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Dumb here. What does Roe v Wade say about abortions?
Poast new message in this thread
Date: May 20th, 2019 3:10 PM Author: Sapphire temple (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38261883) |
Date: May 20th, 2019 3:12 PM Author: unhinged church it's in a penumbra (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38261889) |
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Date: May 20th, 2019 3:17 PM Author: Sapphire temple Idk what that means. Can you explain? (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38261905) |
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Date: May 20th, 2019 3:19 PM Author: unhinged church I can't and apparently neither could the guy who wrote it (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38261922) |
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Date: May 20th, 2019 3:21 PM Author: light national security agency school (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38261930) |
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Date: May 20th, 2019 3:31 PM Author: Insanely creepy pit sweet tailpipe (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38261983) |
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Date: May 20th, 2019 3:44 PM Author: Hyperventilating insecure coldplay fan gunner (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38262048) |
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Date: May 20th, 2019 5:18 PM Author: Razzmatazz primrose whorehouse (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38262463) |
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Date: May 20th, 2019 5:27 PM Author: trip trump supporter (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38262487) |
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Date: May 20th, 2019 11:50 PM Author: white sanctuary patrolman (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38264262) |
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Date: May 20th, 2019 3:19 PM Author: flickering scarlet address it's a liberty protected by the constitution (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38261921) |
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Date: May 20th, 2019 7:58 PM Author: Self-centered Razzle Brunch That was Casey which reinvented Roe 20 years later (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38263116) |
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Date: May 20th, 2019 3:20 PM Author: light national security agency school The words of the constitution emanate unwritten meanings and cast penumbras. Those emanations and penumbras are detectable by liberal justices and mean that democratically enacted laws are unconstitutional when they don’t comport with the liberal dogma of the day. The same analysis doesn’t apply to reach conservative results - it’s a one way street. It turns out that one of those emanations means that it’s unconstitutional to impede a woman’s right (found in a penumbra) to commit infanticide in certain cases. This summary is 100% true and serious. (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38261925) |
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Date: May 20th, 2019 3:21 PM Author: unhinged church great summary (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38261929) |
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Date: May 20th, 2019 3:23 PM Author: Sapphire temple where in the constitution do these penumbras come from? 14th amendment? (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38261947) |
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Date: May 20th, 2019 3:25 PM Author: light national security agency school No - that type of jurisprudence came later. The emanations come from the actual written guarantees in the bill of rights. The real trick is that it’s only possible for liberal justices to discern these emanations. Then they can figure out what rights are found in their penumbras. (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38261953) |
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Date: May 20th, 2019 3:27 PM Author: flickering scarlet address That's Griswold, in Roe the court stepped back from that shit (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38261963) |
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Date: May 20th, 2019 3:33 PM Author: light national security agency school Isn’t Roe part of the Griswold line of cases? (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38261988) |
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Date: May 20th, 2019 3:35 PM Author: flickering scarlet address court keeps wandering off in its theory of the case Griswold court is all "penumbra" Roe court is like "wow y'all hated that penumbra shit, ummm it's maybe 14A? but it could be 9A idk" Casey court is "okay, we hear you, 14A, it's 14A" |
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Date: May 20th, 2019 4:53 PM Author: light national security agency school Thanks it has been years since I had con law. Where in the constitution is the right to engage in homosexual sodomy? (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38262328) |
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Date: May 20th, 2019 5:05 PM Author: flickering scarlet address same spot (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38262388) |
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Date: May 20th, 2019 5:07 PM Author: jade ratface mad cow disease That's a pretty fucked up part of the constitution (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38262397) |
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Date: May 20th, 2019 5:11 PM Author: flickering scarlet address blame republicans in 1868 (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38262423) |
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Date: May 20th, 2019 5:16 PM Author: jade ratface mad cow disease Same strain of religiousity (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38262452) |
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Date: May 20th, 2019 7:42 PM Author: light national security agency school lmao at the state of our “country” (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38263040) |
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Date: May 20th, 2019 3:43 PM Author: bright shrine It's like Joseph Smith interpreting the stones to write the Book of Mormon (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38262045) |
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Date: May 20th, 2019 8:33 PM Author: Maroon Kitty Cat Headpube Except less honest about the charade (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38263323) |
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Date: May 20th, 2019 11:47 PM Author: 180 azure newt (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38264239) |
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Date: May 20th, 2019 3:27 PM Author: flickering scarlet address The Constitution does not explicitly mention any right of privacy. In a line of decisions, however, going back perhaps as far as 1891, the Court has recognized that a right of personal privacy, or a guarantee of certain areas or zones of privacy, does exist under the Constitution. In varying contexts, the Court or individual Justices have, indeed, found at least the roots of that right in the First Amendment, in the Fourth and Fifth Amendments, in the penumbras of the Bill of Rights, in the Ninth Amendment, or in the concept of liberty guaranteed by the first section of the Fourteenth Amendment. These decisions make it clear that only personal rights that can be deemed "fundamental" or "implicit in the concept of ordered liberty" are included in this guarantee of personal privacy. They also make it clear that the right has some extension to activities relating to marriage, procreation, contraception, family relationships, and child rearing and education.
This right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy. The detriment that the State would impose upon the pregnant woman by denying this choice altogether is apparent. Specific and direct harm medically diagnosable even in early pregnancy may be involved. Maternity, or additional offspring, may force upon the woman a distressful life and future. Psychological harm may be imminent. Mental and physical health may be taxed by child care. There is also the distress, for all concerned, associated with the unwanted child, and there is the problem of bringing a child into a family already unable, psychologically and otherwise, to care for it. In other cases, as in this one, the additional difficulties and continuing stigma of unwed motherhood may be involved. All these are factors the woman and her responsible physician necessarily will consider in consultation. |
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Date: May 20th, 2019 3:35 PM Author: Sapphire temple So is it fair to say that while everyone (lib and con justices) agrees the constitution gives us the right to privacy, the question for decades has been whether the right to privacy included the right of a woman to abort? (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38261995) |
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Date: May 20th, 2019 3:37 PM Author: flickering scarlet address No Everyone agrees there are certain times where the constitution protects certain things that are private in certain contexts There's no freestanding "right to privacy" Better question for court today: does the fact that the state shall not deprive anyone of "liberty" without "due process of law" include the "liberty" to abort |
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Date: May 20th, 2019 3:39 PM Author: Insanely creepy pit sweet tailpipe That's so 1993. Now we're at: does the fact that the constitution provides that no one shall be deprived of "life" forbid the state from countenancing abortion under any circumstances? (the answer is yes) (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38262018) |
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Date: May 20th, 2019 3:39 PM Author: flickering scarlet address lol not even thomas thinks this (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38262022) |
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Date: May 20th, 2019 3:41 PM Author: Insanely creepy pit sweet tailpipe many people are saying this (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38262032) |
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Date: May 20th, 2019 3:46 PM Author: flickering scarlet address -@realDonaldTrump (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38262055) |
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Date: May 20th, 2019 7:31 PM Author: Laughsome Dragon Gas Station Amy Barrett does (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38262998) |
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Date: May 20th, 2019 3:38 PM Author: Insanely creepy pit sweet tailpipe no
con justices do not believe the constitution provides a freestanding "right of privacy." They believe the constitution provides many specific protections - such as a right to be free from unlawful search and seizure - but that there is no general protection for privacy anywhere. |
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Date: May 20th, 2019 3:49 PM Author: Passionate Alcoholic Library con justices follow the constitution which leads to privacy rights being protected that libs would not protect libs? when it suits kyllo |
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Date: May 20th, 2019 5:07 PM Author: trip trump supporter (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38262393) |
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Date: May 20th, 2019 5:18 PM Author: learning disabled gay wizard (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38262458) |
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Date: May 20th, 2019 11:46 PM Author: 180 azure newt (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38264235) |
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Date: May 20th, 2019 3:36 PM Author: bistre main people church building Our constitution casts a secret shadow of secrets, and when you’re in that shadow you can kill babies. (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38262001) |
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Date: May 20th, 2019 4:00 PM Author: fiercely-loyal station Basically that your mom can get a doctor to do it next time. (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38262107) |
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Date: May 20th, 2019 4:02 PM Author: Sapphire temple I have 2 dads (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38262117) |
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Date: May 20th, 2019 7:57 PM Author: unhinged church (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38263109) |
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Date: May 20th, 2019 5:10 PM Author: transparent depressive https://scholar.google.com/scholar_case?case=12334123945835207673 (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38262415) |
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Date: May 20th, 2019 7:29 PM Author: grizzly indecent parlor it has been years since law school, but basically, the state has to balance the woman's interest in privacy with the state's interest in protecting the baby and then came up with a trimester approach, where the woman's interest trumps in the first trimester, the state's interest can trump in the third trimester, and in the second trimester there can be reasonable limitations.
This later got morphed into something like the state cannot put undue burdens on women before viability of the fetus |
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Date: May 20th, 2019 8:23 PM Author: Sapphire temple How did it come up with a trimester approach? (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38263270) |
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Date: May 20th, 2019 8:23 PM Author: flickering scarlet address made it up that's why casey overturned it, because it was sps |
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Date: May 20th, 2019 8:32 PM Author: Sapphire temple Why does everyone refer to Roe v Wade as the controlling law then? (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38263321) |
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Date: May 20th, 2019 11:47 PM Author: unhinged church first-mover advantage (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38264241) |
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Date: May 20th, 2019 11:49 PM Author: 180 azure newt Be it’s more famous not flame
Casey is controlling |
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Date: May 20th, 2019 11:51 PM Author: Sapphire temple Can you tell me what Casey says? (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38264276) |
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Date: May 21st, 2019 9:00 AM Author: grizzly indecent parlor Case I believe is the one that says something like the state cannot put undue burdens on women before viability of the fetus
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Date: May 21st, 2019 11:37 AM Author: Sapphire temple Did Casey say when a fetus becomes viable? (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38265799) |
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Date: May 21st, 2019 11:53 AM Author: crimson bossy feces generalized bond 24 weeks. (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38265873) |
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Date: May 21st, 2019 12:13 PM Author: flickering scarlet address Casey kind of does four things law geeks care about. 1. Roe is like an important kind of precedent we can't just toss out. 2. While we were kind of uncertain where in the Constitution talks about abortion, we're saying it's a woman's "liberty" under the Fourteenth Amendment. 3. The "trimester" framework we made up was SPS so we're throwing it away and instead saying the woman's liberty interest is high before fetal viability and low after fetal viability. 4. Any laws restricting abortion before fetal viability can't place an "undue burden" on the woman (which means pretty much whatever 5 justices say). |
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Date: May 21st, 2019 12:20 PM Author: Sapphire temple So under Casey, can states pass laws banning abortion after 24 weeks? (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38266016) |
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Date: May 21st, 2019 12:27 PM Author: apoplectic parlour Depends (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38266061) |
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Date: May 20th, 2019 8:57 PM Author: light national security agency school It’s just made up. All the vanguard liberal opinions are just edicts announced by five disconnected “intellectuals” dressed up in 50 - 200 pages of obfuscatory “legal reasoning” and “constitutional law”. (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38263457) |
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Date: May 20th, 2019 11:49 PM Author: 180 azure newt (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38264253) |
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Date: May 21st, 2019 1:02 AM Author: lavender ticket booth lettuce (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38264454) |
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Date: May 20th, 2019 11:49 PM Author: Blue public bath electric furnace This is helpful. Thank u (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38264257) |
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Date: May 21st, 2019 11:56 AM Author: apoplectic parlour (http://www.autoadmit.com/thread.php?thread_id=4265559&forum_id=2#38265897) |