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re: Can’t congress pass a law making abortion legal nationwide?

Posted on 6/25/22 at 7:29 am to
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476983 posts
Posted on 6/25/22 at 7:29 am to
quote:

But using federal funding as a cudgel only makes sense as long as “your side” has power.

All legislation has this issue.
Posted by Loserman
Member since Sep 2007
23151 posts
Posted on 6/25/22 at 7:30 am to

quote:

So democrats lack the political will to protect “womens’ rights”?


What is that
Posted by jimmy the leg
Member since Aug 2007
44297 posts
Posted on 6/25/22 at 7:32 am to
quote:

All legislation has this issue.


Are you seriously equating the abortion issue to all other legislation?
Posted by udtiger
Over your left shoulder
Member since Nov 2006
115459 posts
Posted on 6/25/22 at 7:33 am to
quote:

Did that argument work for Jim Crow laws?


Pesky 14th Amendment, which SCOTUS says doesn't apply here.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138981 posts
Posted on 6/25/22 at 7:36 am to
quote:

Pesky 14th Amendment, which SCOTUS says doesn't apply here.


Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476983 posts
Posted on 6/25/22 at 7:37 am to
quote:

Are you seriously equating the abortion issue to all other legislation?

In a thread talking about the power/legality of creating legislation?


...Yes?

The subject matter of the law isn't the issue of this discussion. Abortion isn't special.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
115459 posts
Posted on 6/25/22 at 7:37 am to
No constitutional right to abortion.

Therefore, not subject to due process clause of 14th.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476983 posts
Posted on 6/25/22 at 7:38 am to
quote:

Pesky 14th Amendment, which SCOTUS says doesn't apply here.

Already discussed in this thread.

Read Hearts of Altanta Motel. USSC says the CRA was lawfully passed by Congress using ICC power (not the 14A).
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476983 posts
Posted on 6/25/22 at 7:39 am to
quote:

No constitutional right to abortion.

Therefore, not subject to due process clause of 14th.

This is about Congressional power to legislate, not the judicial power to oversee.

Plus your argument is already DOA. The CRA was passed with ICC power, so the 14A isn't even a necessary point of discussion.
Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
37578 posts
Posted on 6/25/22 at 7:42 am to
The oly solution is baby factories like in Brave New World. You can frick anyone you want with no attachments or repercussions. No marriage, no extended family, no kids because the are not yours and no parents. Just people fricking for the sake of fricking.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
115459 posts
Posted on 6/25/22 at 7:42 am to
I guess we shall see.

If a state defines abortion as murder, I don't think the ICC is going to be a legitimate vehicle for the feds to make murder legal in a state.
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
82395 posts
Posted on 6/25/22 at 7:42 am to
quote:

The CRA was passed with ICC power,


And because it isn't tied the Constitution, it can be removed by Congress as quickly as it was granted by Congress.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138981 posts
Posted on 6/25/22 at 7:43 am to
quote:

Therefore, not subject to due process clause of 14th.
The question posed is not of rights of the mother, but rather rights of her female fetus.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476983 posts
Posted on 6/25/22 at 7:43 am to
quote:

If a state defines abortion as murder, I don't think the ICC is going to be a legitimate vehicle for the feds to make murder legal in a state.

Why?

I'll give an example: can states use the death penalty for rape?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476983 posts
Posted on 6/25/22 at 7:44 am to
quote:

And because it isn't tied the Constitution, it can be removed by Congress as quickly as it was granted by Congress.

Yes we are talking about legislation in a thread titled, "Can’t congress pass a law making abortion legal nationwide?"
Posted by udtiger
Over your left shoulder
Member since Nov 2006
115459 posts
Posted on 6/25/22 at 7:44 am to
Ah, yes. A different issue.

If a state defines a fetus as a "person" that would further complicate the ICC gambit.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
115459 posts
Posted on 6/25/22 at 7:45 am to
quote:

I'll give an example: can states use the death penalty for rape?


Wanna tell me the argument that would be advanced against that?

Hint...8th Amendment.
Posted by Dawgfanman
Member since Jun 2015
26316 posts
Posted on 6/25/22 at 7:46 am to
quote:

The CRA was passed with ICC power, And because it isn't tied the Constitution, it can be removed by Congress as quickly as it was granted by Congress.


This seems like something they should focus on correcting. All these “rights” and powers that have been tied to the ICC power are in danger
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
82395 posts
Posted on 6/25/22 at 7:46 am to
quote:

I don't think the ICC is going to be a legitimate vehicle for the feds to make murder legal in a state.


The ICC is a magic wand that SCOTUS invented out of thin air and handed to Congress and they abused the shite out of it.

We the people have been asleep at the wheel and have allowed that abuse to continue.
Posted by CamdenTiger
Member since Aug 2009
65803 posts
Posted on 6/25/22 at 7:46 am to
To the original question, they just ruled that Roe was unconstitutional, isn’t under the decree of the Federal Government by the Constitution, and will now be controlled by the States. They could pass something, but they may need to wait till the court members change
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