KGlaub1128 t1_iups5vm wrote
Reply to comment by dravik in Voters can erase racist wording in Alabama Constitution by motayba
>Trying to sneak your preferred policy, that you know you isn't supported by the voting public, undermines the democratic system of government.
The Republicans literally just used SCOTUS to undermine democracy and the will of the public this year. Like 2/3 of Americans support abortion rights and oppose overturning Roe...so you pretending like Democrats putting changes in the constitution up for a public vote is "undermining Democracy" is real fucking rich!
dravik t1_iupthfl wrote
You're conflating federal and state levels of government.
Additionally, at the federal level, SCOTUS is supposed to be anti-majoritarian. Laws have to both 1) get enough support to be passed and 2) be constitutional. One of the primary roles of the SCOTUS is to check popular legislative and executive actions.
Even further, abortion never gained enough support to get any federal legislation passed, so it didn't even meet that hurdle. Even Ginsburg admitted that Roe's legal foundation was poorly reasoned. If it was actually as popular as you claim then it would have been easy to pass the legislation. But you 2/3s support is common of disinformation. 2/3s support abortion in some way, but it is normally presented as 2/3s support abortion in all instances. The reality is that most states will implement abortion restrictions in line with what the population actually supports: limits starting around 15-20 weeks. Which is pretty close to what most of Europe has had for decades.
fuzzylm308 t1_iuq3tuj wrote
> Even Ginsburg admitted that Roe's legal foundation was poorly reasoned.
I don't believe this is true.
I have only ever seen evidence that RBG thought the Roe was procedurally shaky and open to attack. I cannot find anywhere that Ginsburg disagreed with the logic behind Roe, just that she felt it was politically problematic. It doesn't seem that she disagreed that Right to Privacy encapsulates abortion rights, just that basing abortion rights on Gender Equality rather than Right to Privacy would have been stronger footing.
She wrote in her dissent in Gonzales v. Carhart that "legal challenges to undue restrictions on abortion procedures do not seek to vindicate some generalized notion of privacy; rather, they center on a woman's autonomy to determine her life's course, and thus to enjoy equal citizenship stature."
As this article from June explains,
> On the right, Ginsburg has served an entirely different purpose: as a supposed vindicator of what the Supreme Court just did. Plenty have pointed to Ginsburg’s past criticisms of Roe to suggest that even she might have agreed with the present-day Supreme Court that the case was wrongly decided in the first place...
> There’s no question Ginsburg disagreed with how Roe was decided. But it’s hardly that simple.
> Indeed Ginsburg’s criticisms of Roe generally had to do with pragmatic and political concerns, rather than saying it was outright wrong. And far from wanting to leave this decision to the states, as Friday’s decision does, she repeatedly sided with the idea that abortion was a constitutional right. She had preferred that right to be phased in more gradually and that it rely more on a different part of the Constitution — the right to equal protection rather than the right to privacy, the basis of Roe.
In a speech at the NYU School of Law in 1993, Ginsburg said, "The Roe decision might have been less of a storm center had it both homed in more precisely on the women's equality dimension of the issue..."
She also points out how Roe's singularity provided a pariah for anti-choice activists to rally against: "Around that extraordinary decision, a well-organized and vocal right-to-life movement rallied and succeeded, for a considerable time, in turning the legislative tide in the opposite direction." She repeated this sentiment two decades later in a 2013 speech at the University of Chicago Law School: "That was my concern, that the court had given opponents of access to abortion a target to aim at relentlessly."
Anyways, if RBG did say somewhere that she thought Roe was poorly reasoned, I'm all ears. But I have never stumbled upon that. This is what I have come across.
[deleted] t1_iupu1al wrote
[removed]
KGlaub1128 t1_iupuafu wrote
And RBG is a piece of shit too, so Idgaf what she said. Also, no it's not misinformation. Polling has REPEATEDLY SHOWN 2/3 support for abortion rights and support for maintaininh Roe v Wade.
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