So it could well be signed and then a lengthy court case. And if Trump wins and appoints a pro-life Supreme Court justice could the Supreme Court approve it?
Since Roe v. Wade effectively struck down all existing anti-abortion legislation, I imagine the is the equivalent of passing a law making it illegal to marry a black person to a white person. It’s probably unconstitutional and unenforceable.
The problem is, someone has to perform an abortion and get arrested in order to test the law. A doctor has to be willing to have his privileges at least temporarily suspended. It’s going to have to be a doctor very committed to choice, and one without any dependents who will suffer if he or she loses livelihood temporarily. Or, I suppose it might be someone licensed in more than one state, but if the doctor is arrested that won’t help much.
I think actually it doesn’t have to be a doctor to contest the law. I would think that a woman wanting an abortion could sue for unnecessary hardship since now she has to leave the state or engage in risky (and probably also illegal) activity to have access to an abortion.
SC just passed a 19 weeks bill. I’m in awe that this is 2016 and we’re dealing with this utter lunacy. Just absolutely dumbfounded.
Me too, particularly since the general population’s “pro choice” stance is at an all-time high.
But this will just be overturned as unconstitutional and cost the state’s taxpayers a bunch of $$$ for nothing (happened recently in some other state, one of the Dakotas? I forget). More concerning are the hundreds of what are called TRAP laws that the GOP have been passing right and left over the last year or two. These just make it next to impossible for anyone to get an abortion, or make women go through humiliating and non-medically necessary (transvaginal ultrasounds) or even non-medically necessary but potentially dangerous (pain medication for fetuses) procedures. It is possible these laws are not unconstitutional. The supreme court is looking at some of the ones in Texas that have prompted some 200,000 women to attempt potentially lethal DIY abortions and should have a decision this summer as to whether TRAP laws, or at least some TRAP laws, are constitutional.
I would think the law stating performing an abortion is a felony is also completely unconstitutional-if abortion is legal, how can it be a felony to perform one? and will just be overturned once someone starts a lawsuit.
Even more bizarre the “pro-life” people tend to be opposed to the only proven way to reduce the abortion rate: highly effective, affordable, readily accessible contraception. Note the GOP’s increasingly weird attempts to defund Planned Parenthood, where a significant proportion of poor and young people go to obtain contraception.
This is not correct. Challenges to abortion restrictions in the modern era have generally proceeded as facial challenges on behalf of classes of physicians, before the law has been broken.
That sound you heard is twenty million Sanders supporters suddenly realizing they’re going to vote for Hillary Clinton after all.
This is a bigger shot in the foot for Republicans than Trump is. The Republicans have always benefited from having abortion around as an issue. But the day it looks like they might actually succeed in outlawing abortions is the day the Republican party dies.
I wish there were terms other than “pro-life” and “Pro-choice” to use when labeling positions on abortion.
I supoose I would be described as pro-choice. I believe a woman should be in charge of her own body and decide for herself whether or not she should have an abortion. And the procedure should be able to be obtained safely and legally, since it’s gonna happen whether there’s a law against it or not. Yet I don’t like abortion, would never have had one myself, and I believe life begins at conception. That doesn’t, however, give me the right to tell someone else what to do with their own body. So how would I be labeled?
Not only that, but a total lack of funding for social programs to support the mother after the child is born. Food, medical care, daycare… make the mother pay for it! Get two jobs if you have to! It’s like they only care about the fetuses as a human beings until they are born, then they are on their own.
That’s assuming he is the right wing Republican he is playing over the last few months and not the guy he was the rest of his life. If I had to guess I would say he spends as much time thinking about abortion as he does about religion. He is currently pandering to those he wants to vote for him but that doesn’t mean it will carry over.
Trump just released a list of 11 people that he would consider for the Supreme Court, you can see it here. They are all somewhat or very conservative, and some of them very anti-abortion. One who reinstated a law that required abortion providers tell their patients that abortions lead to an increased risk of suicide (when they actually don’t), another decided a fetus counts as a child for the purposes of a law in Utah, none of them seem the least bit moderate on abortion. And before he released his list, Trump promised to appoint anti-abortion judges:
Maybe he is just completely pandering and doesn’t care about abortion, but if he is purely pandering, then I don’t see any indication that he would change after election day. He wouldn’t be able to follow through on all the crazy promises he’s made, he’d probably spend a lot of time golfing and making the White House much more gold, but he likely would be able to nominate at least one Supreme Court judge. I really wouldn’t want to gamble that this list of 11 conservative judges is a lie and he’ll nominate someone else more moderate on abortion, I hope all voters carefully consider the same.
Some pro-life people distribute a bumper sticker that says “choose life”. That’s one bumper sticker that never makes me angry, I don’t find that sentiment at all bothersome. By all means, pro-life people, use your right to choose and choose life, I celebrate you for it. Let the rest of us make our choices as well and we’re cool with each other.