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Texas abortion law upheld by Fifth Circuit Appeals Court (win for texas taliban)
Posted by: Steve G.
Date: October 08, 2021 09:11PM
damn

Texas wins bid to reinstate abortion law challenged by Biden administration
[www.reuters.com]

WASHINGTON, Oct 8 (Reuters) - A U.S. appeals court on Friday reinstated Texas's near-total ban on abortion, dealing a setback to abortion rights advocates.

The U.S. Court of Appeals for the Fifth Circuit, an intermediate appeals court, said a lower court judge should not have issued an Oct. 6 injunction that halted enforcement of the law.
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Re: Texas abortion law upheld by Fifth Circuit Appeals Court (win for texas taliban)
Posted by: space-time
Date: October 08, 2021 09:19PM
F U C K

T H E M



Edited 1 time(s). Last edit at 10/08/2021 09:21PM by space-time.
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Re: Texas abortion law upheld by Fifth Circuit Appeals Court (win for texas taliban)
Posted by: bfd
Date: October 08, 2021 10:52PM
Keep moving it up the ladder. If SCOTUS upholds it, there could well be some serious violins in the streets … the kind that'd make BLM last summer look like a 4th of July Picnic…
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Re: Texas abortion law upheld by Fifth Circuit Appeals Court (win for texas taliban)
Posted by: Speedy
Date: October 09, 2021 05:48AM
Quote
bfd
Keep moving it up the ladder. If SCOTUS upholds it, there could well be some serious violins in the streets … the kind that'd make BLM last summer look like a 4th of July Picnic…

Nope, being pro-birth is the only, only cause with a lot of groups, especially lots of churches. Pro-choice groups are far smaller. “I’ll never need an abortion,” and “It’s up to her, I was just into it for a one-night stand,” never brings out huge crowds. How many have marched in the streets in Austin since the law went into effect?

Elections have consequences.



Saint Cloud, Minnesota, where the weather is wonderful even when it isn't.



Edited 1 time(s). Last edit at 10/09/2021 05:49AM by Speedy.
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Re: Texas abortion law upheld by Fifth Circuit Appeals Court (win for texas taliban)
Posted by: Sarcany
Date: October 09, 2021 07:43AM
45 stacked the courts with loyalists, religious nutters, idiots and lackeys.

Lifetime appointments.

Elections have consequences. And these consequences will corrupt the judiciary and distort the shape of American law for decades if not centuries as they mistake the law, decide cases on the basis of political and religious extremist doctrines, and set hundreds of thousands of bad precedents over their lifetimes.

This, more than anything else 45 did, is our "fall of the Roman empire" moment.



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Re: Texas abortion law upheld by Fifth Circuit Appeals Court (win for texas taliban)
Posted by: sekker
Date: October 09, 2021 08:38AM
This is just wrong.

How many MDs will have to go to jail before this law gets overturned?

Seriously, I expect SCOTUS to overturn this law on how it is designed, not on women’s rights.



Edited 1 time(s). Last edit at 10/09/2021 08:38AM by sekker.
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Re: Texas abortion law upheld by Fifth Circuit Appeals Court (win for texas taliban)
Posted by: pdq
Date: October 09, 2021 09:10AM
My impression, based on a quick read which may be wrong, is that they issued a temporary hold and that they will be taking a look at the law and Pittman’s ruling invalidating it.

But it needs to go to the Supremes, and soon. It’s ridiculous that SCOTUS didn’t shut down this nonsense the first time they had the chance. The conservative wing of the high court now has the choice: back down and (embarrassingly) agree that what Texas is trying sets up an unworkable legal framework, or declare 50 years of Roe v Wade precedent and centuries of civil law as inoperative.

If it’s the latter, I don’t know what happens in this country.
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Re: Texas abortion law upheld by Fifth Circuit Appeals Court (win for texas taliban)
Posted by: graylocks
Date: October 09, 2021 09:11AM
Quote
Sarcany
45 conservative republicans who have been planning and manuevering for DECADES realized there was a fool in the white house and took their chance to stack the courts with loyalists, religious nutters, idiots and lackeys.

Lifetime appointments.

Fixed that for ya.



"Success isn't about how much money you make. It is about the difference you make in people's lives."--Michelle Obama



Edited 1 time(s). Last edit at 10/09/2021 09:13AM by graylocks.
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Re: Texas abortion law upheld by Fifth Circuit Appeals Court (win for texas taliban)
Posted by: mattkime
Date: October 09, 2021 09:36AM
We need to pass something similarly stupid but for gun sales.



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Re: Texas abortion law upheld by Fifth Circuit Appeals Court (win for texas taliban)
Posted by: pdq
Date: October 09, 2021 09:49AM
Quote
mattkime
We need to pass something similarly stupid but for gun sales.

That’s definitely one approach, if SCOTUS was foolish enough to let this law and deranged legal framework to stand.
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Re: Texas abortion law upheld by Fifth Circuit Appeals Court (win for texas taliban)
Posted by: Ombligo
Date: October 09, 2021 10:24AM
Using the same tactic against guns won't work - the second amendment directly addresses the issue. It would be the same as allowing the tactic to shut down catholic churches or newspapers. Those issues are in the bill of rights with no wiggle room.

Roe v Wade is based on privacy not the right to an abortion. That leaves it open to individual interpretation. Previous courts dodged it, this court has a number of justices that want to reexamine the ruling for some justifiable legal reasons.

The danger of texas' approach is that it could be used against things not directly addressed by the constitution or Bill of Rights. That is pretty much any decision based on the 14th amendment. That would include Loving v Virginia or Obergefell v. Hodges, Brown v Board of Education, Griswold v. Connecticut, Gideon v. Wainwright, and Gitlow v. New York amongst others. Given the right makeup of nuts in the state legislatures, any or all of those cases could be attacked.



“No persons are more frequently wrong, than those who will not admit they are wrong.”
-- François de La Rochefoucauld

Growing older is mandatory. Growing up is optional.
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Re: Texas abortion law upheld by Fifth Circuit Appeals Court (win for texas taliban)
Posted by: Ted King
Date: October 09, 2021 12:02PM
.



e pluribus unum



Edited 1 time(s). Last edit at 10/09/2021 12:02PM by Ted King.
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Re: Texas abortion law upheld by Fifth Circuit Appeals Court (win for texas taliban)
Posted by: pdq
Date: October 09, 2021 12:16PM
Quote
Ombligo
Roe v Wade is based on privacy not the right to an abortion. That leaves it open to individual interpretation.

I completely disagree. The Supreme Court interpretation is the law of the land, no matter what the Constitution says, no individual interpretation needed. Don’t believe it? Check out that 14th amendment - “The validity of the public debt of the United States…shall not be questioned.” And yet there is talk of default.

Until the SCOTUS overturns Roe v Wade, there is a right to abortion in this country. Period.
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Re: Texas abortion law upheld by Fifth Circuit Appeals Court (win for texas taliban)
Posted by: PeterB
Date: October 09, 2021 02:36PM
Quote
pdq
Quote
Ombligo
Roe v Wade is based on privacy not the right to an abortion. That leaves it open to individual interpretation.

I completely disagree. The Supreme Court interpretation is the law of the land, no matter what the Constitution says, no individual interpretation needed. Don’t believe it? Check out that 14th amendment - “The validity of the public debt of the United States…shall not be questioned.” And yet there is talk of default.

Until the SCOTUS overturns Roe v Wade, there is a right to abortion in this country. Period.

The SC is not a legislative body -- they don't make laws, only interpret the ones that exist and/or find them constitutional or unconstitutional and strike them down/leave them be. Ombligo is correct that Roe v. Wade was based on the right to privacy ... I posted some good links on the subject in another thread. Note that I'm not saying I like any of this, but it is the reality we're all dealing with. There is stare decisis in this case, which gives the SC the ability to uphold Roe v. Wade based on prior cases... but they might also just overturn it, not feeling bound by stare decisis.




Freya says, 'Hello from NOLA, baby!' (Laissez bon temps rouler!)
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Re: Texas abortion law upheld by Fifth Circuit Appeals Court (win for texas taliban)
Posted by: pdq
Date: October 09, 2021 03:55PM
Well, we’re arguing over words here - I consider the right for a same-sex couple to marry as the law of the land - and not subject to individual interpretation - despite the lack of a national law or anything in the constitution saying so.

That’s where we’re at with abortion right now. Could it change? I suppose, just as the right to marry could change, but whoever sets out to reverse either ought to have a well-reasoned legal argument to do so that I cannot conceive of right now.
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Re: Texas abortion law upheld by Fifth Circuit Appeals Court (win for texas taliban)
Posted by: Sarcany
Date: October 09, 2021 04:04PM
FYI: The SCOTUS only has ultimate authority over matters of the Constitution because they gave themselves that authority in Marbury v Madison and people let that be.

It's not "original" law. If any of the so-called "originalist" justices actually tried to follow the intention of the founders and their written words then the Court would not have anything like the powers it claims for itself today.

The Constitution says "The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority..."

It does not say that the judiciary has final authority, but it does say that the courts are established by Congress, which seems to imply pretty clearly that the judiciary gets its power via delegation from Congress.



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Re: Texas abortion law upheld by Fifth Circuit Appeals Court (win for texas taliban)
Posted by: pdq
Date: October 09, 2021 04:13PM
As I said, we’re arguing over words. Functionally, Roe v Wade is the law of the land and will remain so until some dark day that the SCOTUS says not so. Or until the fascist takeover, neither of which I want to be around to see.
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Re: Texas abortion law upheld by Fifth Circuit Appeals Court (win for texas taliban)
Posted by: Acer
Date: October 09, 2021 04:24PM
The uber-SCOTUS did finally clear the way for desegregation and civil rights when Congress and the southern states were dragging their feet. (Took them 100 years, but hey, no one is perfect.) One could argue that the uber-SCOTUS is the remedy to the gridlock inherent in a bicameral, two-party legislature. But with that power comes risk.
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Re: Texas abortion law upheld by Fifth Circuit Appeals Court (win for texas taliban)
Posted by: deckeda
Date: October 09, 2021 07:49PM
The goal is clearly to both let Roe and the Texas gotcha law stand. It’ll require twisted logic and technicalities from conservatives. Precedent, intent, logic, and reasoning are not their strengths.

But every time Ken Paxton repeats the lie that a state cannot enforce a law they created it just sounds ever-more ridiculous. The legal strategy depends heavily on, “This had never been done before, therefore it’s probably OK.”
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