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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSupreme Court weighs whether to hear first challenge to Roe v. Wade since Kavanaugh joined bench
WASHINGTON - The Supreme Court on Friday weighed whether to hear a case involving the landmark Roe v. Wade decision, the first direct challenge to abortion rights the court has faced since Justice Brett M. Kavanaugh took his seat.
The case involves an appeal from Indiana, which seeks to enforce a state law that forbids abortions by women who cite Down syndrome, or the sex or race of the fetus, as a reason for ending a pregnancy.
Justices reviewed the matter privately Friday but were not expected to announce whether they will take the case until next week at the earliest.
When Justice Anthony Kennedy was on the court, state lawyers did not seek to challenge Roe v. Wade, since Kennedy had voted to uphold the right to abortion decades before. But Kavanaugh, who replaced Kennedy on the court, has been seen as more conservative and open to limiting or overturning the right to abortion.
https://www.msn.com/en-us/news/us/supreme-court-weighs-whether-to-hear-first-challenge-to-roe-v-wade-since-kavanaugh-joined-bench/ar-BBROoJ1?li=BBnb7Kz
mr_liberal
(1,017 posts)I think thats more likely than Roberts does.
As long as Susan Collins is in the senate Kavanaugh may vote to uphold Roe because thats what he promised her. Once she leaves the senate though then he'll feel free to vote against it. That is why I think he voted for Planned Parenthood in a case last year.
Thats a best case scenario. Roe will only last until Collins leaves the senate. The only other way to save Roe is for a Democrat to win the Pres in 2020 and replace Thomas if he retires.
customerserviceguy
(25,183 posts)He doesn't owe shit to Collins. She cannot have him removed because he lied to her.
mr_liberal
(1,017 posts)Collins can cause trouble for the Republican party if Roe is overturned. There'd be the political fallout anyway, but that would add to it that Kavanaugh promised to respect precedent and had lied to get confirmed. It would damage the court to. When Democrats take control it could be an argument for them to do something about it, like add seats etc.... Republicans and the supreme court knows this.
customerserviceguy
(25,183 posts)was not about providing abortion services, it was about PP providing other health services to women, that were non-objectionable to reich wingers.
He's a dyed-in-the-wool conservative Catholic, and he has vowed war on our side in his own confirmation hearing.
mr_liberal
(1,017 posts)And Kavanaugh was attacked on conservative websites.
Wait and see. If Kavanagh votes to uphold Roe you'll know why.
customerserviceguy
(25,183 posts)wanted to screw over PP in any way possible. Kavanaugh is surely aware that PP provides non-abortion services that are essential, and to him, OK.
We'll see what happens when the rubber meets the road.
Polybius
(15,437 posts)Why can't he be pro-choice on his own? Many Republicans are pro-choice, and otherwise very conservative. Catholics too.
mr_liberal
(1,017 posts)If he does vote to uphold just don't jump to the conclusion that he's pro choice because of one case because I could be right. I wouldn't feel safe in calling him pro-choice until many years have passed, there's maybe a new president, another justice has been confirmed, etc.... and he's not under as much political pressure.
Polybius
(15,437 posts)Don't flame me, but I heard Gorsuch's answers and Kavanaugh's answers on Roe. Just from what I heard, it sounded like Gorsuch would strike it down, and Kavanaugh wouldn't.
During his hearings, super-anti-abortion Rick Santorum said something like Kavanaugh's answers "don't sound too assuring that he'll overturn Roe." I'm going to stick with my view that Kavanaugh will vote to uphold it. Thomas and Alito are 100% going to vote to strike it down, and it's extremely likely that Gorsuch will too. Roberts is the question mark, but it appears that he is very socially conservative. Probably a 65% chance he strikes it down. It all rests on Kavanaugh.
mr_liberal
(1,017 posts)Im glad he was confirmed because if he wouldn't have been Trump would have nominated someone much more conservative. Kavanaugh does have the potential to be at least somewhat moderate. I think that may be why he was chosen to replace Kennedy so the court wouldn't shift too far right too fast.
secondwind
(16,903 posts)Most likely this summer.
oberliner
(58,724 posts)uppityperson
(115,677 posts)why they are getting an abortion, in your opinion? What reasons should be valid? I am curious as you sound like you disagree with it being woman and her doctor, not the state, may decide whether to abort a pregnancy before the fetus is capable of living on its own.
Edited to add, no, you can't abort a child. Stop it.
oberliner
(58,724 posts)A woman go can to an abortion clinic and assert that she is having the abortion because she doesn't want a "mixed-race" baby.
uppityperson
(115,677 posts)The decision is between the woman and her doctor. She doesn't have to give a reason or "assert" anything.
oberliner
(58,724 posts)But I didn't realize she could present that way and it would not be a problem.
uppityperson
(115,677 posts)oberliner
(58,724 posts)uppityperson
(115,677 posts)Why is up to the woman, and her doctor as a secondary person. There all sorts of underlying contributing factors, but it is up to her to decide whether or not to remain pregnant. It is not up to anyone else to say she is racist, sexist, any other ist, or that she is bad for having her 3rd or 10th abortion, that she is a murderer or selfish or any other of the myriad of subjective opinions thrown her way.
Respect women. Understand that there is no right way to act, react, want to be. You don't want to be pregnant? Can I help? No? Ok. Let's get on with it.
Hermit-The-Prog
(33,356 posts)Government has no right to insert itself between a woman and her uterus.
Hekate
(90,714 posts)...the health of the mother. From Day One of Roe vs. Wade.
During the first trimester a woman may choose to terminate her pregnancy for any reason she privately holds. I don't think birth defects are really determinable that early.
If a couple knows in advance that a fatal birth defect runs in the family and if they can afford screening and fertility treatments, they may well decide to select zygotes based on which carry those genes. If possible.
During the second trimester some restrictions may apply, but at that stage is typically when various birth defects are more evident. Abortion becomes less safe for the mother the farther along she is, so there is usually a compelling reason. Abortion is still safer than 9 months of pregnancy and giving birth, however.
It is still a private matter between a woman and her doctor.
You know all this, however, don't you? You also know that third trimester abortions are vanishingly rare and are done for urgent medical reasons.
You know all this, but choose deliberately provacative language (child, sex, race) designed to cast doubt on the ability of women to make decisions for themselves, and to move the ability of those decisions into the hands of RW lawmakers. Which is what the various state laws restricting abortion are doing already.
Thanks for your input, though.
uppityperson
(115,677 posts)I missed that they used that language.
Hekate
(90,714 posts)Some people like to provoke whenever the opportunity presents itself. On the other hand, I was an adult when Roe vs Wade passed and I am not stupid. If we don't speak up every time someone drags out all the old slurs designed to show that women cannot be trusted with their own health care decisions, the SCOTUS and all 50 states will ultimately revert to conditions of a century ago.
Abortion is part of the continuity of women's health care, not apart from it. Pregnancy is not a punishment for female sexuality.
uppityperson
(115,677 posts)roamer65
(36,745 posts)Governor Cuomo wants it on his desk by the end of January.
Progressive Jones
(6,011 posts)The only way, it seems, to protect Roe v Wade is on a State-By-State basis.
There will always be States where abortion remains legal.
mr_liberal
(1,017 posts)Roe made abortion legal in the whole country. State by State is the way it was before Roe. Thats what would happen if Roe was overturned.