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re: South Carolina Supreme Court rules state consitution contains right to privacy, abortion

Posted on 1/6/23 at 7:30 am to
Posted by Ag Zwin
Member since Mar 2016
25504 posts
Posted on 1/6/23 at 7:30 am to
quote:

Now we get to see how much the "states' rights" meme was genuine or a lie to hide real goals


“States rights” is still valid, but that doesn’t mean the state court gets to use the same bad legal logic that Roe v Wade did on a federal level.
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 1/6/23 at 7:45 am to
quote:

the state court gets to use the same bad legal logic that Roe v Wade did on a federal level.
The difference is that the language which SCOTUS “interpreted“ into the US constitution seems to actually be PRESENT in the South Carolina constitution.
Posted by AubieinNC2009
Mountain NC
Member since Dec 2018
7074 posts
Posted on 1/6/23 at 7:52 am to
quote:

Not true in all states. In Alabama, someone killing a pregnant woman can be charged with two murders.


That has been fought and overturned in most states.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
467695 posts
Posted on 1/6/23 at 7:56 am to
quote:

“States rights” is still valid, but that doesn’t mean the state court gets to use the same bad legal logic that Roe v Wade did on a federal level.

Uh, why not? It's their right.

Also, the language of the different constitutions are different.
Posted by rebelrouser
Columbia, SC
Member since Feb 2013
12848 posts
Posted on 1/6/23 at 7:56 am to
quote:

Justice Few


One of the dumbest lawyers I have ever met but the legislature really hits a new low. We are a backward redneck state.
Posted by mtntiger
Asheville, NC
Member since Oct 2003
29378 posts
Posted on 1/6/23 at 7:58 am to
quote:

Even so, the court’s majority said that the right to abortion “was not absolute, and must be balanced against the State’s interest in protecting unborn life.”



This is an absurd statement. If the right to an abortion is not absolute, then what are the restrictions that may be placed upon it?

If the Court recognizes that the State has an interest in protecting unborn life, then how can any abortion be allowed, except in the case of an ectopic pregnancy where the baby is doomed regardless but the mother can be saved.

This ain't over. Legislature has work to do.
Posted by dgnx6
Member since Feb 2006
86387 posts
Posted on 1/6/23 at 7:58 am to
quote:

a woman’s privacy and equal rights.



Equal rights? Well what about the fathers rights and the you know, baby humans rights?

Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 1/6/23 at 7:59 am to
quote:

We (in SC) are a backward redneck state.
Rare board unanimity on this point.
Posted by Drizzt
Cimmeria
Member since Aug 2013
14881 posts
Posted on 1/6/23 at 8:00 am to
SC Supreme Court says mothers have a right to murder their kids and State also has right to protect the unborn. Makes sense.
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 1/6/23 at 8:00 am to
quote:

This is an absurd statement. If the right to an abortion is not absolute, then what are the restrictions that may be placed upon it?

If the Court recognizes that the State has an interest in protecting unborn life, then how can any abortion be allowed, except in the case of an ectopic pregnancy where the baby is doomed regardless but the mother can be saved.
If only SCOTUS had answered these questions (multiple times) over the past 50 years.
Posted by Azkiger
Member since Nov 2016
27032 posts
Posted on 1/6/23 at 8:01 am to
I'm with Foo here, how do you get to a right to privacy to a right to an abortion?
Posted by Flats
Member since Jul 2019
26950 posts
Posted on 1/6/23 at 8:02 am to
quote:

As it should be.


It should be left to state legislators. I don’t think many people wanted to swap federal judicial fiat for a state version.
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
298087 posts
Posted on 1/6/23 at 8:02 am to
Do not care. Less Democrats in the country is a good thing.

If SC wants to enact eugenics, let them. Evidently women aren't capable of being mothers these days.
This post was edited on 1/6/23 at 8:13 am
Posted by Pettifogger
I don't really care, Margaret
Member since Feb 2012
86131 posts
Posted on 1/6/23 at 8:03 am to
quote:

Now we get to see how much the "states' rights" meme was genuine or a lie to hide real goals


Being for states’ rights doesn’t mean you stop advocating for states to ban barbarism
Posted by lowspark12
nashville, tn
Member since Aug 2009
22526 posts
Posted on 1/6/23 at 8:03 am to
quote:

As it should be.


Why stop at the states?… why not let each county decide?… or each city?… or each neighborhood?

Or, why not let each individual decide?
Posted by GumboPot
Member since Mar 2009
138911 posts
Posted on 1/6/23 at 8:03 am to
I don't like the ruling but I'm happy that this issue is being fought at the state level as it should be and should have always been.
Posted by lowspark12
nashville, tn
Member since Aug 2009
22526 posts
Posted on 1/6/23 at 8:07 am to
quote:

Being for states’ rights doesn’t mean you stop advocating for states to ban barbarism


In the 1860s most Americans wanted to end barbarism, but states’ rights was the excuse used to prevent that from happening.

I guess South Carolina is just doing what it’s always done.
This post was edited on 1/6/23 at 8:08 am
Posted by dgnx6
Member since Feb 2006
86387 posts
Posted on 1/6/23 at 8:08 am to
quote:

Being for states’ rights doesn’t mean you stop advocating for states to ban barbarism



Right, I can still disagree with SCs ruling. And the mental gymnastics it takes to call abortion equal rights.

Posted by Pettifogger
I don't really care, Margaret
Member since Feb 2012
86131 posts
Posted on 1/6/23 at 8:09 am to
quote:

In the 1860s most Americans wanted to end barbarism, but states’ rights was the excuse used to prevent that from happening.

I guess South Carolina is just doing what it’s always done.


Listen when I get my way and this entire country is Christian Nationalist ya’ll won’t have to worry about these things anymore
Posted by lowspark12
nashville, tn
Member since Aug 2009
22526 posts
Posted on 1/6/23 at 8:09 am to
Its a good litmus test for the states’ rights absolutists.

You may not like it, but it’s their interpretation of their law.
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