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re: My theory: Legalizing infanticide is meant to bring RvW back to SCOTUS
Posted on 1/31/19 at 1:55 pm to AggieHank86
Posted on 1/31/19 at 1:55 pm to AggieHank86
quote:
and carry to term .
So I guess they are saying that carrying the baby to term is great so long as you can kill it while you’re in labor?
Posted on 1/31/19 at 1:59 pm to ShortyRob
quote:Yes.
Well. Let me ask you.
If a state passed a law tomorrow that allowed mothers to kill their babies within 5 days of birth if the baby had a birth defect, do you think that could find it's way to the court?
That case would involve the potential loss of life of a legal person, and someone woud have legal standing to protect that existing legal person in an ad litem capacity.
Taking this hypo to the extreme I suppose that a state COULD pass a law giving legal status to a fetus and thus opening the door to appointment of an ad litem, but it strikes me as unlikely that such a state would also be a jurisdiction that would allow late-term convenience abortions in the first place
This post was edited on 1/31/19 at 2:00 pm
Posted on 1/31/19 at 2:01 pm to TBoy
quote:
Do you want this regulated by the states or not?
They’ve grossly overplayed their hand here.
Originally, any reversal of Roe would’ve kicked the issue back to the states because that was the surest way of bringing a successful suit to overturn it.
Now? They’ve gone to the extreme. You’re going to have people bringing suits that will force the High Court to re-examine the definition of when life actually begins. I don’t think they’re going to like that outcome.
Posted on 1/31/19 at 2:02 pm to Wednesday
quote:Handmaid’s Tale is about involuntary servitude.
So I guess they are saying that carrying the baby to term is great so long as you can kill it while you’re in labor?
Posted on 1/31/19 at 2:08 pm to AggieHank86
quote:
involuntary servitude
They act as if they had nothing to do with becoming pregnant. In the overwhelming majority of pregnancies this isn’t the case. Also I’m pretty sure that abandoning a child is against the law as a parent has responsibilities - this same logic should apply.
I am for States Rights but not when they violate inalienable rights - such as the right to live. Until we determine when a fetus becomes a separate life we’ll keep going round and round on this topic.
Posted on 1/31/19 at 2:09 pm to Midget Death Squad
I had not thought of this angle, but it looks like it could be very plausible and accurate.
Posted on 1/31/19 at 2:18 pm to Midget Death Squad
quote:
The dems have a strategy here, and I believe it is to get the SCOTUS to hear abortion arguments as soon as possible.
Why would these abortion laws go to the SCt. when they are in compliance with current SCt. jurisprudence and do not liberalize current abortion policy? You do understand that these laws are just hyperventilating democrats stoking fear that the SCt. is going to overturn RvW?
This post was edited on 1/31/19 at 2:20 pm
Posted on 1/31/19 at 2:24 pm to TBoy
quote:
Do you want this regulated by the states or not?
Unalienable rights are not State issues. If they were then Mississippi could legalize lynching blacks, Utah could murder indians, Cali could kill rednecks, et cetera, et cetera, et cetera
Your attempt at a gotcha was, like you, fricking retarded. Thanks for playing
Posted on 1/31/19 at 2:26 pm to Wednesday
quote:
I don’t understand the Handmaiden Tale Refernces
It's dumb, but the left loves to do it. They try to say that limiting or abolishing abortion is Big Man oppressing and turning them into whatever the frick a handmaiden is in the stupid show. I have learned to never try and apply logic to liberal thinking; it'll drive you nuts
Posted on 1/31/19 at 2:27 pm to Midget Death Squad
Thank you.
This is akin to the “what about fire and police” argument that gets thrown up to libertarians.
So stupid ....yet so commonly stated.
This is akin to the “what about fire and police” argument that gets thrown up to libertarians.
So stupid ....yet so commonly stated.
Posted on 1/31/19 at 2:40 pm to SquatchDawg
They can just give the child up for adoption
Posted on 1/31/19 at 2:42 pm to Midget Death Squad
"See them gathered in their masses,
Just like witches at Blacm Masses.
Evil Minds that plot destruction,
.
.
."
Posted on 1/31/19 at 2:46 pm to AggieHank86
quote:
So, someone please lay out the theory as to how this hypothetical case reaches SCOTUS.
Aggrieved father of a baby whose mother is threatening to have a late term abortion and/or prolife group advocating on behalf of an unborn baby killed late term brings a due process constitutional challenge against the state of New York, or Virginia or Rhode Island for depriving the baby of life without she procsss of Law and/or equal protection regarding a Down’s syndrome baby aborted on the Basis of a blood test indicating that the baby has a birth defect.
Supreme Court is then forced to square the laws against infanticide and criminalizing murder of a pregnant woman as murdering two people and is forced to consider the point at which the law considers a baby to be a human life entitling the baby to constitutional protection independent of the mother.
Pro abortion people always say “choice of the mother” and “mothers body.” They don’t want to acknowledge and consider that there are at least 3 people involved in her “decision” - mother, father (shares genetic traits with infant and necessary body parts of father form baby) and baby. I won't get into grandparents, aunts, uncles, brothers and sisters etc., who start loving unborn babies before they are born.
Edit: Dems better be careful what they wish for bc the Due Process / Equal Protection arguments are res nova, and they just set the stage for considering them. Dumb arse Democrats. ALWAYS overplay their hands. They just cannot help themselves
This post was edited on 1/31/19 at 2:50 pm
Posted on 1/31/19 at 2:51 pm to Wednesday
quote:
Aggrieved father of a baby whose mother is threatening to have a late term abortion
What would be the law violated to bring the case?
quote:
and/or prolife group advocating on behalf of an unborn baby killed late term brings a due process constitutional challenge against the state of New York, or Virginia or Rhode Island for depriving the baby of life without she procsss of Law and/or equal protection regarding a Down’s syndrome baby aborted on the Basis of a blood test indicating that the baby has a birth defect.
No standing. Further the VA, RI and NY laws do not liberalize the existing abortion policy as handed down by the SCt - they are in line with the status quo.
Posted on 1/31/19 at 2:53 pm to Wednesday
Has anyone ever been convicted of murder or manslaughter in NY of a pregnant woman?
Just saying, by the rationale of this law... if you kill the woman, it's just one murder, right?
And what about miscarriages? Can anyone be guilty in any way of causing one?
Or is this kind of thing solely a woman't prerogative and convenience?
Just saying, by the rationale of this law... if you kill the woman, it's just one murder, right?
And what about miscarriages? Can anyone be guilty in any way of causing one?
Or is this kind of thing solely a woman't prerogative and convenience?
Posted on 1/31/19 at 4:54 pm to cwill
quote:
What would be the law violated to bring the case?
Wrongful Death Lawsuit brought by Father against mother for murdering his child. Malpractice action against doctor, for advising mother to abort his child.
quote:
Standing
The baby is the Plaintiff.
A Minor child does not have capacity to sue, but a minor child can suffer harm. Example: if you wreck your car into another car containing a 3 year old child who suffers an injury or dies, he does not have the legal capacity to bring a lawsuit in his own name, but he can still sue. He has to have a legal representative do it for him/her. Usually, that’s a parent. There can be court appointed reps.
The baby is the plaintiff because the baby is a human. A human with rights. Just a human who is under the age of majority.
Posted on 1/31/19 at 4:57 pm to Sunbeam
quote:
Has anyone ever been convicted of murder or manslaughter in NY of a pregnant woman?
Would have to look up New York Law.
However, the state of California sentenced a guy named Scott Peterson to death for the murder of his wife Lacey, and their unborn child Conner.
I would assume if it’s possible to do in the land of fruits and nuts, it’s dedinitely possible in NY, Virginia or Rhode Island.
Edit: I also believe It is criminal conduct, for example, in Louisiana to use illicit drugs like cocaine when nursing or pregnant. Another of our criminal poliboard barristers May be more helpful on that front.
This post was edited on 1/31/19 at 4:59 pm
Posted on 1/31/19 at 5:16 pm to Midget Death Squad
quote:
These insane laws will most definitely be challenged, and they will wind up at the steps of the Supreme Court. They will be struck down and hopefully even stronger restrictions on abortion as a result. This last point is key. They WANT the SCOTUS to restrict abortion, because they are betting that this will create a mass furor in the country. They will play the "See we told you Republicans want to control women's bodies," and the talk of infanticide will be a forgotten moment.
You are stupid
Roe put a floor on how much states could regulate abortion. It did not put a ceiling on how far into a women's pregnancy could a state allow her to abort her fetus. None of these laxer abortion laws implicates the Constitution
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