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Home » Discuss » Archives » General Discussion (01/01/06 through 01/22/2007) Donate to DU
 
wiley Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-29-06 07:10 PM
Original message
Why no one can give up.
Access to abortion could be curtailed in US with new Supreme Court justice
http://tinyurl.com/9hcot

Access to abortion could be seriously curtailed in the United States with the confirmation of Samuel Alito to the Supreme Court, activists warn.
Alito recently supported a law which required women to notify their husbands that they intended to receive an abortion, and in an application to work for the Attorney General in 1985 wrote "the Constitution does not protect a right to an abortion."
<snip>Alito's confirmation is expected on Tuesday and comes at a time when an increasing number of lower court judges and lawmakers are "The most heartless one came a few years ago when they said Medicaid funds couldn't be used for abortion, so poor women got cut off," said Kim Gandy, president of the National Organization for Women.
<snip>Women with physical and mental disabilities were also cut off from state aid when a law was passed prohibiting the use of Medicare funds for abortions. There are 18 states that currently prohibit state employees and organizations receiving state funds from counseling or referring women for abortion services, according to NARAL Pro-Choice America.

A federal law allows health care companies to forbid their doctors from providing abortions or even referring their patients to doctors who do.
Parental consent or notification is required in 44 states when a teenager wants to terminate a pregnancy, although consent can also be obtained from a judge if the girl doesn't want to tell her parents.
There are 31 states that require mandatory delays and counseling which is biased and often includes medically inaccurate information such as the disproven claim that abortion causes breast cancer, NARAL said. Abortion providers have been targeted with tough regulatory and licensing restrictions that radically increase their costs and are making it "increasingly difficult for private providers in particular to continue," said Betty Cockrum, president of the Indiana branch of Planned Parenthood.

<snip>Should the landmark Roe v. Wade decision of 1973 be overturned, there are 15 states that have laws on the books that would become enforceable to make abortion a crime even in the first weeks of pregnancy. There is also a federal ban on abortions performed as early as 12 weeks which could become enforceable should Alito's confirmation shift the balance of the Supreme Court.

"There is a possibility that the Supreme Court could declare that abortion is not only not protected, but is unconstitutional," said NOW's Gandy.
"If they can establish that the fetuses are persons, then abortion would be murder everywhere. All 50 states. Period. And that's where their strategy is going." <snip>Alito has also written that many forms of birth control -- including the pill, and intrauterine devices -- can be considered "abortifacient" because they prevent a fertilized egg from implanting, Gandy said. Should the courts decide that life begins at conception, women's choices could become even slimmer.
<more>
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wiley Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-29-06 07:20 PM
Response to Original message
1. Just a small fraction of what will happen
Will King* George have transgressors annulled?
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Virginia Dare Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-29-06 07:32 PM
Response to Reply #1
2. Absolutely....this is not about abortion
The bigger picture is much more frightening.
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wiley Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-30-06 01:03 AM
Response to Reply #2
4. Welcome to DU - our country depends on you!
Call, Fax, e-mail against Alito!
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USA_1 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-29-06 07:50 PM
Response to Original message
3. quote ...
"There is a possibility that the Supreme Court could declare that abortion is not only not protected, but is unconstitutional,"

That is unlikely as it would be totally against legal precedent. Please remember that abortion was LEGAL in about 12 states prior to Roe and these laws have not been adjudicated. The USSC would have to hold a hearing on them in order to overturn those laws. That is something that is not likely to happen any time soon.
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TheVirginian Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-30-06 01:06 AM
Response to Reply #3
5. Exactly.
Overturning Roe doesn't outlaw abortion, it just removes federal protection, meaning states are free to pass laws allowing or outlawing abortion as they please.

Maybe if Roe was overturned, there would be a better movement to get privacy and abortion rights added to the Constitution legitimately?
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