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snowybirdie

(5,219 posts)
Sun Jun 26, 2022, 10:39 AM Jun 2022

Several posters

I've seen say RBG wanted abortion left up to states and gave a speech on this. I looked it up and found, once again, the anti choice folks are cherry picking this.

Time Magazine article in 2018:
When Sen. Hank Brown (R-CO) asked about her remarks during her confirmation hearing, she clarified her stance: “Abortion prohibition by the State, however, controls women and denies them full autonomy and full equality with men. That was the idea I tried to express in the lecture to which you referred.”

Ginsburg said that she believed it would have been easier for the public to understand why the Constitution protected abortion rights if the matter had been framed as one of equal protection rather than privacy. And in fact, there was a specific case she had in mind as one that should have driven the national conversation, instead of letting Roe carry that weight.

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Ocelot II

(115,530 posts)
1. Yes, RBG was always critical of Roe, not for the result but
Sun Jun 26, 2022, 10:44 AM
Jun 2022

on account of the underlying reasoning, which she thought was weak. She thought the basis for the decision would have been more robust and defensible if it had been based on equal protection as in Loving v. Virginia instead of on the "penumbral" right to privacy. Looks like she was right.

dalton99a

(81,371 posts)
2. Equal protection or privacy, it wouldn't have made one bit of difference to the 6 Ayatollahs
Sun Jun 26, 2022, 10:52 AM
Jun 2022

Roe had to go


Ocelot II

(115,530 posts)
4. If they'd thrown it out on equal protection grounds they'd be overturning Loving as well
Sun Jun 26, 2022, 11:00 AM
Jun 2022

which would have been awkward for Clarence and Ginni.

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