa]

5. I continue to believe that Repuke-type men

want to take women back to the good-ole-days when women did their "work" in the home, had no say so over their own bodies, and were "property" of the men. They really believe, but will not say too loudly, that they think women should be submissive to men, (according to their bible.) They will do anything to stop women from having access to birth control, because when women stop practicing birth control, that ensures women will stay in the home, leaving the job market almost exclusively for men. It has never ceased to amaze me that the loudest extremists against abortion are men. You can just tell by listening them that they want women back in their place.

[friesianrider]

7. That is so true.

They covet the "traditional" family, which to them absolutely means a woman at home, with the kids, and pregnant with another.

I'm sorry, but until men get pregnant, I really don't care what their views on abortion are.

[SoCalDem]

17. "Women at home" is a myth anyway.. and a short lived one at that

Women have always shouldered responsibilities.. Ancient woman hunted for berries, kept the children from being eaten by wild animals, and tended close-by crops..while the men went on hunting expeditiond..

Less ancient women worked side by side with their husbands in cottage industry type family businesses to get by, and often tended a vegetable garden..in addition to making soap, candles, preparing meals, making the family's clothing from fabric spun by the woman..

Industrial revolution women worked in factories because everyone had to work to survive..even children.

Depression era women took in laundry, did sewing, dis anything to help the family.. even men didn't work much then..

WWII changed to parameters in that women now could do jobs that had previously been exclusively men's work. and they had the added feature of not having the man around to tell them how to spend the money..That's when the mindset changed.. Women , for the first time had disposable income and were free to spend it..Rationing meant that there wa snot a lot to buy, so they saved money and built up a nest-egg.. They got some of what men had always had.. Power..

They were shamed into relinquishing those jobs when the men came back, and sent off to procreate..like they "were supposed to"..Most did this willingly, because they were raised in an era where this was normal, and for some it was great.. The housing deals and car deals gave this group of young people some freedom they had never had before, and they grabbed it with both hands..

Those are "Boomer parents" and they were the FIRST generation to start out on their own , en masse with homes, cars , union jobs for the men.. The people who run America, are mostly from the generation who grew up as children of those people.. They look back to their childhoods and want it back..

The dirty truth is that the life they led as kids, was a snippet of time, and was not self-sustaining or even real..

Women have always worked, except in recent times, they have just demanded proper payment and respect for the work they do :)

[friesianrider]

19. Excellent point...

My Mom just brought that point up the other day. In "colonial" days, women did much of the outside hard labor, while the husband worked somewhere else. They surely did not spend all their time inside the home cooking - taking care of the animals, repairs to the home/barns/buildings, farming, etc.

[Angry Girl]

8. I second that!

Just take a look at that pathetic Laura Bush. A "librarian" who doesn't even know how to spell "hatered" or "comitted".

[FreedomAngel82]

12. If you try telling that to a rightwinger

they'll just say "what about the choice of the baby?" or something like that.

[SoCalDem]

16. It will also prevent women who are "newly pregnant" and not sure

about their intentions, from using their medical benefits (if they even have them) to even go to a doctor. These women will sit back and wait, and may actually endanger their health. What if doctors are required to file information somewhere as to the status of their pregannt patients?? and if after a year, those women do not claim that child's social security number with tax claims?? A visit for the authorities, asking about the pregnancy the doctor reported..??

Talk about a visit to the principal's office:(

Or maybe this is a ruse to scare poor women from accepting state/local aid for pregnancies.. ( a money saver..repubes love those ideas)

Big bother is watching:(

[Inland]

21. I believe repug men don't think it ever comes up with "good" people

and if it does, then "good" people just make arrangements to have a quiet abortion somewhere it's legal.

[FreedomAngel82]

10. Of course

It's the old "do as I say not as I do" ordeal. They get the privliages and their families and friends but damn the rest of us. :mad:

[napi21]

13. I took the time yestarday to read the Roe decision.

I'm not an attorney, and I admit I probably didn't fully understand it all. But I didn't see anything at all relating to birth control.

What in that opinion relates to that?

[Tommymac]

20. Read the second link in OP fro overview

of Griswald decision. This is the original decision that brought about Roe V Wade. It gave married couples the right to use birth control. (Later extended to unmarrieds).

It codifies the Right of Privacy, especially in regards to medical decisions.. A right not explicitly given in the Constitution. Roe v Wade "lowered the standard" of Griswald to be overturned , a 7-2 decision, to a 5-4 one. If Roe v Wade is overturned, the Griswald decisoon will be moot too. Goodbye right of Privacy.

Goodbye the ability to use Birth Control. Goodbye Stem Cell research. Goodbye confidentiality of your medical records. Goodbye the Dr./Patient privacy rules.

[alfredo]

14. Griswold Vs Conn granted married couples the right

to obtain and use birth control.

the right wing does not want a right to privacy. Privacy gets in their way.


http://www.historyofprivacy.net/Griswold.htm


MR. JUSTICE GOLDBERG, whom THE CHIEF JUSTICE and MR. JUSTICE BRENNAN join, concurring.
I agree with the Court that Connecticut's birth-control law unconstitutionally intrudes upon the right of marital privacy, and I join in its opinion and judgment. Although I have not accepted the view that "due process" as used in the Fourteenth Amendment incorporates all of the first eight Amendments (see my concurring opinion in Pointer v. Texas, 380 U.S. 400, 410 , and the dissenting opinion of MR. JUSTICE BRENNAN in Cohen v. Hurley, 366 U.S. 117, 154 ), I do agree that the concept of liberty protects those personal rights that are fundamental, and is not confined to the specific terms of the Bill of Rights. My conclusion that the concept of liberty is not so restricted and that it embraces the right of marital privacy though that right is not mentioned explicitly in the Constitution 1 is supported both by numerous <381 U.S. 479, 487> decisions of this Court, referred to in the Court's opinion, and by the language and history of the Ninth Amendment. In reaching the conclusion that the right of marital privacy is protected, as being within the protected penumbra of specific guarantees of the Bill of Rights, the Court refers to the Ninth Amendment, ante, at 484. I add these words to emphasize the relevance of that Amendment to the Court's holding.

[ananda]

15. Women and children screwed..

.. and royally.

Also, I just thought of another reason why Bush might've released Roberts' name a week early.

Some people are going down soon, and maybe he wanted to make sure the name was out there in time. He also wants the guy confirmed fast....

Sue

[DanCa]

18. I want to throw in stem cell research. (nt)

[BrklynLiberal]

22. kicked and nominated