Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[hector13]

Well there is such a thing as taking the constitution as being an infallible document as and when it was written, never mind that society maybe sorta kinda changed in the ensuing 2.5 centuries and possibly needs the jurisprudence to change with it.

Which is mind-boggling to me personally, but I don’t have a law degree so what do I know.

[nenjin]

You know common sense. The people that claim in the Constitution is an infallible document are the same people that believe in the Almighty Sky Spirit who is never wrong about anything, and who by the transitive property of "fuck you", grants the same infallibility to mere mortals that interpreted their wishes.

[wierd]

in this case, the constitution simply states that the supreme court is the supreme court, and enumerates what classes of cases it will decide on.

Specifically:

Article III.
Section. 1.

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
Section. 2.

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;— between a State and Citizens of another State,—between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Since the issue of persons leaving one state (where abortion is not legal) to go to another (where abortion is legally protected) to obtain an abortion, falls squarely within these enumerated classes-- Namely "—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;"..."— between a State and Citizens of another State", to which the controversy of abortion applies to all three--  the SCOTUS's ruling on Roe-v-Wade is a legitimate case to be heard and decided by the SCOTUS, and this new decision only just causes this kind of case to be forced to be decided YET AGAIN in the future--  The constitutionality of the Roe v Wade case is unquestionably within the scope and purpose for which the SCOTUS was established, **IN THE CONSTITUTION**.

Asserting that the SCOTUS hearing and deciding on Roe v Wade is somehow unconstitutional, is clearly made by somebody who apparently has reading comprehension problems.

Now, as relates to RIGHTS, which the constitution has the 9th amendment, which reads:

Ninth Amendment

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

which is in accordance with what would be within the United States Bill of Rights-- which has this to say:

Article the third... Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

(Meaning that the personal religious views of certain members of government shall not be interpreted to be the law of the land, and that no such laws respecting a specific religious view are to be enacted.)

AND--

Article the eleventh... The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

EG, just because it is not specifically cited, does not mean it is not a right, and attempting to assert such a position is forbidden by the bill of rights. (JUSTICE ALITO.)



As you can clearly see, the text in the constitution is not at all unreasonable, and in fact, is completely counter to the notion set forth in the preliminary decision by the SCOTUS about Roe v Wade.

[martinuzz]

A lot of Republicans have signaled a willingness to help LGB people if they unite in throwing trans people under the bus, so there's that, I suppose.

What is it with republicans and throwing the T overboard?

[wierd]

The T are just people confused about what bits they have, and should be referred to by the pronoun associated with the naughty bits they have, of course. /s

[MrRoboto75]

The T are just people confused about what bits they have, and should be referred to by the pronoun associated with the naughty bits they have, of course. /s

The party of small government installing genital inspection officials in every public bathroom

[None]

I am greatly worried at this for all the women, queer friends, and minorities this'll end up leveraged against. I don't believe for an inch it'll stop at 'just abortion,' given that every prior precedent for how we appoint judges or assertions that prior rulings are too old to be upturned now have been entirely discarded.

This lays bare a bunch of fundamental rights to one's own autonomy and one party is actively waging ideological warfare against the people protected by those rights, largely for political clout. It's cruel and dangerous. Stand in solidarity with the women and LGBTQIA folks in your life, or find some to stand with.

[Rolan7]

Reminder that NC considered a bill to genitally inspect school children and require teachers to report gender-non-conforming students to their parents...

Please consider voting in your local primaries.  It's a lot more fun and interesting than voting in the general presidential election, and it's often a more impactful ballot too.  It's the easiest way to challenge the 2-party system and hold the Democrats responsible for their promises...  And/or get more actual progressives to the front of the party!  Early primary voting is happening right now in many states.

[Vector]

For those who want to help, I am asking for the following three things.

1. Protest.

2. Get formal training in intervening in microaggressions. You can get a good workshop for about $200 at most and they will make you more effective and skilled. Look for your local social justice collective. I am so fucking tired of people standing by because it's not "nice" to intervene.

3. Get ready to open your wallets during midterms. If you don't have money, vote in your local election and harass all of your friends and relations to vote.

[Starver]

A lot of Republicans have signaled a willingness to help LGB people if they unite in throwing trans people under the bus, so there's that, I suppose.

What is it with republicans and throwing the T overboard?

...don't worry, Martinuzz, *I* got your little Boston-based joke. )

[martinuzz]

 

I wonder how much effort would be needed to convince republicans that LGBT actually stands for Love God Ban Taxes, so they'll vote pro-LGBT.
Two or three Twitter posts might be enough.

[Iduno]

Well, at least Biden's keeping his campaign promises that corporate donors won't see any changes from Trump, and he'd get them to overturn Roe v Wade.

[alway]

3. Get ready to open your wallets during midterms. If you don't have money, vote in your local election and harass all of your friends and relations to vote.

So on this point in particular, if you have money to spare, don't waste it on political parties. Direct action is where it's at. Build communities, support others with what you can spare. Help folks get to safety and make sure they have the resources to sustain themselves afterwards. This includes the basics like food, meds, and shelter, as well as things like job/home skills. You can't fix america, but you sure can get started on building the society you want to live in.

[MaxTheFox]

"Freedom for me, not for thee!"

--The motto of American conservatism

[wierd]

More, "HELP HELP, I'M BEING OPPRESSED!!!" (By being told that I cannot force my religious/spiritual/political views onto other people with force of law.)

Which is exactly what banning abortion *is*.

(along with the Fl schoolbook bans, etc.)