Supreme Court Cases Thread

[dal9]

https://twitter.com/ACLU/status/1524431029473316866

yeah it's such a rote thing to say nowadays (that XXX minority group is disparately impacted) that i think it just kind of slipped in...no way it's right

[dal9]

So spracs is there a path forward to where this decision could be reconsidered? Can they overturn an overturning? Or is Roe now a white elephant gift that has been stolen for the 3rd time? Like would a new case have to go to the SC, then the SC would have to agree to hear it, and then make an all new decision?

there would have to be a new case for the Court to overrule.  so it would take time.  More importantly, you'd need 2 new democratic justices to replace 2 republicans.

[catastrophe]

https://twitter.com/ACLU/status/1524431029473316866

Especially in their younger years, many LGBTQ+ people have been known to engage in heterosexual sex, either to try to prove to themselves or others that they're straight. Maybe that has something to do with it. I don't actually know, but it would make sense to me.

[8manpick]

Thomas’ opinion directly cited reconsideration of Griswold, Lawrence and Obergefell. It takes a couple more dominoes, but it could get there.

[_33]

https://twitter.com/ACLU/status/1524431029473316866

Especially in their younger years, many LGBTQ+ people have been known to engage in heterosexual sex, either to try to prove to themselves or others that they're straight. Maybe that has something to do with it. I don't actually know, but it would make sense to me.

Well, sure, a LGBT person could have an unwanted pregnancy. But effecting them at disproportionately higher rate than, you know, straight women. How?

[BIG APPLE CAT]

_33 where are you going with this? Is the implication that the ACLU is just making crap up?

[catastrophe]

https://twitter.com/ACLU/status/1524431029473316866

Especially in their younger years, many LGBTQ+ people have been known to engage in heterosexual sex, either to try to prove to themselves or others that they're straight. Maybe that has something to do with it. I don't actually know, but it would make sense to me.

Well, sure, a LGBT person could have an unwanted pregnancy. But effecting them at disproportionately higher rate than, you know, straight women. How?

Well if you're comparing unwanted pregnancies then I assume the proportion of straight women vs. LGBT is about even as far as wanting abortions. I just think the proportion of LGBT pregnancies that are "unwanted" is probably dramatically higher as compared to straight women.

[cfbandyman]

_33 where are you going with this? Is the implication that the ACLU is just making crap up?

I think what he's trying to get at is if you're gay, you're obviously not having kids, and if you're a lesbian then you'd be most likely artificially inseminated (not always of course) so therefore how could the pregnancy be unwanted. Just trying to guess at it

[cfbandyman]

FTR and I feel like I can speak on it since she broke the news officially on fb, but another key to this whole thing is this idea that so many abortions are because it was an unplanned/unwanted pregnancy. Sure there is that, but take my cousin, who very much wanted to have her baby but found out it had some pretty unfortunate genetic disorders that would make the kid deathly allergic to UV and high cancer rates. They very toughly decided to end it. Also FTR, they're catholic.

None of this is ever easy, and ever as clean cut as people like to make of it. Genetics, poverty, uncertainty, lack of education, and a system that doesn't support after the child is born. 

Banning abortion only increases problems, it does not solve the issue.

[chum1]

_33 where are you going with this? Is the implication that the ACLU is just making crap up?

It's important to take the time to see that both sides are flawed here.

[chum1]

https://twitter.com/ncrawfordmd/status/1540346670113759233

[dal9]

_33 where are you going with this? Is the implication that the ACLU is just making crap up?

It's important to take the time to see that both sides are flawed here.

i don't think it's that, but it's fair to point out that it's a pretty stupid tweet by aclu...like i say, the mindless "everything bad affects every minority group disproportionately"...sure, that's usually true, but think for a half second before tweeting...

[dal9]

FTR and I feel like I can speak on it since she broke the news officially on fb, but another key to this whole thing is this idea that so many abortions are because it was an unplanned/unwanted pregnancy. Sure there is that, but take my cousin, who very much wanted to have her baby but found out it had some pretty unfortunate genetic disorders that would make the kid deathly allergic to UV and high cancer rates. They very toughly decided to end it. Also FTR, they're catholic.

None of this is ever easy, and ever as clean cut as people like to make of it. Genetics, poverty, uncertainty, lack of education, and a system that doesn't support after the child is born. 

Banning abortion only increases problems, it does not solve the issue.

the documentary After Tiller (on Prime and Tubi) is good on this (focusing on late term abortions)

[catastrophe]

FTR and I feel like I can speak on it since she broke the news officially on fb, but another key to this whole thing is this idea that so many abortions are because it was an unplanned/unwanted pregnancy. Sure there is that, but take my cousin, who very much wanted to have her baby but found out it had some pretty unfortunate genetic disorders that would make the kid deathly allergic to UV and high cancer rates. They very toughly decided to end it. Also FTR, they're catholic.

None of this is ever easy, and ever as clean cut as people like to make of it. Genetics, poverty, uncertainty, lack of education, and a system that doesn't support after the child is born. 

Banning abortion only increases problems, it does not solve the issue.

That’s always how it goes. It’s impossible for people to understand the other side of the issue until they’re in that position or someone close to them is.

[8manpick]

If there is a silver lining here, it’s that we can stop with the charade that the Supreme Court is an apolitical body sitting above the fray. It was silly to believe that before, but now it’s wholly incoherent.

[MakeItRain]

I had forgotten about the court packing option. No longer seems so crazy.

lol are you serious? This was the end goal with mitch blocking Garland. We've seen this coming down the pipe for years. The democrats are toothless fools. They'll continue to let the republicans beat their rough ridin' asses by playing dirty.

[MakeItRain]

Trav from cyclone nation thinks it’s inevitable now. I would mean with his knowledge on the issue.


Sent from my iPhone using Tapatalk

Can you read? A supreme court justice wrote the same thing.

[sys]

https://twitter.com/ACLU/status/1524431029473316866

yeah it's such a rote thing to say nowadays (that XXX minority group is disparately impacted) that i think it just kind of slipped in...no way it's right

i've seen it defended on twitter.  according to the sourcing there, it's apparently based on a study that found that among lgtbq individuals that had heterosexual sex with men and heterosexual women that had heterosexual sex, the lgtbq individuals were more likely to have had an unwanted pregnancy.

[8manpick]

Trav from cyclone nation thinks it’s inevitable now. I would mean with his knowledge on the issue.


Sent from my iPhone using Tapatalk

Can you read? A supreme court justice wrote the same thing.

This

[sys]

i've seen a lot of talk about a federal legislative replacement for roe (or conversely a federal abortion ban), and i'd appreciate it if any of the lawyers who blog here can comment on what authority the federal govt would have for either.

[dal9]

https://twitter.com/ACLU/status/1524431029473316866

yeah it's such a rote thing to say nowadays (that XXX minority group is disparately impacted) that i think it just kind of slipped in...no way it's right

i've seen it defended on twitter.  according to the sourcing there, it's apparently based on a study that found that among lgtbq individuals that had heterosexual sex with men and heterosexual women that had heterosexual sex, the lgtbq individuals were more likely to have had an unwanted pregnancy.

ok, but the tweet says "lgtbq individuals" not "lgtbq individuals that had heterosexual sex with men"...plus even for the "lgtbq individuals that had heterosexual sex with men vs heterosexual women" thing, u probably have to say like "per sexual encounter." 

[sys]

ok, but the tweet says "lgtbq individuals" not "lgtbq individuals that had heterosexual sex with men"...plus even for the "lgtbq individuals that had heterosexual sex with men vs heterosexual women" thing, u probably have to say like "per sexual encounter."

yeah, it's a stupid tweet.

[dal9]

i've seen a lot of talk about a federal legislative replacement for roe (or conversely a federal abortion ban), and i'd appreciate it if any of the lawyers who blog here can comment on what authority the federal govt would have for either.

you could probably stretch the 14th amendment (equal protection to codify roe and due process for fetuses to ban abortion nationwide) and/or the commerce clause to cover either...but remember, the federal government has authority if SCOTUS says they do, which, as we see, depends heavily on who the justices are....

[Spracne]

Well, sys, I'd like you to stop being so contrarian with your "I'm just asking questions" schtick about how (one particular of six listed) marginalized groups might be disproportionately impacted by new state laws expected to or already existing in a majority of states designed to make abortions difficult or impossible. Is it that inscrutable for you to understand? I doubt it, because you're a sharp guy.

[Spracne]

i've seen a lot of talk about a federal legislative replacement for roe (or conversely a federal abortion ban), and i'd appreciate it if any of the lawyers who blog here can comment on what authority the federal govt would have for either.

Depends on whether such a law supports abortion rights or bans them, frankly.