Supreme Court has voted to overturn abortion rights, draft opinion shows
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This is a private matter between any individual and their doctor.
Of course rich individuals will still be able to fly to countries like UK or Germany to receive mainstream medicine backed by mainstream science.
Having read the leaked opinion, it has nothing at all to do with religious ideology, but rather separation of powers. The fact is, Congress should have acted years ago (including most recently under Obama when they had a supermajority) to enshrine abortion rights in federal law since Roe was always on weak ground constitutionally.
Also, medical advancements and knowledge have grown tremendously in the last 50 years, so "the science" no longer views a 32 week old fetus as a parasite to be freely disposed of, and one doesn't need to be religious to see doing so as morally bad.
So then you're left with the logical problem of where to draw the line - 8 weeks? 24 weeks? 39 weeks? And that isn't something the Constitution covers, therefore it needs to be left to the states. Removing emotion from it, it was logically correct.
Then there should be no problem regulating that to ensure they are only performed that late due to those defined medical problems with the fetus, or if the life of the mother is in danger, right? I think most people would agree with that.
We definitely need to regulate it.
Then I would ask that you trust people to read a whole sentence.
> States ought not ban medical procedures which are mainstream in major countries around the world on the basis of religious ideology, but unfortunately that's what's happening in states like Texas.
Have you read the GOP platform for Texas?
There is no scientific basis to support the idea that a 38 week old fetus isn't viable or that it somehow only gains sentience once it passes through the birth canal. So then you have to draw a line somewhere, a line which will likely change over time as medical advancements occur - and so that is a matter for legislatures to handle.
There just isn't a constitutional basis for Roe, and all defenses of it are based on emotion not logic.
The question I pose is whether an individual ought be able to seek medical services which are mainstream across the west in consultation with their doctor. In accordance with the projected SCOTUS ruling, the answer for states like Texas is <no>. And the debate will not be along the lines of mainstream medical empiricism.
As a democratic plurality, we ought demand that such state medical decisions be anchored on secular & empirical reasoning which groups from various religious backgrounds can understand, but this will not happen in states like Texas. What we do see in Texas is movement further away from the mainstream medical consensus and ethical standards of our western peers.
As for a constitutional basis for the right to privacy, I am not a constitutional lawyer, and I do not pretend to be fluent with constitutional law, especially not enough to denigrate arguments as being emotional and illogical on the merits of the law. If you are a constitutional lawyer, then it would expedite the conversation if you presented your professional credentials.
I am also not a medical professional. That is why I rely on my doctor to consult with professional bodies of science and medicine to deploy treatment in accordance with mainstream practice.
We can both save time by reading the draft opinion, which was created by the foremost Constitutional experts in the world.
In it, you'll see relying on a 50 year old decision that was loosely predicated on an unrelated right to dictate national abortion laws, is outmoded. Privacy doesn't cover the sentience of a 39 week old fetus for instance..
I actually think most people are in agreement on the issue, they just don't realize it. A tiny percentage of people support no regulations at all on abortion (ie even an elective abortion at 39 weeks with no medical necessity would be legal), and an equally tiny percentage on the other side who would even be against Plan B or abortions in the first few weeks. The problem though is then that means you have to draw a line somewhere on non-medically necessary abortions (8 weeks? 24 weeks? Something else) and that isn't something that the Roe decision is able to address, so we have to look to legislatures (state and Congress) to do their jobs.
You talk about "reading" things, but this is my original post:
> States ought not ban medical procedures which are mainstream in major countries around the world on the basis of religious ideology, but unfortunately that's what's happening in states like Texas.
> This is a private matter between any individual and their doctor.
> Of course rich individuals will still be able to fly to countries like UK or Germany to receive mainstream medicine backed by mainstream science.
I have talked only on the consequences which are to follow in states like TX and how state medical policy ought be conducted — in accordance with mainstream medical practice as developed by national and western consensus among professional medical and scientific bodies. This is precisely the sort of state-level debate that you allege to support, and yet are completely ignoring.
This isn't the consensus though. For instance, at 39 weeks very few people consider the baby irrelevant in the "private decision between mom and doctor" any more than they would that of a 1 week old baby. By that point in the pregnancy, the baby has to be considered. It is no longer just the mother and doctor. If you think it is, then what magically happens in the birth canal to convey sentience?
Are we pretending there is no difference in a 3 week old zygote and a 39 week old fully viable child that has yet to exit the birth canal? Now do you see the issue? At some point, there are more than 2 beings (mom and doctor) involved in and affected by the decision..
because the two issues are not even remotely linked.
You get vaccinated for the community, it's a "bigger than you" problem, it's for "the greater good".
Women that want to get an abortion most of the time didn't want the baby they are carrying, they were forced to.
So it's reversed: if someone forced you to get COVID using violence but the supreme court blocked you from getting the vaccine, it would be right to scream "my body my choice".
Clearer now?
I'm not sure I get the argument either. Is the danger that God grabs his ban hammer and stomps western society because a woman living as part of that society decided to end a pregnancy?
Fwiw: I was against a vaccination requirement for COVID-19, but categorically denying that it might be necessary for another virus is a very dangerous worldview. It's not necessarily a choice an individual can do, because herd immunity is a thing and vaccinations usually don't make you immune to a virus, it usually just improves the odds your immune system has against it.
They think you and the world will be better for it. Its certainly not my argument
>Is the danger that God grabs his ban hammer and stomps western society because a woman living as part of that society decided to end a pregnancy?
Being scared of the ban hammer is history for the last 300 years of Catholicism.
Despite the possibility of second thoughts, this is still very worrying for constitutional rights in general. The chances of other important cases for individual rights like Griswold v. Connecticut being overturned just increased greatly.
Similar issues exist about masks too. (e.g. concerns of immunocompromised people)
There is no "right not to mask". A right not to mask would mean that such a law would not be enforceable. But the court found no such right. It simply found that the executive was interpreting a statute incorrectly.
Specifically, the Biden administration believed that a piece of legislation gave them the authority to mandate masks in certain workplaces. The court disagreed except for in the case of medical facilities. In particular, the court said nothing about what would happen if, hypothetically, Congress were to pass a law clarifying that OSHA does indeed have the authority to mandate masking.
The SCOTUS decisions regarding masking/vaccines were not cases of constitutional law or individual rights. Rather, SCOTUS was simply ruling on the meaning of a statute passed by the legislature and enforced by the executive. Individual constitutional rights were not in play.
By contrast, Roe v Wade establishes a constitutional right to abortion. What this means is that even if Congress or a state passed a law outlawing abortion, that law would not be enforceable unless SCOTUS overturned Roe.
I don't think there is a single justice on the court who believes that the constitution provides a right not to mask. The court is hopelessly political, and on hot-button issues it's best to think about the court reasoning backward from decisions rather than forward for law, but "a constitutional right not to mask" is not how the conservative justices currently on the court would ever go about justifying striking down a mask policy.
Comparing the mask/vaccine decisions to the Roe decision doesn't make much sense.
> They ruled that the government doesn't have the right to force people to wear masks.
Both of these statements are super false.
The court ruled that one particular piece of legislation does not give the executive branch the authority to force certain employers to have and enforce a rule that their employees, while in the workplace, must be masked or vaccinated.
There is NO "individual right to not mask" involved here. It's a ruling about the authority of the executive branch given the contents of a law passed by the legislature. That's all.
In particular,
1. The businesses effected by the ruling are of course free to none-the-less mandate masking without a federal mandate. I.e., there is no right for individuals not to mask.
2. If Congress were to pass a new law explicitly giving OSHA authority to mandate masks in workplaces, the court's reasoning in Nat'l Federation of Businesses v. DoL would be wholly irrelevant to that new piece of legislation.
3. Mask mandates in non-OSHA contexts -- eg federal buildings -- are not effected by either scotus ruling.
4. Biden v Missouri, decided by the same court at the same time, left vaccine mandates in place for healthcare facilities.
Neither of the SCOTUS decisions have anything to do with masking as an individual right, and they certainly don't rule that "government doesn't have the right to force people to wear masks". All they say is that one particular law, as written, doesn't give the Executive the authority to mandate that employers mandate masks/vaccines in certain workplaces.
If the court had found a reading of the constitution that enshrined a right not to mask that somehow didn't create a penumbra within which many other individual rights (including abortion) lived, that would be... a rather incredible exercise in bullshitting. But that's not what happened.
Regardless, other comments here are accurate: at least on certain issues the supreme court is hopelessly politicized.
The justification is basically immaterial given that any judicial philosophy effectively defines its own axioms.
They have not said if states can impose such restrictions, nor if large companies can decide for themselves if they want to have such restrictions, and I am unsure under what paragraph the distinction between health care worker and worker of a large businesses is defined. It is possible that health care workers are defined as a "critical role" or something that allows for additional restrictions.
To be honest I believe part of the problem is self-inflicted. Many conservatives had already made their peace with the issue and some media personalities unnecessarily picked up the topic and some people made a fool of themselves in a way so that the opposition only needed to show around their behavior to garner more supporters against abortion. It is probably naive to believe that the argument is about ethics instead of partisanship at this point.
I am for legal abortions and against mandatory masking (most of the time, there are situations where wearing a mask is just sensible), but I don't see these topics intersecting very much. Abortions will happen if they are legal or not. To minimize suffering a legal and medical responsible way is required.
But it is still an ethical question to allow it or not and intrinsic to almost all ethical considerations is that there is no clear right or wrong so I don't see a solution if either a vast majority supports it or not or opposing political factions collaborate on the issue.
but if you asked them when the abortion was possible they wouldn't even understand the question, while people understand what wearing or not wearing a mask means, usually!
The baby is not a citizen, meaning they haven't the same rights of adult people because they also have much less responsibilities, given their status.
It's completely obvious, I don't ask my cats if they want to get vaccinated, I just do it, because they have no way to decide on the matter.
A fetus is not different.
US law protects the lives of non-citizens as well, not sure how that is relevant. And their argument would be what is the difference between a 38 week old fetus and 2 day old baby? What magical occurrence happens in the birth canal that transforms it from non-human to human? Obviously, science is on their side. So then the courts have to decide where do you draw the line? 8 weeks? 38 weeks? That isn't covered by the Constitution, so leaving it up to the states (or Congress) is the correct decision.
https://www.npr.org/sections/health-shots/2016/03/07/4694780...
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While public support for legal abortion has fluctuated some in two decades of polling, it has remained relatively stable over the past five years. Currently, 59% say abortion should be legal in all or most cases, while 39% say it should be illegal in all or most cases.
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U.S. support for legal same-sex marriage continues to trend upward, now at 70% -- a new high in Gallup's trend since 1996. This latest figure marks an increase of 10 percentage points since 2015
What we're bound to end up with are entire states of second class citizens who don't have the rights and protections of the rest of the nation. Where traveling within the country puts some of your most basic freedoms in question every time you cross a state border. Where your legal actions in one state can get you arrested or charged with a crime in another. There are very good reasons to have federal laws to keep a baseline standard of what rights and freedoms an American citizen has.
That this right has been overturned at a federal level will absolutely cause more suffering than it prevents. Even in those states where people will now be forced to live under religious law abortion will continue to take place just as it always has. The wealthy will simply fly to where it's accessible with little risk and the poor will resort to more dangerous methods just as they did before the right to seek an abortion was protected by federal law.
Sadly that's been repeatedly shown to be false. What we actually have is a system where the average person has zero influence on policy and a very small number of very wealthy people dictate what "should" and "shouldn't" be. The vast majority of Americans support the right to an abortion and yet here we have a small number of people taking that right from them.
For any reasonable definition of “right”, this simply isn’t true.
57% of Americans believe abortion “should be legal overall in all or most cases” - and only 23% believe it “should be legal in all cases”
Less than a third - 28% - of Democrats believe abortion should be legal during the third trimester.
Source: https://www.forbes.com/sites/alisondurkee/2021/06/25/majorit...
The governing and electoral structure is very much engineered to prevent “the people” from having an effective voice is codifying should and shouldn't, despite the occasional mouthing of platitudes relating to popular sovereignty and democratic rule by elites.
And if I should have the right to do what I want with my body, why aren’t all drugs legalized? Why can’t I legally kill myself? You’re probably saying “that should be legal!” But the Supreme Court has never made that leap, even though they did in the case of abortion.
You can also have a right to seek or provide medical care. Those rights are about to be taken from many of us.
Calling a service a right is fraught with moral hazards.
Good to know.
The reality is that this won't stop abortion, just safe abortions, so now we are going to have rape victims attempting to end their daily reminder of their rape, end up with a crooked back-alley doc butchering them. Many would consider that a wrong as well.
I think that's probably incorrect. People respond to incentives.
The evidence that I know of for that assertion comes from studies which are poorly done and biased. The methodology is to compare the rate of the abortion in places with different legal frameworks for it. The main problem is that it is hard to estimate the prevalence of an illegal activity.
Additionally, some of the places they put in the "not legal" category tend to be poor places in which rule of law is much less important than the US. (So you can't expect similar laws to have similar effects)
It's not our decision to make as far as I'm concerned.
Also, it is noteworthy that only a very small fraction of abortions are done because of rape. [1]
[1]: Probably about 1%: https://amp.usatoday.com/amp/1211175001
This just says it's not the purview of the federal government. It's an issue for states to decide for themselves.
No matter what state you are in, being an American citizen should guarantee you certain rights. Not being forced to give birth, and having access to healthcare should be among those rights. It's terrible that we've moved farther from that as a nation.
I sympathize with the concern about dignity of rape victims, but the second part of your assertion is incorrect: "At present, all states allow the procedure to preserve the life and health of the mother". [1] (That includes even the Texas law [2])
[1]: https://www.parents.com/pregnancy/abortion-laws-by-state-the...
[2]: "The act contains exceptions in the case of medical emergency, such as if the mother is at risk of death or severe irreversible bodily harm." (https://en.wikipedia.org/wiki/Texas_Heartbeat_Act)
It turns out when lawmakers have even bothered at all to play lip service to protecting the lives of pregnant women they still haven't done a very good job actually making sure they are protected.
Which states?
You could do that, but I recommend saving some time and just looking at the states which have closed clinics and forced out providers:
https://www.cnn.com/2019/05/29/health/six-states-with-1-abor...
How many women do you think exist in those states who needed help, but didn't live within driving distance to the one provider in the state and can't afford to take several days off work to travel to get one in another. How many were too busy dying to start booking plane tickets and hotel rooms so they can get the emergency procedure done?
I think some states have been making their position on this pretty clear.
In return I not only told him how to identify other, but gave him a list of six which have pressured providers to close to the point where currently only one remains in the entire state. States who care about how many women can't get access to a life saving abortion don't try to make it impossible for women to get the care they need.
Abortionists and antiabortionists make arguments that work in their echo chambers , without ever understanding what the other side thinks.
Yes, having a country that forces an 11-year-old to carry a pregnancy to term would be amazing for human dignity.
And, to editorialize: news orgs, your favorite political blogs, and even Twitter will have better commentary than HN.
Edit: for example, the joking sibling comment.
I don't actually know what the [flagged] tag adds to the story, though I think it's the right policy to let it play out so people can have their say while "burying" it so it doesn't dominate the front page and attract too much attention.
A lot of political stuff is not suitable for the front-page but some things just are by virtue of either changing precedent or evoking deep questions.
To hear men pontificating about how women should behave is ludicrous, and sad.
That's an egregious argument. It's like saying if you are not a Ukrainian (or Russian), you don't get to have an opinion about the conflict.
Yeah, no. The roles of men and women in reproduction are different, but that doesn't exclude either one from the conversation.
The real issue is that before being born, the would-be child is literally feeding on the mother like a parasite. No one should be forced to endure that against their will. That needs to be a voluntary act of sacrifice on the part of the mother. I don't think we'll have a real solution to any part of the abortion debate until we have artificial wombs where we can remove the burden from the unwilling mother entirely. That still won't satisfy the religious extremists who will still rage against miscarriages and birth control and 'women doing things we don't like', but it would solve the problem of fathers who want their child to live while mothers refuse to carry it.
The abortion debate should not have anything to do with whether a child will be born or not. The right to an abortion is part of the right to fully control your own body. That right should be absolute and inalienable unless waived voluntarily.
if that's not what you wanted, you should have used protection.
the problem with the abortion debate is that both sides are in extreme corners and neither side is willing to approach the other.
the problem is also, trying to find a legal definition for the consensus.
what about a woman that believes to be raped, but can't prove it? should she be allowed to abort? i believe yes.
but we can only do that if we make abortion legal and the decision an entirely moral one. you can't legislate morality. with any legislation there will be corner cases with an unjust outcome.
all we can do is create better conditions for pregnant women so that they may be more comfortable carrying a baby that they otherwise would not want.
if it was consensual then the case is the same. both parents are responsible for the child they conceived. there is no option to change their mind later.
but if the father was raped, it gets more tricky. i haven't thought this through, but effectively the burden of whatever choice is made is carried by the mother, which means, if there is doubt then the mother should be allowed to keep the child because we should choose what has the least negative consequences for everyone involved.
but if the father can prove that he was raped then the mother should loose the right to her child.
the only remaining challenge is if the father was raped but neither wants the child. based on the above, abortion should not be allowed because the mother consented to get pregnant.
the mother could of course claim that she was raped, but assuming she doesn't, then what? i don't know...