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View Diary: New Hampshire to LGBTs: Happy New Year! Now Die. (222 comments)

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  •  Not immovable (3+ / 0-)
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    BYw, jpmassar, freedapeople

    and over the years there has been a steady accumulation of more and more encroachments on the "fundamental right" recognized in Roe v. Wade. To call it a "fundamental right" nowadays is kind of a sick joke in many places.

    The fact is, Roe v. Wade created powerful enemies...there were reactionaries who fought the civil rights decisions, but their numbers were greatly strengthened by the anti-abortion movement, which is the base of the present-day Republican party.

    "All governments lie, but disaster lies in wait for countries whose officials smoke the same hashish they give out." --I.F. Stone

    by Alice in Florida on Sat Jan 01, 2011 at 12:40:12 PM PST

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    •  It's kinda a semantic argument (2+ / 0-)
      Recommended by:
      musing85, jpmassar

      pragmatically clearly the right has been infringed upon. Significantly.

      But ideally, we still live in an environment where any infringement can be brought as a test before the SCOTUS as violating Roe v. Wade (which at least ostensibly is still the law of the land).

      "You can't hardly separate homosexuals from subversives."--Senator Kenneth Wherry, 1950.

      by Scott Wooledge on Sat Jan 01, 2011 at 12:57:52 PM PST

      [ Parent ]

    •  The real point of contention is nothing is ever (5+ / 0-)

      really settled finally. Nothing really CAN be. Laws can be made and repealed, even Constitutional amendments can come and go. SCOTUS decisions too can be reversed. Usually things stand because the will to reverse unpopular decisions dissipates before it critical mass to do so can be achieved.

      "You can't hardly separate homosexuals from subversives."--Senator Kenneth Wherry, 1950.

      by Scott Wooledge on Sat Jan 01, 2011 at 01:03:46 PM PST

      [ Parent ]

      •  True, usually SCt decisions stand (1+ / 0-)
        Recommended by:
        jpmassar

        both because of stare decisis (respect for precedent) and, as you say, the will to reverse an unpopular decision fades...but Roe v. Wade is the exception. Opposition to Roe v. Wade has grown over time and provided the foundation for a political movement which has endured to the point of changing the fundamental ideological composition of the Supreme Court. It will be a very long time before liberals have the chance to influence the Court's direction...Obama has only been able to replace liberal justices, he is very unlikely to have the chance to replace a conservative even if he is reelected.

        Ultimately the Supreme Court reflects the ideological direction of the country..a generation earlier. People assume that the federal judiciary is liberal by nature, but that's because we had a long run of Democratic (and one moderate Republican) presidents along with reliably Democratic Congresses from the 1930s through the 1960s. We now have a very different Supreme Court, as well as a federal bench with a lot of Republican appointees, including some who are quite far to the right.

        This is one area where I agree very much with Obama...liberals have become too dependent on courts. Ultimately, if liberals cannot elect executive and legislative officeholders, we will not have liberal judges either.

        "All governments lie, but disaster lies in wait for countries whose officials smoke the same hashish they give out." --I.F. Stone

        by Alice in Florida on Sat Jan 01, 2011 at 05:50:14 PM PST

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