Thoughts on the news about Roe?

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The leak is far worse than the opinion and everyone in here with a law degree should feel the same way.

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P1 - sure it's a draft, but it was put together AFTER the court held the initial vote. While I find Alito's reasoning and analysis to be complete garbage, that's not the truly reprehensible part. The fact that 5 justices voted to carve out a pretty large and lethal chunk of our right to privacy is nothing short of alarming.

On your swipe regarding never hiring me to represent you - you'd never get the chance. I wouldn't consider taking you on as a client.

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Once I had sex that was, uh, not on my terms. In the emotional and physical wake of that, I realized I was in the fertile part of my cycle. The next day, as soon as stores opened, I started seeking Plan B. I had to go to three pharmacies, but I got it. When I broke the foil on the first pill, I cried. I cried in empathy for all the women who had made this same act under more dire circumstances, and I cried for all the women who had fought for me to have this power, who made it possible for me to regain control over my body after the worst case scenario. Taking that pill, I truly felt like there was a circle of women around me, guiding me, protecting me, sharing my pain. I knew I would be okay, and that I wasn’t alone.

Having an abortion is, I imagine, an even more fraught version of this story. I weep for the women who will face their hour of need without the kind of saving grace that I had.

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❤️

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Furious. Scared. Nervous. Anxious. What’s next?

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I will point you to A17’s comment above—what an ignorant response.

First, a woman may not always have agency over her body, especially when it comes to this issue. How convenient for you to forget that sex can be nonconsensual.

Second, a woman has no agency over how the fetus will develop and some women do have to make the extremely difficult decision of terminating a very much wanted pregnancy because of factors beyond their control.

Third, fighting childhood poverty should not be a political objective as you insinuate. If one side is against that, then that says everything about that side.

Fourth, your belief of when life begins is your belief. And why should the mother’s life matter less than the fetus? Bottom line, the choice belongs to the person’s whose body is at risk. It’s the same as making any other medical decision—you don’t get to decide whether a stranger gets chemo (or not) for cancer, do you?

Fifth, anti-abortion laws don’t do shit about preventing abortions either. They just force people to seek abortions under more dangerous conditions. You want people to act responsibly over this issue? How about broadening access to contraception and education about safe sex? Or is that another “leftist objective”?

Finally, the American dream you allude to is long gone. This issue is closely tied to worsening socioeconomic inequalities (women get shafted in employment matters compared to men, the poor grow up with nowhere near the privilege and advantages given to people who grew up well off, racism, on and on). You want to discuss in good faith? Maybe start by not using the “pull yourself up by the bootstraps” argument. It screams privilege and ignorance.

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My main thought is nothing's going to change for the vast majority of folks. If you're in a Blue state, literally nothing will change for you, only the Reddest of Red states are going to actually create prohibitions that functionally reduce access.

I also think that now we're going to potentially see society come to some level of agreement on abortion. Now that advocates have to win the argument democratically, it's going to change how we talk about abortion. Long-term, I think it's better for a society to come to social agreement democratically rather than through judicial fiat.

Finally, I think assuming this decision holds Purple State Democrats have gotten the first piece of good news they've received since 2020 in terms of the midterm election.

likefunnysmart

Pretty sure the SCOTUS majority believes states are to determine the law on this issue in our system of federalism.

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I’m months away from moving to a red-ish state. (I’m moving to be closer to my parents) I’m feeling really defeated. I obviously knew this was a risk when I made the decision, but I’m still in shock. I guess I’ll be scheduling an appointment to get my IUD replaced before I move.

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I’m so disgusted that there are actually supposedly educated and thoughtful people here who are forced-birthers. WTF is wrong you? We are supposed to be educated guardians of our enlightened legal system. Women’s bodies have been controlled, policed and regulated and deemed not their own since the dawn of time simply because women and those who can become pregnant have the unique power to birth life. Just because that power exists doesn’t make women a public commodity. America is supposed to be a shining hill. We are supposed to be better than the crap of all of human history up until the creation of our enlightened American (classical) liberalism. American founding ideals are rooted in private liberty - the idea that the power to govern comes from the INDIVIDUAL and no state or federal government can impede on the liberty of the individual unless compelling state interests warrant. This joke of a Supreme Court threw away this balancing test that protects the liberty of the individual from state tyranny. The government doesn’t have to show any compelling interest to claim ownership of a person’s body from the moment of conception within the body, per SCOTUS. That is the most disturbing, authoritarian, un-American crap I have ever heard and it is contrary to our rule of law and founding ideals. It’s disgustingly wrong. Expand the court to 13.

I think I should open another bottle of wine what about you ladies???

likesmart

Forget ideology - it’s a decision that will punish poor people. Republican senators and other rich people in red states will be able to fly their daughters to Mexico or blue states to have abortions, like they did pre 1973.

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Yea but Republicans are rooting against poor people.

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I have a question for those happy about the overturn of Roe. I had a severe pregnancy related illness that was life threatening. I was fortunate that my VERY WANTED pregnancy was at 30 weeks so I could have a C section and my baby survived. If my illness had progressed earlier in my pregnancy, say 20 weeks, when my baby was not viable the doctors would still have had to do the C section to save my life. This would be considered an abortion under the laws passed in red states so the doctors would be prevented from performing the life saving surgery on me. These laws would result in my death and my baby's. These laws will kill women. Have you thought of this side of medical autonomy?

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1) are we forgetting about the pharmacists who wouldn’t fill birth control prescriptions due to their own moral beliefs, thereby denying some women the absolute to have statistically more effective means of contraception? Let alone that there are senators who would propose that birth control should only be for married couples?

2) Look at the proposed Louisiana House Bill 813 and tell me again how there are exceptions when the life of the mother is at stake- because no where in there does it say that. It wants life to began at the moment of fertilization (not implantation, effectively banning IVF as well as making Plan B contentious because Plan B *can* prevent the zygote from implanting even though it primarily works by preventing ovulation), and if you do something to terminate that fertilized zygote you would be committing homicide, even if you were removing a non-viable ectopic pregnancy (yes, doctors prescribe abortifacients to terminate an ectopic pregnancy if they catch it on an ultrasound before it ruptures; yes it is considered an abortion on technical grounds by doctors).

We are not fear-mongering or using straw man arguments. We literally just want the basic human right to make healthcare decisions over our own body without that right being prohibited by state or federal governments. It is settled precedent that legal personhood does not begin until the fetus is born and breathing; this fetus should not result in a woman having to die or travel across the country for an abortion when they have been raped or their birth control failed or because they have a job-viable pregnancy because some people morally believe life begins at conception.

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I am pro-life with exceptions for abortion in the case of rape, or serious health risks for the mother. Other than that you had the choice to have sex or not - pregnancy is a foreseeable consequence of that. Why should someone get to terminate a life just because they changed their mind?

likefunny

Well ... in the first place, don't forget that so-callrd "emergency contraception" works before implantation. So you are not really terminating a life in a meaningful sense.

Incredibly sad, feel like I’m spiraling but trying to let it sink in. I honestly also think that I’m a bit perturbed about the leak, I wish we could honor things like the Supreme Court, but it’s sliding into discourse with the rest of us. I just see idiocracy as the best result and handmaids tale as the worst. I Better just stay away from media for a bit. Also makes me rethink my life choices in that I feel compelled to “do something” just not sure what that means yet, advocacy, politics myself, etc.

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Enraged. Also enraged with everyone who voted for the orange Mussolini.

likehelpful

As lawyers, I think we should be able to separate (1) if abortion should be protected and (2) if there is a constitutional right to an abortion. Reasonable minds can disagree but it certainly isn’t unreasonable to think the constitution doesn’t provide this right.

I also think the pro life movement needs to acknowledge that even if we all agree life begins at conception (which is debated), this doesn’t per se mean that life’s rights should outweigh a woman’s right over her body.

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More sophistry 🙄

Would love to be a fly on the wall tomorrow in Alito’s chambers….

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There are countless examples abroad where women who desperately needed an abortion went into sepsis and the hospital (Catholic, if I recall correctly) refused to perform an abortion. The mothers died.
Not lived and got to see their baby.
Not lived and had health conditions.
Died. Baby died, mother died. Disagree with me and die becomes very real for the women in states who ban abortion.

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My thoughts are that the justices who voted to overturn Roe per the draft opinion all perjured themselves when they said under oath during their confirmation hearings that Roe is settled law and that they would respect our storied practice of stare decisis. They bring great shame to the institution. We need to remove those lying, unethical, perjured justices from the bench asap.

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They can’t even pretend to follow their own Bible rule book that clearly states abortion is a-okay with the Lord. I believe God said, the more the merrier. Earth isn’t that awesome.

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Based on where I live this decision doesn’t really impact me. However it’s been interesting to watch the “bodily autonomy is secondary to saving lives” pro-mandate crowd do an about face on abortion.

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Heh? Can we all fuck off with this stop using abortion as a form of birth control crap?

Seriously, just stop. You’re embarrassing yourselves.

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It feels like the world is shrinking. When I started practicing, it felt like I could move to any part of the country and work there. In the last year or two, nearly half the country has become a no-go zone.

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My thought is why are we even at this point when Congress had over 40 years to protect the right to abortion on a federal level. Now we’re going to get finger wagging from congresspeople crying “if only someone would step in and protect the right to an abortion!” Congress somehow found the time to make the drinking age 21 nationwide but not for this. Give me a break.

likesmart

Just a guess, but it probably wasn’t the case that half the senate opposed to making the drinking age 21…

Lotta lawyers in here that don't know how laws work. 🤔 Sorta disturbing.

likesmart

Law schools are tiered for a reason.

SCOTUS lost all legitimacy long ago. I don’t care at all about the leak or the supposed institutional integrity of the court. It has become a tool of the populist right wing. Alito especially is a partisan hack. I hope state officials and the Biden administraron do everything in their power to resist this ruling. Maybe we’re approaching the point where it’s “the court made its ruling now let it enforce it” approach.

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For example, Prosecutors should refuse to bring charges against abortion providers or women who get abortions. I’m not responding to CC1 ad hominem attacks.

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This was already widely predicted. The SC will move sharply right in coming years. I don't like it, and Im glad I live in a state where public sentiment is strongly pro-choice.

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Everyone in the US - do you like that Supreme Court justices are lifetime appointments? It’s wild to me (as an Aussie…where our equivalent judges have a mandatory retirement age) but keen to hear what you guys think / whether it seems normal

likesmart

I think a 20 year term would be a perfectly reasonable alternative.

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