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onenote

(46,098 posts)
26. By "actual issue" are you asking about the legal rationale underlying Dobbs -something I don't see
Mon Jun 27, 2022, 01:51 PM
Jun 2022

addressed in any of the posts?

If that's what you're asking, the answer in a nutshell is as follows: first, the majority concluded that the right to an abortion is not a "fundamental constitutional right," rejecting the legal analysis applied in Roe and Casey, which relied principally on cases finding substantive rights in the due process clause. Second, having rejected the precedents finding that a woman's right to an abortion is a fundamental right protected by the Constitution, the Court applied the "rational basis" test that it uses generally to determine whether a legislative act is a legitimate exercise of the state's regulatory power. The Court concluded that in such a case, the Court is required to give deference to and not substitute its own judgment for that of the state provided that there is a "rational basis" for the government's action. The Court found such rational basis in the Mississippi's asserted interest in the protection of maternal health and safety; the elimination of particularly gruesome or barbaric medical procedures; the preservation of the integrity of the medical profession; the mitigation of fetal pain; and the prevention of discrimination on the basis of race, sex, or disability." As indicated the Court simply accepted these asserted interests as legitimate and consistent with a complete ban on abortion except "in a medical emergency or in the case of a severe fetal abnormality."

It doesn't mean abortion is "murder" or "manslaughter" or any other specific crime unless a state decides to make it so.

And just so there is no mistake about my views, I think the majority's analysis of the constitution and its rational interest analysis in Dobbs were fundamentally flawed.

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The crime is what they say it is. It's based on NOTHING. They pull everything from their ass and if onecaliberal Jun 2022 #1
Then they can answer this. How can you murder someone who never existed in the first place? Walleye Jun 2022 #2
Well, then, cilla4progress Jun 2022 #4
According to the constitution person is a citizen once they are born in the United States. Born Walleye Jun 2022 #23
Excellent cilla4progress Jun 2022 #24
Many jurisdictions charge someone causing the death of a baby inside a pregnant woman with murder. MichMan Jun 2022 #5
Really? How old is the fetus? Brenda Jun 2022 #14
It may be limited to what is considered viable. Dont know. MichMan Jun 2022 #17
Thanks Brenda Jun 2022 #30
There have been inthewind21 Jun 2022 #25
I guess my point was WHEN Brenda Jun 2022 #29
New York state has defined it at 24 weeks, so they for one. MichMan Jun 2022 #32
Causing the death of a wanted child is a whole different leftyladyfrommo Jun 2022 #21
My reply was in response to Post #2 whose assertion made no distinction MichMan Jun 2022 #31
I think some people don't make that distinction. But leftyladyfrommo Jun 2022 #33
It isn't about the fetus. Thomas Hurt Jun 2022 #3
This message was self-deleted by its author BusterMove Jun 2022 #6
Ex post facto unblock Jun 2022 #7
They completely ignore, or belittle, the physical risk of childbearing Freddie Jun 2022 #8
The actual issue? LuckyCharms Jun 2022 #9
Zygote. Hugin Jun 2022 #16
Well, according to Cell Theory, all cells come from previously living cells. Model35mech Jun 2022 #20
They will be sterilizing by force soon and there will be labor camps for LGBTQ and foster kids. Runningdawg Jun 2022 #19
#2 inthewind21 Jun 2022 #27
1. Controlling women 2. Controlling women 3. Exerting control over women. nt LexVegas Jun 2022 #10
Yes, yes, and yes. meadowlander Jun 2022 #22
The opinion reportedly runs about 100 pages, but apparently this Hortensis Jun 2022 #11
It does not matter. PuraVidaDreamin Jun 2022 #12
That isn't how that works. PTWB Jun 2022 #13
Cross posting this excellent DU answer from upthread: yonder Jun 2022 #15
I think it goes back to the 60's and the backlash against "liberals" usonian Jun 2022 #18
By "actual issue" are you asking about the legal rationale underlying Dobbs -something I don't see onenote Jun 2022 #26
Thank you. BamaRefugee Jun 2022 #34
You're asking two different questions. Ms. Toad Jun 2022 #28
Latest Discussions»General Discussion»What is the actual issue ...»Reply #26