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Author Topic: Texas Abortion Law  (Read 172 times)

Jason

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Texas Abortion Law
« on: October 07, 2021, 02:09:51 pm »
Texas's abortion law was blocked by a federal court. It had practically banned all abortions, including those due to rape, incest, and those that threatened the health or life of the mother (unless the mother was actively dying, and even then it is hard to determine when they are actively dying enough to do the abortion).

The judicial block will be appealed. The block should be upheld, because this law was legally flawed, using a legal theory that could lead to abuse in many aspects of daily life, and the law was written without medical understanding.

I hope that elective abortions become extinct, but through persuasion, through proper planning, and exercise of agency.
 
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Sparky

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Re: Texas Abortion Law
« Reply #1 on: October 07, 2021, 06:06:09 pm »
I sure do appreciate your medical knowledge on these topics. Thanks!
 
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Curelom

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Re: Texas Abortion Law
« Reply #2 on: October 08, 2021, 03:49:37 am »

I hope that elective abortions become extinct, but through persuasion, through proper planning, and exercise of agency.
I think this is what all of us hope would happen.

It shouldn't happen through legislation that is totally politically driven, takes no account of the time frame in which many mothers have no idea they are pregnant, & gives no consideration to extreme situations like rape, or some poor child victimized by her uncle. It shouldn't happen in ways that might drive desperate people to desperate & dangerous measures.

It shouldn't involve what is basically a bounty system, where anyone at all, even outside Texas, can sue an abortion provider or anyone who helps in the process (like a friend or even a cab or Uber driver who takes a patient to an appointment) & get paid, thereby encouraging people to turn against each other for monetary gain.

It shouldn’t happen through outlawing the sending of abortion-inducing drugs into a state – not because of the effect of the law itself but because mail is interstate commerce & the Postal Service is a federal function, & states have no jurisdiction over either.

There isn't any question that the law has nothing to do with protecting either unborn children or expectant mothers. This is not a pro-life law (how can a state that was killing people right & left by its refusal to take prudent COVID measures claim to be pro-life?) It was created to fit an agenda & cater to a specific political base.
 
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pnr

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Re: Texas Abortion Law
« Reply #3 on: October 08, 2021, 08:25:23 am »
Because of Roe v. Wade (which says that right of privacy --- not something that is actually in in the constitution) protects abortion choice before the age of viability), the Texas law is facially unconstitutional.   It would have been struck down immediately, except that TX legislature assigned enforcement to any private actor who wanted to enforce it rather than the state of TX.   Those who are blaming the Supreme Court for not stopping it, misjudge the rule of law --- the Supreme Court cannot consider what has not lawfully reached it.    And TX intentionally set up the enforcement scheme that didn't involve state action so that it wouldn't be thrown out immediately.   

I am one who thinks that when the case ultimately gets to the Supreme Court, Roe v. Wade may stand.  If it does not, it won't be because the Supremes support eliminating abortion or curtailing its availability, it will be because there is no right of privacy written in the US Constitution, the notion was created out of whole cloth (though I do think that founders might well have included a right to privacy if they'd thought about it ---the constitution does acknowledge privacy of not having to host soldiers and a takings clause.    (If I were an pro-choice advocate what I would be doing is seeing if I could get a Constitutional Amendment that grants the right of privacy to allow abortions until fetal viability, and for any pregnancy due to rape or life of mother issue passed  in all states.) 

But those who oppose abortion CHOICE even in rape incest and life of the mother circumstances are using abortion as a weapon, and arguably to keep women in line, which is as disturbing as the notion of abortion as a form of birth control is.
« Last Edit: October 08, 2021, 11:08:14 am by pnr »
Nauvoo 1270, Feb 2005
 
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Roper

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Re: Texas Abortion Law
« Reply #4 on: October 08, 2021, 09:25:05 am »
It was a planned stunt to get the issue considered by the Supreme Court.
Education is not preparation for life; education is life itself. - John Dewey
 

Jason

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Re: Texas Abortion Law
« Reply #5 on: October 08, 2021, 11:46:55 am »
I wonder if the Republicans who passed this law did so expecting it would be immediately struck down. This would have given them political issues to run on, but they wouldn't have to worry about the law actually affecting people. Similarly to how Republicans did not actually have a replacement for repealing Obamacare. They at least realized this once they took power and did not wholesale repeal it. Instead they made a few symbolic gestures on aspects that were unpopular, anyway. Democrats do not have a  replacement for defunding the police...Minneapolis is doing this. Politicking is easy. Actually running things is hard.
« Last Edit: October 08, 2021, 01:04:31 pm by Jason »
 
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pnr

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Re: Texas Abortion Law
« Reply #6 on: October 10, 2021, 02:04:03 pm »
I doubt it Jason.   It was written to avoid having it immediately struck down, in its authorization for only private citizens to enforce it.
Nauvoo 1270, Feb 2005
 

 


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