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It has been 45 years since the Roe V Wade decision became the law. Even though this ruling really has no basis in law and lacks specific support in the Constitution...

May it please the Court:

Justice Azul, please prove your assertion that Roe v. Wade has "no basis in law and lacks specific support in the Constitution."

Kindly direct some of your responses to the Court's specific opinion that bases the decision on the 9th and 14th Amendments, and how the Constitutional right to liberty and privacy that form the basis of the opinion, are inapplicable in your opinion. Why did it get a 7-2 vote, including Republican Chief Justice Burger (appointed by Nixon)?

Thank you your honor.
 
I I do not remember Democrats having a group view of ignoring the Constitution in favor of creating law by precedent even though it has been done a few time. Not really always a left right thing historically. But it is now. It seems to have begun in the last 25 years while I was not watching, as I missed it..

You don't know what you are talking about. Literally.

Precedent is the basis of American law and that is based on English Common Law. The use of precedent is practically a thousand years old. EVERY CASE IS BASED ON PRECEDENT. The Supreme Court uses precedent to make every decision. EVERY. SINGLE. ONE.

Laws are not just made by legislators passing laws. There are three branches of government, not two. When a higher court makes a ruling, that ruling then applies to lower courts. That's called a precedent. That's a law. No legislature needed. And that's true whether you like it or not. And it's not just the Supreme Court that creates precedent. Federal courts do, State appellate courts do. Any appellate court does, and they decide based on previous precedent.

Anyone who has told you that precedent is a newfangled theory or illegal is feeding you the worst sort of lie.
 
Laws are not just made by legislators passing laws.

This is the fundamental distinction right here. In the US, Legislators are answerable to the people and therefore the creators of law. Federal Judges and especially Justices are not answerable directly to the people.

The Constitution specifically gives congress the law making power and the court the role of interpreting the law. While precedents is rightfully followed by the courts, rather than retry cases repeatedly, it is not to be the origin of law. That is the job of the legislative body, which is accountable to the people.

A lower court following precedents of upper or prior courts is efficient. The SC must follow the Constitution from which it gains it's authority and is given no authority to creating law.
There are two method of adding to or modifying the Constitution. The Amendment process. Constitutional Convention. I see no intent of the framers of the Constitution for third method of
changing the Constitution, by precedent. Bogus precedent can always be corrected.
 
Judges need to be able to interpret the law according to the law, and not popular opinion. Legislatures back in the day passed Jim Crow laws, and they were popular, but the court determined they were illegal, unconstitutional. That's why Supreme Court justices are appointed for life - so they don't have to worry about re-election when adjudicating a case.

And unfortunately for you, your "two ways" are not the only ways to make law. Let's say the one court decides an issue one way and another decides it another way, based on different interpretations of a statute. The Supreme Court will take it on appeal and decide who is right, and what the rule is. That is how law is made. It would be impossible for a legislature to decide every case in the land, absurd really.
 
I’m curious why there isn’t an independent body deciding who’s the next justice? Seems odd we get “conservative” and “liberal” judges in the first place.
 
I’m curious why there isn’t an independent body deciding who’s the next justice? Seems odd we get “conservative” and “liberal” judges in the first place.
Independent bodyman right here.

You're getting hot young female law school dropouts though......
 
Kindly direct some of your responses to the Court's specific opinion that bases the decision on the 9th and 14th Amendments,

Exactly! What a load of crap! The court could not even agree with whether the 9th or 14th apply. The ninth is rather meaningless but hopeful. The 14th says nothing about privacy or abortion
or anything to do with... It simply is a poorly conceived amendment at the close of the civil war. It speaks nothing about privacy or a woman's rights. It does speak to due process which sure might be a point in the right to life of a child. But I will not make that argument even though it is closer to the point in the 14th.

Read this Convoluted stuff;
"The Court declined to adopt the district court's Ninth Amendment rationale, and instead asserted that the "right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the district court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy."[38] Douglas, in his concurring opinion in the companion case, Doe, stated more emphatically, "The Ninth Amendment obviously does not create federally enforceable rights."

Nothing in this decision belongs in the Constitution. However, it is apparent, women, indeed our society does need concerns addressed, and rights protected, as does our society, but this decision points to nothing meaningful in law to settle the issue. It is time for the best we have to come with a solution or at least get the process to a solution back on track for resolution.

The 9th is an empty bucket waiting for a need. Perhaps the with careful logic worked out with reasoned mix of sound thought and sensitive feeling can be used to lead reasonable men and women settle on an acceptable law. Possible even giving meaning to the empty 9th.
 
Exactly! What a load of crap! The court could not even agree with whether the 9th or 14th apply. The ninth is rather meaningless but hopeful. The 14th says nothing about privacy or abortion
or anything to do with... It simply is a poorly conceived amendment at the close of the civil war. It speaks nothing about privacy or a woman's rights. It does speak to due process which sure might be a point in the right to life of a child. But I will not make that argument even though it is closer to the point in the 14th.

Read this Convoluted stuff;
"The Court declined to adopt the district court's Ninth Amendment rationale, and instead asserted that the "right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the district court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy."[38] Douglas, in his concurring opinion in the companion case, Doe, stated more emphatically, "The Ninth Amendment obviously does not create federally enforceable rights."

Nothing in this decision belongs in the Constitution. However, it is apparent, women, indeed our society does need concerns addressed, and rights protected, as does our society, but this decision points to nothing meaningful in law to settle the issue. It is time for the best we have to come with a solution or at least get the process to a solution back on track for resolution.

The 9th is an empty bucket waiting for a need. Perhaps the with careful logic worked out with reasoned mix of sound thought and sensitive feeling can be used to lead reasonable men and women settle on an acceptable law. Possible even giving meaning to the empty 9th.

I expect if you draft something up congress will pass it and the states will ratify it post haste.

We are just waiting for you to get the process started.

barfo
 
I expect if you draft something up congress will pass it and the states will ratify it post haste.

We are just waiting for you to get the process started.

barfo
I appreciate your confidence.
But at this stage, I think I will just take the MarAzul out on another cruise.

Especially since I spent the afternoon in the Hospital as a result of excessive work using a 10 lbs splitting hammer.
I feel like a dumb shit. But it is a correctable error.
 
I appreciate your confidence.
But at this stage, I think I will just take the MarAzul out on another cruise.

Especially since I spent the afternoon in the Hospital as a result of excessive work using a 10 lbs splitting hammer.
I feel like a dumb shit. But it is a correctable error.

Bet you could find some teenager willing to wield that hammer for a relatively low wage and you could provide the know-how rather than the muscle power.

barfo
 
This issue, Abortion, Roe v Wade and what the law should be for a State or the Nation never seems to be reduced to the issues that should be codified as the law of the land.

The issue should not be settled in favor of anyone's view of morality, viability of the life, or indeed whether the unborn is life.
Morality and religious views are best codified in the appropriate place for those followers. Where those answers will be many and each will differing with what is logically practical law.

It is not possible to construct a law that would satisfy all religions and those that desire to follow none.
At the same time, it is not logical to construct a law that forces a woman to care for a child she does not want or lacks the ability to care for the child. At the same time, it is not logical
to ostracize any woman in this circumstance in the law. Probably not proper in any religion either as it is men judging that which belongs to god.

It seems to me that abortion in some form should be the law in all states. Not one law for all states. Mumbo jumbo about much, mostly the speculation on what the 9th and 14th amendment might mean, misses the mark widely in giving reason to the law. Perhaps logical reasoning should be a basis for an amendment, while restrictions are done in the States.
 
find some teenager willing to wield that hammer for a relatively low wage and you could provide the know-how rather than the muscle power.

You might be on to something! Reassessment time might be overdue. But to be truthful, that was yesterdays thought. Tonight it is different, no more of that shit.
 
This issue, Abortion, Roe v Wade and what the law should be for a State or the Nation never seems to be reduced to the issues that should be codified as the law of the land.

The issue should not be settled in favor of anyone's view of morality, viability of the life, or indeed whether the unborn is life.
Morality and religious views are best codified in the appropriate place for those followers. Where those answers will be many and each will differing with what is logically practical law.

It is not possible to construct a law that would satisfy all religions and those that desire to follow none.
At the same time, it is not logical to construct a law that forces a woman to care for a child she does not want or lacks the ability to care for the child. At the same time, it is not logical
to ostracize any woman in this circumstance in the law. Probably not proper in any religion either as it is men judging that which belongs to god.

It seems to me that abortion in some form should be the law in all states. Not one law for all states. Mumbo jumbo about much, mostly the speculation on what the 9th and 14th amendment might mean, misses the mark widely in giving reason to the law. Perhaps logical reasoning should be a basis for an amendment, while restrictions are done in the States.
Right? Abortion should be mandatory in California and New York...
 
May it please the Court:

Justice Azul, please prove your assertion that Roe v. Wade has "no basis in law and lacks specific support in the Constitution."

Kindly direct some of your responses to the Court's specific opinion that bases the decision on the 9th and 14th Amendments, and how the Constitutional right to liberty and privacy that form the basis of the opinion, are inapplicable in your opinion. Why did it get a 7-2 vote, including Republican Chief Justice Burger (appointed by Nixon)?

Thank you your honor.

This issue, Abortion, Roe v Wade and what the law should be for a State or the Nation never seems to be reduced to the issues that should be codified as the law of the land.

The issue should not be settled in favor of anyone's view of morality, viability of the life, or indeed whether the unborn is life.
Morality and religious views are best codified in the appropriate place for those followers. Where those answers will be many and each will differing with what is logically practical law.

It is not possible to construct a law that would satisfy all religions and those that desire to follow none.
At the same time, it is not logical to construct a law that forces a woman to care for a child she does not want or lacks the ability to care for the child. At the same time, it is not logical
to ostracize any woman in this circumstance in the law. Probably not proper in any religion either as it is men judging that which belongs to god.

It seems to me that abortion in some form should be the law in all states. Not one law for all states. Mumbo jumbo about much, mostly the speculation on what the 9th and 14th amendment might mean, misses the mark widely in giving reason to the law. Perhaps logical reasoning should be a basis for an amendment, while restrictions are done in the States.

:smiley-beerchug:
 
Hmm...

I'm not liking the sudden silence across the internet and all mass media pertaining to the next SCOTUS pick.

Most Second amendment supporters felt betrayed by Trump's pick of Gorsuch, a decidedly wishy-washy question mark when it comes to defending our only important freedom.

Last time, Thomas Hardiman was the preferred man for the job and he is said to be a top contender this time also.

But nobody is talking about him.

Nobody in the media is even mentioning The Second Amendment, and most sites supporting it seem to be being blocked from fakebook and twitter.

The swamp is so deep and wide, will it ever be drained?
 
Hmm...

I'm not liking the sudden silence across the internet and all mass media pertaining to the next SCOTUS pick.

Most Second amendment supporters felt betrayed by Trump's pick of Gorsuch, a decidedly wishy-washy question mark when it comes to defending our only important freedom.

Last time, Thomas Hardiman was the preferred man for the job and he is said to be a top contender this time also.

But nobody is talking about him.

Nobody in the media is even mentioning The Second Amendment, and most sites supporting it seem to be being blocked from fakebook and twitter.

The swamp is so deep and wide, will it ever be drained?

Not with Trump continually turning the hose on and filling it up.
 
Hmm...

I'm not liking the sudden silence across the internet and all mass media pertaining to the next SCOTUS pick.

Most Second amendment supporters felt betrayed by Trump's pick of Gorsuch, a decidedly wishy-washy question mark when it comes to defending our only important freedom.

Last time, Thomas Hardiman was the preferred man for the job and he is said to be a top contender this time also.

But nobody is talking about him.

Nobody in the media is even mentioning The Second Amendment, and most sites supporting it seem to be being blocked from fakebook and twitter.

The swamp is so deep and wide, will it ever be drained?

It's all true Maris! Trump's SCOTUS nominees are all secret leftists who are carrying water for George Soros!

Oppose them all! Before it's too late!

barfo
 
It's all true Maris! Trump's SCOTUS nominees are all secret leftists who are carrying water for George Soros!

Oppose them all! Before it's too late!

barfo

A couple are basically lefties but heavily religious, so that's 2 ways they're anti-Constitutional.

Hardiman is my pick out of the bunch, Kethledge second.
 
A couple are basically lefties but heavily religious, so that's 2 ways they're anti-Constitutional.

Hardiman is my pick out of the bunch, Kethledge second.

So all leftists and heavily religious people are anti constitutional? Where is your article to support this garbage?
 
Hmm...

I'm not liking the sudden silence across the internet and all mass media pertaining to the next SCOTUS pick.

Most Second amendment supporters felt betrayed by Trump's pick of Gorsuch, a decidedly wishy-washy question mark when it comes to defending our only important freedom.

Last time, Thomas Hardiman was the preferred man for the job and he is said to be a top contender this time also.

But nobody is talking about him.

Nobody in the media is even mentioning The Second Amendment, and most sites supporting it seem to be being blocked from fakebook and twitter.

The swamp is so deep and wide, will it ever be drained?
So, owning a gun is our “only important freedom”???? Even more important than the pursuit of life, liberty and happiness (happiness to @MARIS61 really must be a warm gun)?? More important than free speech or religious freedom??? Oh wait.....now I get it. Who needs all those other freedoms in writing when you can enforce whatever you desire and whenever you desire it at the point of a gun. Got it. God bless ’Murrica.............
 
So all leftists and heavily religious people are anti constitutional? Where is your article to support this garbage?

Using the label "lefties" to describe Democratic Party members and every SCOTUS judge they've installed in my lifetime, they categorically suppress our Constitutional Rights across the board. They have attacked them all and even denied they exist as written. They view themselves as "above" other Americans, and are ignorant enough to believe they are wiser than the Founding Fathers. They think it's a good thing to be an "activist" judge, to ignore laws and change laws to suit their personal whims. They are the very evil that our country was created to get away from.

Highly religious people proudly put their fictional super-hero above all else, including their own family members and the countrymen they are sworn to serve. They think it's okay to break any law that is in conflict with their super-hero's laws.

None of these people are Real Americans, they are enemies of the state, and roughly 99% have never even read the Constitution and Bill or Rights in it's brief entirety.
 
So, owning a gun is our “only important freedom”???? Even more important than the pursuit of life, liberty and happiness (happiness to @MARIS61 really must be a warm gun)?? More important than free speech or religious freedom??? Oh wait.....now I get it. Who needs all those other freedoms in writing when you can enforce whatever you desire and whenever you desire it at the point of a gun. Got it. God bless ’Murrica.............

So sad that there are actual adults walking around with such a dearth of curiosity that they don't even know the most basic concepts and history of our country. Deliberately kept in the dark by our Public Propaganda System, and just TOO FUCKING LAZY to check out a few books from the library, content to remain oblivious to how and why they aren't living in some shithole country where they might be jailed or killed simply for speaking their mind.

The Second Amendment is in reality our ONLY right, because without it no other rights exist.

You have only the freedoms and rights you are able to defend, and without arms you can't defend shit.

If you don't understand that, you're not mentally equipped to debate anything relating to freedom or rights.

Have a nice, naive day. :cheers:
 
So sad that there are actual adults walking around with such a dearth of curiosity that they don't even know the most basic concepts and history of our country. Deliberately kept in the dark by our Public Propaganda System, and just TOO FUCKING LAZY to check out a few books from the library, content to remain oblivious to how and why they aren't living in some shithole country where they might be jailed or killed simply for speaking their mind.

The Second Amendment is in reality our ONLY right, because without it no other rights exist.

You have only the freedoms and rights you are able to defend, and without arms you can't defend shit.

If you don't understand that, you're not mentally equipped to debate anything relating to freedom or rights.

Have a nice, naive day. :cheers:
Don’t you ever get tired of living with a bunker mentality??? You must be thoroughly exhausted.......
 
You're the one hiding in the dark.

I am basking in the sunniest land on Earth. :cool:
So every time you venture out into Beautiful Central Oregon, you go armed? And when was the very last time you had to enforce your rights at the point of a gun? And you accuse me of hiding in the dark.....? Carry on.
 
So every time you venture out into Beautiful Central Oregon, you go armed? And when was the very last time you had to enforce your rights at the point of a gun? And you accuse me of hiding in the dark.....? Carry on.

Wherever I travel, I am always armed with knowledge, if that's what you refer to. :dunno:
 
So every time you venture out into Beautiful Central Oregon, you go armed? And when was the very last time you had to enforce your rights at the point of a gun? And you accuse me of hiding in the dark.....? Carry on.
Spend 20 minutes watching American Road Rage on youtube and just imagine how many more instances there would be if people didn't expect that their foe in the other car might be carrying.
 

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