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Originally Posted by j8ear
First of all pan, the post immediately following that should have cleared it up for you. That it didn't is my fault. Again, I don't think you are dim, and I very much enjoy debating, educating and LEARNING from, you.
Second of all, you are one hundred percent catagorically wrong on your understanding of what Roe V Wade did, or what undoing it would mean.
I'm going to try to exlpain it again. Roe V Wade struck down an existing Law (texas I believe) in which a legislature democratically made illegal abortions. The Supreme Court cited a womens rights over her body and to choose. Both noble and worthy, yet similarly outside the bounds of the federal governments jurisdiction. But they used this as a reason to strike this law AND ALL OTHERS like it.
Currently IT IS NOT for local communities to decide, abortion CAN NOT be restricted, at any level, by any legislature, or by any referendum, and this because of the legislating from the bench of the Supreme Court.
Over turning Roe V Wade would RETURN this possiblity to local legislatures, and prevaling thought indicates that possibly and likely ONLY Utah and Guam might do this.
Again, apologies for dissing you...but geez...you really do have this backwards.
-bear
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I owe you an appology, it appears we are both partially correct. I thought communities had the right from day one to legalize or illegalize abortion, BUt that is not the case. It is at the beginning of the second trimester that the laws are given to the communities to decide.
However, nowhere does it say it HAS to be legal in the locality (which I was meaning) just that you cannot criminalize and prosecute it. Kind of like "dry counties". They can't charge you for having it, but they can prevent people from selling it by not giving licenses. Perhaps, the city doesn't have to license the clinics.
I don't know but I do thank you for making me research it more, and to read up on the whole ruling.
I am just confused because growing up in Mansfield, they wanted to have an abortion clinic but the city refused to allow there to be one. Hence, Mansfield Ohio does not have an abortion clinic.
LINK:
http://www.tourolaw.edu/patch/Roe/
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3. State criminal abortion laws, like those involved here, that except from criminality only a life-saving procedure on the mother's behalf without regard to the stage of her pregnancy and other interests involved violate the Due Process Clause of the Fourteenth Amendment, which protects against state action the right to privacy, including a woman's qualified right to terminate her pregnancy. Though the State cannot override that right, it has legitimate interests in protecting both the pregnant woman's health and the potentiality of human life, each of which interests grows and reaches a "compelling" point at various stages of the woman's approach to term. Pp. 147-164.
(a) For the stage prior to approximately the end of the first trimester, the abortion decision and its effectuation must be left to the medical judgment of the pregnant woman's attending physician. Pp. 163, 164.
(b) For the stage subsequent to approximately the end of the first trimester, the State, in promoting its interest in the health of the mother, may, if it chooses, regulate the abortion procedure in ways that are reasonably related to maternal health. Pp. 163, 164.
(c) For the stage subsequent to viability the State, in promoting its interest in the potentiality of human life, may, if it chooses, regulate, and even proscribe, abortion except where necessary, in appropriate medical judgment, for the preservation of the life or health of the mother. Pp. 163-164; 164-165.
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I do believe we have the same ideas that localities should have more say over their affairs. We just have differing views of which side achieves that the best. I believe, the next ruling should be more clear and simply state that abortion is left to local and state governments.
In all honesty I did not want to make this an abortion thread but show how the GOP, who cries about legislating from the bench wants to have judges that do it also.