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1 aagcobb  Wed, Nov 20, 2013 11:39:17am

It depends on what you mean by “doomed.” If you mean will Roe be expressly reversed, probably not. If you mean gutted so that as a practical matter states can regulate abortion clinics out of existence even while women retain the technical right to an abortion, its not looking good.

2 missliberties  Wed, Nov 20, 2013 12:09:54pm

I can’t see Roe being overturned. For one thing the religious right raises too much money campaigning against the evils of pro-abortionist liberalism.

3 Absalom, Absalom, Obdicut  Wed, Nov 20, 2013 12:25:48pm

re: #2 missliberties

I can’t see Roe being overturned. For one thing the religious right raises too much money campaigning against the evils of pro-abortionist liberalism.

They can just campaign on the importance of keeping it illegal.

4 HappyWarrior  Wed, Nov 20, 2013 12:31:26pm

re: #3 Absalom, Absalom, Obdicut

They can just campaign on the importance of keeping it illegal.

Precisely.

5 BusyMonster  Wed, Nov 20, 2013 12:32:40pm

If Roe is truly overturned or simply muzzled and squashed, the GOP will have won a major victory: for Democrats.

These fucking morons don’t seem to remember why they were slapped in the face in 2012: the woman-hating was a big, big part of it. Gratuitous, pointless woman-hating.

6 aagcobb  Wed, Nov 20, 2013 12:43:35pm

re: #5 BusyMonster

If Roe is truly overturned or simply muzzled and squashed, the GOP will have won a major victory: for Democrats.

These fucking morons don’t seem to remember why they were slapped in the face in 2012: the woman-hating was a big, big part of it. Gratuitous, pointless woman-hating.

Ludicrous, it was because they weren’t conservative enough.///

7 jvic  Wed, Nov 20, 2013 12:53:45pm

Why is Roe doomed? The SCOTUS decision was one vote from going the other way, and that’s a vote that Obama may yet get to flip.

Moreover, given demographic trends and the GOP’s insistence on alienating minorities, I give the White House better-than-average prospects of staying Democratic in 2016.

8 goddamnedfrank  Wed, Nov 20, 2013 1:14:45pm

You do realize that the full merits of the case haven’t even been heard yet, don’t you? Yes, Kennedy refused to issue a preliminary injunction, and only a fool would have expected him to. That’s not how he rolls, ever. Kennedy want’s to be remembered as “the decider” and that requires a carefully constructed facade of measured, careful consideration. There’s no way he doesn’t milk the process for as long as possible, which means the full 5th circuit Court of Appeals has to hear the case on the merits, and then inevitable appeal to the Supremes, oral arguments, and a decision that he hopes to write.

Don’t be such chicken littles. Yesterday’s decision doesn’t indicate anything either way.

9 EmmaAnne  Wed, Nov 20, 2013 5:09:18pm

re: #8 goddamnedfrank

You do realize that the full merits of the case haven’t even been heard yet, don’t you? Yes, Kennedy refused to issue a preliminary injunction, and only a fool would have expected him to. That’s not how he rolls, ever. Kennedy want’s to be remembered as “the decider” and that requires a carefully constructed facade of measured, careful consideration. There’s no way he doesn’t milk the process for as long as possible, which means the full 5th circuit Court of Appeals has to hear the case on the merits, and then inevitable appeal to the Supremes, oral arguments, and a decision that he hopes to write.

Don’t be such chicken littles. Yesterday’s decision doesn’t indicate anything either way.

Actually, if TRAP laws are allowed to stand until they reach the Supreme court, states can close down clinics at will. The article says that Texas has closed 12 of their 36 with just this effort. In theory, the court could eventually overrule the TRAP law, but (a) the clinics are already gone; and (b) there will already already another TRAP law queued up. So this could very well be a de facto overturning of Roe v. Wade, even if the case isn’t explicitly overturned.

10 Dark_Falcon  Wed, Nov 20, 2013 6:18:25pm

re: #9 EmmaAnne

Actually, if TRAP laws are allowed to stand until they reach the Supreme court, states can close down clinics at will. The article says that Texas has closed 12 of their 36 with just this effort. In theory, the court could eventually overrule the TRAP law, but (a) the clinics are already gone; and (b) there will already already another TRAP law queued up. So this could very well be a de facto overturning of Roe v. Wade, even if the case isn’t explicitly overturned.

That point won’t move the Supreme Court because that’s just not how they roll. And to be honest, they usually have to, because their decisions set national precedents. And while this case is about abortion clinics, it could serve to set precedents for the regulation of other types of clinics as well. Thus SCOTUS will proceed with its customary deliberation.


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