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OK, I'll say it: goodbye, abortion and gay rights (edit: and affirmative action)
Posted by: rjmacs
Date: June 27, 2018 04:09PM
Since the replacement of Sandra Day O'Connor with Samuel Alito, abortion rights in the U.S. have been imperiled. In Casey (1992), Carhart (2000), and Hellerstedt (2016), Kennedy was the deciding vote to protect the rights enshrined in Roe (1973).

Likewise, Kennedy has been the critical and instrumental voice in ending anti-gay and sodomy laws Romer (1996), Lawrence (2003), overturning the Defense of Marriage Act Windsor (2013), and legalizing gay marriage Obergefell (2015).

Edit: I failed to mention that he has also been the firewall protecting affirmative action. So that, also, is over.

People are fond of saying, "it's a settled matter in the law," and "we'll never go backwards," but that's just not how human history has worked thus far. I predict that within two years, Roe and Obergefell are both substantially or wholly overturned.

Elections have consequences.



rj
AKA
Vreemac, Moth of the Future




Edited 2 time(s). Last edit at 06/27/2018 04:20PM by rjmacs.
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Re: OK, I'll say it: goodbye, abortion and gay rights
Posted by: cbelt3
Date: June 27, 2018 04:14PM
Well they can't name a replacement until after the elections, right ? That's what they did to Garland.
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Re: OK, I'll say it: goodbye, abortion and gay rights (edit: and affirmative action)
Posted by: sekker
Date: June 27, 2018 06:01PM
Partisan gerrymandering is now here to stay too
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Re: OK, I'll say it: goodbye, abortion and gay rights (edit: and affirmative action)
Posted by: Lemon Drop
Date: June 27, 2018 06:34PM
Yes I think already imperiled reproductive rights are in jeopardy. SCOTUS could overturn Roe v Wade and there would be states that would outlaw all abortions (cue nonprofits to fund airfare for poor women seeking to terminate pregnancies)

I've tried to tell young women I work with they shouldn't take things for granted, I guess they see now.

Kennedy was a conservative vote on a lot of things though. He's been one of the most powerful people on the court for a while but he was never one of my favorites.
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Re: OK, I'll say it: goodbye, abortion and gay rights (edit: and affirmative action)
Posted by: $tevie
Date: June 27, 2018 11:33PM
Kennedy was indeed a swing voter, back and forth. He gave us Citizens United which I would say contributed mightily to our being in a place where his leave-taking is such a big deal.



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Re: OK, I'll say it: goodbye, abortion and gay rights (edit: and affirmative action)
Posted by: gabester
Date: June 28, 2018 05:33AM
You forgot some other things - long presumed to be settled matters of law - that will be going away:

American For Disabilities Act
Environmental Protection Agency
Community Reinvestment Act
Any shot at single payer health care
Regulations on powerful corporations
Restrictions on the power of the wealthy
Fair trials
Right to vote
Democracy
Pax Americana

Things that will be coming back:
Slavery (in the form of indentured servitude, due to the loss of upward mobility for people who aren't of the right political persuasion - i.e. those who are nonwhite, nonmale, nonreligious, nonconservatives)
Gestapo and Death Camps for enemies of the regime
Thousand Year Reich
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Re: OK, I'll say it: goodbye, abortion and gay rights (edit: and affirmative action)
Posted by: Janit
Date: June 28, 2018 06:19AM
I fear for the next generation.
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Re: OK, I'll say it: goodbye, abortion and gay rights (edit: and affirmative action)
Posted by: samintx
Date: June 28, 2018 07:24AM
It is prehistoric to make women go to dark alleys and possible punishment for an abortion. This and the Ginsburg appointment in the future will be the last nail in America's freedom coffin. One by one our freedoms are being lost so we will become numb and not notice.
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Re: OK, I'll say it: goodbye, abortion and gay rights (edit: and affirmative action)
Posted by: swampy
Date: June 28, 2018 07:54AM
Speculation.



If you don't stand for something, you'll probably fall for anything.t
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Re: OK, I'll say it: goodbye, abortion and gay rights (edit: and affirmative action)
Posted by: J Marston
Date: June 28, 2018 09:23AM
Quote
swampy
Speculation.

Of course.

But evangelicals supported--and continue to support--Trump in record numbers. He has to pay them back: Neil Gorsuch was one, this next pick will be another. And these judges will support an activist agenda (Gorsuch, for example, is no libertarian).

Roe need not be overturned per se to get what they want: allow states to pass whatever regulations they want, ignore the Casey "undue burden" standard, and there you go. Some number of states--18, I believe--have "trigger" laws that will automatically outlaw abortion if Roe is overturned.

This is all part of an evolving heartland vs. coast pattern in American politics. By 2045 it is estimated that more than 50% of the population will live in just 15 states, most of them coastal, and only one (Georgia) reliably Republican. That means that 70 senators will be chosen by less than 50% of the population, just in case you thought this problem would lessen with time.
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Re: OK, I'll say it: goodbye, abortion and gay rights (edit: and affirmative action)
Posted by: samintx
Date: June 28, 2018 09:37AM
Quote
swampy
Speculation.

swampy, Trump vowed to repeal abortion in his primaries and also on video told Chris Matthews women should be punished if they had an abortion. So not speculation I fear.
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Re: OK, I'll say it: goodbye, abortion and gay rights (edit: and affirmative action)
Posted by: neophyte
Date: June 28, 2018 12:18PM
Quote
gabester
You forgot some other things - long presumed to be settled matters of law:

[snip]

Things that will be coming back:
Slavery (in the form of indentured servitude, due to the loss of upward mobility for people who aren't of the right political persuasion - i.e. those who are nonwhite, nonmale, nonreligious nonChristian, nonconservatives) [snip]

FTFY
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Re: OK, I'll say it: goodbye, abortion and gay rights (edit: and affirmative action)
Posted by: $tevie
Date: June 28, 2018 10:36PM
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Re: OK, I'll say it: goodbye, abortion and gay rights (edit: and affirmative action)
Posted by: Lemon Drop
Date: June 29, 2018 01:17PM
Quote
$tevie

thumbs up
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