States Step Up Abortion Fight (bans to force more conservative SC on Roe)

[DeepModem Mom]

LAT: States Step Up Fight on Abortion
Anticipating a more conservative Supreme Court, lawmakers are proposing bans in hope of forcing the justices to revisit Roe vs. Wade.

By P.J. Huffstutter and Stephanie Simon, Times Staff Writers


INDIANAPOLIS — Taking direct aim at Roe vs. Wade, lawmakers from several states are proposing broad restrictions on abortion, with the goal of forcing the U.S. Supreme Court — once it has a second new justice — to revisit the landmark ruling issued 33 years ago today.

The bill under consideration in Indiana would ban all abortions, except when continuing the pregnancy would threaten the woman's life or put her physical health in danger of "substantial permanent impairment." Similar legislation is pending in Ohio, Georgia and Tennessee.

The bills are in direct conflict with the Supreme Court's 1973 rulings establishing abortion as a constitutional right. Roe vs. Wade and its companion case, Doe vs. Bolton, asserted that doctors could consider "all factors … relevant to the well-being of the patient," including emotional and psychological health.

In the years since, states have adopted a variety of laws designed to restrict access to abortion or force women to think through alternatives. Those efforts are expected to continue this year, with states considering proposals to impose new licensing standards on abortion clinics, or to require women seeking abortions to first view ultrasound images of their fetuses and discuss with a counselor the pain a fetus might feel during the procedure.

About 50 such bills were passed in 2005 — twice as many as in 2004, according to the abortion rights group NARAL Pro-Choice America....


http://www.latimes.com/news/nationworld/nation/la-na-abortion22jan22,0,4909775.story?coll=la-home-headlines

[napi21]

1. I heard this on KGO radio very early this AM.

That's their plan. Get the State laws to violate the Fed Roe decision, get a majority of RW judges on the SC, then force some suits to the SCOTUS for a final decision of overturning Roe.

The Pubs are very good at this kind of planning. That's how they finally got into power at all levels in our Country. It took them almost 30 years to do it, and most people didn't even realize what was happening. They're using the same tactic to get their way on the Rove decision. Even NOW, lots of opponents don't realize what's really going on. Look at the Dems, even here on DU, who say "Oh, they'll never overturn Roe, they need it as an issue!"

I'm not even sure how we can fight this and win!

[mom cat]

2. This is why we have to fight Alito. Check this out:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=364x203958

IndyOp has put together a great resource list.

[DeepModem Mom]

3. Thanks, mom cat! nt

[mom cat]

4. Thanks to you too! We CAN win this one. KEEP FIGHTING!

[Orangepeel]

5. Oh, but they'll *never* overturn Roe

they won't give up the money machine

:sarcasm:

[HockeyMom]

6. Yes. Setting the stage

so these state bans will go before the court to trash Roe. This will, as before, put it in the states ballpark. However, they know this is only the first step. Many states, notably California and New York, will not ban abortions and women, who can afford it, will travel to pro choice states, just as they did pre Roe. The only way they can completely ban abortions in all 50 states will be, minus a Constitutional Amendment, with Federal laws, just like they tried to do with the so call "partial birth" (total misnomer) ban. So, if Alito, and others like him, cannot be kept off the bench, it will become IMPERATIVE to elect a majority of Pro Choice Senators.

[colinmom71]

7. It will create an interesting run of court battles in Georgia...

Should these attempts to proscribe abortion become legislated. Georgia is one of those states that has an explicit right to privacy written into the state constitution. Enacted in 1904, it was in fact the first such constitutional amendment in the US at the state level.

A few years ago, some genius remembered this amendment and sued to strike down the state's sodomy laws at the state level (after the infamous failed US Supreme Court case Bowers v. Hardwick). This same amendment can be used, at least in Georgia, to strike down any abortion laws that circumvent doctor-patient privacy/confidentiality. But of course, it will take a few years and lots of money for a legal fund to do so...

[Charlie Brown]

12. GA can easily amend its constitution

Every two years, there's at least one new amendment that's up for a vote. All it takes is a two-thirds vote in the General Assembly and a majority approval at the polls. If the Republicans have the incentive to challenge Roe, I'm sure they will waste no time pushing an amendment.

[bluestateguy]

8. Keep one thing in mind here

If a state criminalizes abortion, it would still take a jury of 12 people to convict a woman and/or her doctor of the "crime". It would only take one juror to refuse to convict somebody for having an aboriton, regardless of the facts of the case.

Jury nullification is a good thing.

[no_hypocrisy]

9. The "right" case with the "right" Supreme Court could overturn "Webster"

and "Roe". "Webster's" standard of "reasonable restrictions" would be out the door as the Court would decide there can be no "reasonable" restrictions to protect THE FETUS, not the incubating woman. "Roe" of course would be decimated as the Court would not make the right to abortion a crimal act, but would rather allow states to make it so (or Congress in the name of economy).

[salin]

10. will these efforts create a Schaivo like tipping point?

Where the reality of how far these folks would like to go, wake up and frighten a bit the middle of the road public?

[Charlie Brown]

11. Not even for rape victims?

NAZIs.

[bluestateguy]

13. Oh, there will be an "exception" for rape

Which will result in a flood of bogus, phony rape reports to police, so that women can get legal abortions. That will have the effect of undermining the credibility of women who really are raped.