(05-19-2019 10:04 AM)georgewebb Wrote:  

(05-18-2019 12:14 PM)Rice93 Wrote:  

(05-18-2019 12:01 PM)Owl 69/70/75 Wrote:  And on this issue, I am on neither the right nor the left. I am pro-choice with specific limitations which I have enunciated repeatedly here. I suppose my position makes me a "conservative" in the sense that my position was pretty much the American position before the religious right nutcases began taking over some legislatures in the 1920s or so and later. I oppose both the Alabama law and the New York law.

I imagine that you and I are pretty aligned on this issue (as well as I can be aligned because I haven't completely worked out my feelings on every facet of abortion).

Many legal and political watchers (including, at the time, Ruth Bader Ginsburg) have pointed out that such a thoughtful middle ground is exactly where we would have arrived legislatively if Roe v. Wade had not tried to short-circuit the political give-and-take by fiating a result.* Roe is very much the Dred Scott of our time.

*That was also my position in my 14th Amendment class in law school, the only course in which I got an A+. That and $10 might buy me lunch.

Have to agree with you on this. I have been having a nice discussion with Hambone on another thread on the 'rights' basis for each side.

With that discussion, it is interesting to see where the 'natural rights' school and the 'living Constitution' school actually have significant overlap. Both having a lot of tension with the 'textualist' basis.

And, even if Roe were overturned (my call is that it will not be, because even though the Court is more 'right' than the RvW or the Casey court, that 'right' faction is also very aware and very observant of stare decisis), my best guess is that the vast majority of states would enact or change their current laws to reflect pretty much the framework of Casey or Roe, if not adopting an even more liberal stance on abortion issues. At that point the issue would be precisely where it always has belonged --- as a purely political question with each State's legislature and Governor.