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Supreme Court Draft Opinion on Abortion Rights

Started by dismalist, May 03, 2022, 12:55:43 AM

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bacardiandlime

Quote from: nebo113 on May 07, 2022, 06:04:54 AM
Alito is apparently, according to his draft opinion, is concerned about the shortage of babies.......How sweet of him.

I believe that quote about "domestic supply of infants" - comes from a CDC report they cite, it's not something Alito wrote. 

onthefringe

Quote from: bacardiandlime on May 08, 2022, 07:07:17 AM
Quote from: nebo113 on May 07, 2022, 06:04:54 AM
Alito is apparently, according to his draft opinion, is concerned about the shortage of babies.......How sweet of him.

I believe that quote about "domestic supply of infants" - comes from a CDC report they cite, it's not something Alito wrote.

Regardless of whether that was his specific phrase, it's still an argument he cited for why women should be forced to give birth against their will. The idea that it's somehow important for people to have access to adoptable infants (instead of one of the 400,000 kids in foster care) and that's a good justification for forced birth is appalling and commodifies children.

downer

Quote from: bacardiandlime on May 08, 2022, 07:07:17 AM
Quote from: nebo113 on May 07, 2022, 06:04:54 AM
Alito is apparently, according to his draft opinion, is concerned about the shortage of babies.......How sweet of him.

I believe that quote about "domestic supply of infants" - comes from a CDC report they cite, it's not something Alito wrote.

The Alito draft does contain the phrase "domestic supply of infants". It is referencing a CDC report about the numbers of families wanting to adopt being greater than the number of available babies for adoption. Justice Barrett used the same argument in another case regarding abortion rights.
https://www.salon.com/2022/05/03/adoption-makes-abortion-unnecessary-claims-the-right-thats-even-worse-than-it-sounds/

The argument is that abortion is not necessary because women can put their babies up for adoption.
NPR covered the argument last December.
https://www.npr.org/2021/12/14/1063784711/its-not-as-simple-as-abortion-v-adoption-just-ask-bri

One factor is that women who put babies up for adoption experience considerably more grief than women who have abortions.
"When fascism comes to America, it will be wrapped in the flag and carrying a cross."—Sinclair Lewis

mamselle

Most of the guys I know start sobbing at a splinter, and claim sick days for a chest cold.

The folks supporting forced birth have no comprehension of the pain and trauma associated with birth-giving, nor will they ever have cause to, being mostly male.

The empathy differential must be in the millions.

M.
Forsake the foolish, and live; and go in the way of understanding.

Reprove not a scorner, lest they hate thee: rebuke the wise, and they will love thee.

Give instruction to the wise, and they will be yet wiser: teach the just, and they will increase in learning.

dismalist

Quote from: onthefringe on May 08, 2022, 07:29:11 AM
Quote from: bacardiandlime on May 08, 2022, 07:07:17 AM
Quote from: nebo113 on May 07, 2022, 06:04:54 AM
Alito is apparently, according to his draft opinion, is concerned about the shortage of babies.......How sweet of him.

I believe that quote about "domestic supply of infants" - comes from a CDC report they cite, it's not something Alito wrote.

Regardless of whether that was his specific phrase, it's still an argument he cited for why women should be forced to give birth against their will. The idea that it's somehow important for people to have access to adoptable infants (instead of one of the 400,000 kids in foster care) and that's a good justification for forced birth is appalling and commodifies children.

To be more precise, being forced to give birth is more akin to enslaving females, not commodifying children. Actual commodification would involve paying mothers for the children! That would enable voluntary exchange.

But complaining about a shortage of babies is like complaining about a shortage of somebody else's talent, pure rhetoric, just a bunch 'a woids.
That's not even wrong!
--Wolfgang Pauli

Sun_Worshiper

Quote from: downer on May 08, 2022, 07:36:33 AM
Quote from: bacardiandlime on May 08, 2022, 07:07:17 AM
Quote from: nebo113 on May 07, 2022, 06:04:54 AM
Alito is apparently, according to his draft opinion, is concerned about the shortage of babies.......How sweet of him.

I believe that quote about "domestic supply of infants" - comes from a CDC report they cite, it's not something Alito wrote.

The Alito draft does contain the phrase "domestic supply of infants". It is referencing a CDC report about the numbers of families wanting to adopt being greater than the number of available babies for adoption. Justice Barrett used the same argument in another case regarding abortion rights.
https://www.salon.com/2022/05/03/adoption-makes-abortion-unnecessary-claims-the-right-thats-even-worse-than-it-sounds/

The argument is that abortion is not necessary because women can put their babies up for adoption.
NPR covered the argument last December.
https://www.npr.org/2021/12/14/1063784711/its-not-as-simple-as-abortion-v-adoption-just-ask-bri

One factor is that women who put babies up for adoption experience considerably more grief than women who have abortions.

Don't conservatives always preach that the justices aren't supposed to be making policy considerations?

downer

Quote from: Sun_Worshiper on May 08, 2022, 10:51:37 AM
Quote from: downer on May 08, 2022, 07:36:33 AM
Quote from: bacardiandlime on May 08, 2022, 07:07:17 AM
Quote from: nebo113 on May 07, 2022, 06:04:54 AM
Alito is apparently, according to his draft opinion, is concerned about the shortage of babies.......How sweet of him.

I believe that quote about "domestic supply of infants" - comes from a CDC report they cite, it's not something Alito wrote.

The Alito draft does contain the phrase "domestic supply of infants". It is referencing a CDC report about the numbers of families wanting to adopt being greater than the number of available babies for adoption. Justice Barrett used the same argument in another case regarding abortion rights.
https://www.salon.com/2022/05/03/adoption-makes-abortion-unnecessary-claims-the-right-thats-even-worse-than-it-sounds/

The argument is that abortion is not necessary because women can put their babies up for adoption.
NPR covered the argument last December.
https://www.npr.org/2021/12/14/1063784711/its-not-as-simple-as-abortion-v-adoption-just-ask-bri

One factor is that women who put babies up for adoption experience considerably more grief than women who have abortions.

Don't conservatives always preach that the justices aren't supposed to be making policy considerations?
Yes, when they don't like the policies. And the same is generally true for liberals.
"When fascism comes to America, it will be wrapped in the flag and carrying a cross."—Sinclair Lewis

Sun_Worshiper

Quote from: downer on May 08, 2022, 11:00:04 AM
Quote from: Sun_Worshiper on May 08, 2022, 10:51:37 AM
Quote from: downer on May 08, 2022, 07:36:33 AM
Quote from: bacardiandlime on May 08, 2022, 07:07:17 AM
Quote from: nebo113 on May 07, 2022, 06:04:54 AM
Alito is apparently, according to his draft opinion, is concerned about the shortage of babies.......How sweet of him.

I believe that quote about "domestic supply of infants" - comes from a CDC report they cite, it's not something Alito wrote.

The Alito draft does contain the phrase "domestic supply of infants". It is referencing a CDC report about the numbers of families wanting to adopt being greater than the number of available babies for adoption. Justice Barrett used the same argument in another case regarding abortion rights.
https://www.salon.com/2022/05/03/adoption-makes-abortion-unnecessary-claims-the-right-thats-even-worse-than-it-sounds/

The argument is that abortion is not necessary because women can put their babies up for adoption.
NPR covered the argument last December.
https://www.npr.org/2021/12/14/1063784711/its-not-as-simple-as-abortion-v-adoption-just-ask-bri

One factor is that women who put babies up for adoption experience considerably more grief than women who have abortions.

Don't conservatives always preach that the justices aren't supposed to be making policy considerations?
Yes, when they don't like the policies. And the same is generally true for liberals.

Except liberals haven't spent decades lecturing the rest of us that judges should never make policy.

dismalist

If one looks more closely at what's going on in States, things look quite different from the rhetoric.

Pew's n ≈ 35, 000 Religious Landscape Survey of 2014 allows a breakdown of public opinion on abortion rights by State.

url]https://www.pewresearch.org/fact-tank/2020/01/21/do-state-laws-on-abortion-reflect-public-opinion/[/url]

[National samples are too small to be meaningfully disaggregated by State. But opinion on abortion rights  is relatively stable over time.]

Note the map at the beginning. Only seven small States have clear majorities against abortion rights. The West Coast and the Northeast have clear majorities in favor of abortion rights.

Even Florida has a clear majority in favor.

Everything else is in play, including even Texas!

As for those trigger laws, much is posturing. No reason not to pass a law if it can't be enforced.

This is not the end of democratic choice; this is the beginning.
That's not even wrong!
--Wolfgang Pauli

Anon1787

Quote from: Sun_Worshiper on May 08, 2022, 11:05:26 AM

Except liberals haven't spent decades lecturing the rest of us that judges should never make policy.

Some legal formalists feel the need to respond to the parade of horribles that the legal realists will deploy in their dissent.

jimbogumbo

As long as the primary process remains the same for state legislatures it wouldn't matter even if every state had a majority in favor of legal abortion. The legislatures in almost all Republican states will make it illegal.

little bongo

Occasionally offers to support or pay for "camping trips" appear on my social media feed, for those who don't live in "camping friendly" states.

dr_evil

Quote from: ciao_yall on May 06, 2022, 07:05:00 AM
I thought the purpose of the court was to uphold the Constitution against the tyranny of the majority (and/or the wealthy lobbyists?)

Silly me.

I guess I'm silly as well. I didn't realize that a person's rights were up for a vote (whether that be at the state or federal level).

I'm probably not going to be affected by the decision, but I can see where it could lead. Since certain unnamed judges clearly lied in their Senate hearings, I don't trust that they aren't lying about "This will only affect Roe." Plus, I have some empathy and can care for other people than just myself.