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There's a big difference between state legislation and federal legislation. Legolas Send a noteboard - 25/09/2020 11:32:26 AM

View original post... to the idea that the Conservatives in the court won't challenge legislation passed on these issues. The ACA has been a good example. With Roberts as a swing vote, it's been limping along, but with a 6-3 majority, it wouldn't stand a chance.

The conservatives in the court are sceptical about the federal government overstepping its authority, but state governments are another story. It could definitely lead to major changes and the rolling back of some of the power/authority of the federal government. Which, as I mentioned, carries a risk of eventually pushing the states further apart to the point that the union might fracture.
View original postAnd if you think a legislative right to abortion wouldn't be challenged in the Supreme Court... I really dunno what to say to you.

I do think that. Blue states tend to already have legislation that would keep abortion legal even if Roe gets overturned - and I don't see any reason why such legislation would be struck down.
View original postMore than that, the current conservative majority has shown itself to be starkly pro-business to the point of allowing them religious exemptions from laws, eviscerating the Voting Rights Act (another legislative accomplishment), and poised to gut the concept of the administrative state by severely crippling those parts of the Executive that take Congress's laws and make the rules and enforcement mechanism to make it ground reality.

View original postYou try imagining solving Climate Change without the EPA beging allowed to take a Congressional mandate to curb emissions, then write rules for various businesses and states to follow to achieve that goal. Gorsuch and his idealogical allies in the Court believe this is unacceptable. That Congress needs to actually legislate on every one of these details.

I don't really disagree with any of that. But the point remains that if liberals absolutely require a supportive SC that's willing to support their interpretation for all those things, then they have bigger problems - i.e., federal law and the constitution being inadequate and needing to be changed. Attempts to keep the SC under control with schemes like this, are just desperate attempts to gloss over the more fundamental problems and are not going to last in the mid to long term.
View original postAa for it being odd that it's the court that legalized abortion and gay marriage .. the United States is far from alone there. Europe is different, but other multi-ethnic Democracies like India also have the courts being the source of this kind of expansion of rights.

Abortion is a delicate topic where a balance needs to be struck between the pregnant woman's rights and those of the future baby - it's something that really needs to be settled by a legislative assembly that can weigh all the factors involved and reach a compromise acceptable for most of society, not by a court making far-fetched extrapolations from a constitution's guarantee of rights. Abortion being legal in the entire US thanks to Roe v Wade may be better than it not being legal at all, but it really would be a lot better to have it legal because laws were passed making it so. Same-sex marriage is more straightforward and could more easily be decided by a court, but to some extent the same point still applies due to the historical religious and moral objections against homosexuality, however baseless those may seem to us now.
View original postI do agree Roe was decided weirdly, in that locating the right to abortion in some concept of privacy, as opposed to equal protection, is weird, like Ginsburg said. Same with Kennedy's opinion on Gay marriage. But whoever they arrived on those decisions, I see nothing wrong fundamentally with Courts being a source of the expansion of rights for minorities and discriminated classes of citizens. That's the release valve for democracies where partisan gridlock prevents movement on these issues.

I guess this may have to do with the civil law vs common law differences, with most of Europe except the UK/Ireland being used to civil law in which it really isn't the courts' job to be expanding rights, just to enforce the laws and constitutions as they are. Which makes me more inclined to take a 'conservative' view on American law as well, even though I'm fairly progressive on this kind of social topics. If the SC needs to twist and very selectively interpret the constitution to justify its decisions, then it's far too close for comfort to an unelected nine-person panel just deciding about things which ought to be in the legislative's purview.
View original postWhich is why statehood for DC and Puerto Rico is gaining steam. Expect that to become a bigger issue in the coming decade.

Indeed. I read an article the other day by a Trump-sceptical conservative in which he was sceptical about the whole court packing thing - so I agreed with that - but also mentioned in passing that he considered statehood for DC / Puerto Rico just as misguided and doomed as court packing. Which I definitely do not agree with. I don't see any good reason why Puerto Rico or DC shouldn't have voting rights in the Senate when states with significantly smaller populations do have them. Although I also read articles warning that Dems shouldn't expect to easily pick up 2 Senate seats in Puerto Rico in such a case.
View original postExcept not really democratically, due to gerrymandering.

Gerrymandering is practiced by both parties, but yes, that's another problem, reducing the minority party's representation in state legislatures.
View original postI can't agree. The cost is too high. Is it a toxic debate? Yes. But having hundreds of thousands of women forced to chose between carrying to term a fetus they do not want, or to use illegal and potentially dangerous means to abort the baby themselves? Just...no.

I'm not saying I would choose for it to happen. Just that there's a limit to how far I'd go in fighting it against a democratic majority intent on banning it, and to how much I'd want to let the entire political system get bent out of shape over it.
View original postTo me, that genuinely feels like saying, "let the states decide on slavery, at least it removes this toxic debate from the federal stage, and prevents a civil war".

Sure, I can see the similarity. But slavery was a blatant betrayal of the ideals on which the US was founded - and, by the time of the civil war, had become illegal and a moral non-starter in most of the rest of the world as well. I support reproductive rights but I don't think it's that simple there - and it certainly isn't a simple black or white matter which you either legalize or outlaw, all or nothing.
View original postI'm not saying that's your position. But that toxicity is a small price to pay to give women autonomy over their own bodies. I live a few blocks from the last Planned Parenthood in my state that can legally carry out abortions. Women come here from hundreds of miles away just to get a pill to do what they should be able to do at a local clinic. Many of these women are poor, unable to afford the day off they need to take. It would be a gross miscarriage if justice to force them to have to do even more. It really is a no go for me, sorry.

There comes a point where it's cheaper to provide plane tickets to blue states to the women who really need them, than to keep going on like this.
View original postSure but I don't see how surrendering is somehow better. There have been other issues where one topic has similarly dominated national politics for a generation. They've all been worth it, no?

I don't say surrender the fight on reproductive rights. Keep fighting for them, by all means - just surrender on the increasingly desperate attempts to keep a majority on the SC at any cost in order to defend Roe v Wade.
View original postI don't quite buy that once Roe is resolved, the base will have less incentive to vote Republican. Trump showed that there's a way to activate that base on other issues. Roe may have been the scent that drew them in. But the past few decades have resulted in other issues that are important to this demographic becoming major parts of the GOP platform. Whether it's bathroom bills, those absurd religious freedom laws that give businesses exemptions, or guns or barely disguised racism, there's plenty of issues for the GOP to mine to keep their base activated and excited to vote.

None of those other topics have even remotely the same importance for such a huge number of Republican voters as the abortion debate, though. There is a crazy number of people who really are single issue voters on that one particular point. Some of them would be happy to vote Democratic if not for that, others might lose their interest in voting at all. Yes, many would of course keep voting Republican either way - but far from all.
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