Skip to comments.CONFIRMATION OF JUDGE KAVANAUGH - ROE v WADE
Posted on 09/19/2018 10:27:12 AM PDT by Plain and Simple
I am tired of all of these "experts" on television and radio saying that Judge Kavanaugh on the Supreme Court has a chance of overturning Roe v. Wade. Doesn't there have to be a case with lower court decisions before it gets to the Supreme Court?
Yes, a case would have to be brought before the court, which would have been already heard in the lower courts , to ever overturn Roe vs. Wade.
The liberals make it sound as if the Supreme Court justices sit around and issue decrees on things. That’s not how it works. Cases have to be brought up through the court system.
What will happen is liberal state legislatures and courts will pander to the female vote and pass or opine Roe type “rights” at the state level
Yup. And it depends on the particulars of the case brought to them and the issues under debate in that case. Now, if you’re an activist on a particular issue and you think the current lineup on SCOTUS is favorable, you might try to start a case on its way, counting on a reasonably favorable precedent-setting ruling when it gets there (see Heller). So the composition does matter, but they don’t just spontaneously issue edicts like “Henceforth, abortion will be a state matter!”
Which is the way it SHOULD be! Not the pandering, the dealing with state issues at the state level and with legislation rather than arbitrary judicial fiat.
Roe is truly irrelevant , it does not NEED to be voided , it is void based on the arguments made based on the limited science of 1973. we now can scientifically prove that the fetus is alive , independent/separate human entity... not just some “blob” ... using roes own words abortion should be outlawed with the constitutional “right to life” as a backstop. We will have such a case within a year or two , several states are pushing big abortions buttons with limitations... they’re always in court on DEFENSE .. that’s how it should be.
The real joke is that overturning RVW would not end abortion as those selling their souls trying to save it assert, but only send the decision to allow or not allow it back to each individual state - and the real issue has moved beyond abortion to the fragile egos of those trying to save it - abortion has become a proxy for their intellectual and moral superiority, they’ve staked their sense of their own power and worth on it, and if it goes they will have been shown to be not as smart and worldy-wise as they want to believe they are.....
Short answer, yes, but there are exceptions. The likelihood of a review of Roe v. Wade reaching the Supreme Court is low. The likelihood that the new Supreme Court will reduce the legislative actions enacted by all courts is very high. This is the real threat to Democrats and they know it. The advance of their agenda depends on a democrat controlled corrupt judiciary who are willing to legislate from the bench. We have removed over 1000 democrat elected officials across the country. The problem is that we have not done the same in the courts, although Trump is off to a good start.
Even if it did reach the SC for reconsideration and they reversed it; the states would immediately take it up. Some states might elect to let the law stand as reversed. If so any woman wanting an abortion could simply travel to the nearest state that allows it.
Nothing would change except for less convenience for some people. That’s it.
The RAT mantra:
1) Count and recount the vote until you win.
2) The Republicans will overturn Roe v. Wade
3) The Russians are stealing our elections
4) Republicans are destroying our “democracy”
5) Get rid of the Electoral College
If Kav’s presence on the SC can cause Roe v Wade to be over turned, then would it became to say it was never a constitutional right to begin with?
It’s understood that the people have unenumerated rights, but that power goes to the States or to the people. The goverents doesn’t have to enumerate it in order for it to be avalid right..
For the Demoncrats to howl about dictatorship, they sure don’t mind using dictatorial methods to force their will on the people.
Finally, constitutional rights apply to everyone, and men are left out of this supposed “right”.
The law prohibits discrimination based on gender, so how can Roe v Wade apply for all?
It can’t, and therefore it is unconstitutional on its very face.
When the States have authority to decide abortion issues, the people are then in a position to move into that state, or out of it if they don’t like the laws. It’s much harder for the average Joe to pack up and leave the country.
Since it’s a globalist invention, where is a person going to go on the globe to get away from such an inhmane law?
It’s not about Kavanaugh and the allegation of misconduct in high school. It’s about hating Trump and protecting their beloved precious abortion. There is NO human on this planet who they would not trash like this. NO ONE is “fit” in their minds. They would trash anyone appointed by Trump.
The “public discourse” is really about abortion, even though the word is not spoken in the media.
Truth does not matter with these people.
And out reaction to that is to point out that the Democrat Prime Directive is "Kill the baby".
“The liberals make it sound as if the Supreme Court justices sit around and issue decrees on things”
That’s what they ACTUALLY believe in. Why do you think these libtard judges keep overturning illegals from leaving the US for the past 2 years after they are arrested?
There’s nothing to overturn. Roe is not the law. It’s a court opinion. An unjust, unconstitutional opinion that has no force of law.
The Constitution is the law of the land, and it explicitly requires equal protection for every person, in every state. It’s not optional.
The officers of the legislative and executive branches swear an oath to support and defend the Constitution, not the edicts of judges.
All that is required to stop this holocaust is for the officers who take the oath to actually get around to keeping it.
Nothing in the Constitution has given them [the federal judges] a right to decide for the Executive, more than to the Executive to decide for them. . . . The opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves, in their own sphere of action, but for the Legislature and Executive also in their spheres, would make the Judiciary a despotic branch. (Letter to Abigail Adams, September 11, 1804)
You seem . . . to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so . . . and their power [is] the more dangerous, as they are in office for life and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with corruptions of time and party, its members would become despots. (Letter to William Jarvis, Sept. 28, 1820)
The candid citizen must confess that if the policy of the government, upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties, in personal actions, the people will have ceased to be their own rulers, having, to that extent, practically resigned their government into the hands of that eminent tribunal. (First Inaugural Address)
Issuing an opinion without a case in front of the court is known as an “advisory opinion.” SCOUTS has ruled that Article III clause 1 requires cases only where there is an active dispute between parties before the court.
There was a “Oh no Donald Trump Won” where some woman, probably HollyBabylonWood said “Get your abortions NOW”.
I don’t post the video because of what else she said.
So, this liberal was saying get your abortions early and get them often. This is a cult of death.
I don’t know who the woman was. Probably some Hollywood D-list “starlet”.
Then a baby’s rights will be upheld in at least some states.
Women are the biggest force for Democrats. They will do anything to protect their ability to kill their children in the womb. ... Nothing can hate and retaliate like a woman.
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