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Roe v. Wade’s foundation might be shaky but that doesn’t mean it will fall

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By Danny Cevallos

Alabama Gov. Kay Ivey, a Republican, has signed into law a total abortion ban, containing exceptions only where there are serious health risks to the mother.

The law appears to conflict on its face with the 1973 Supreme Court holding of Roe v. Wade and its subsequent rulings. In the short term, a federal district court will most likely stop the law from going into effect. A federal appellate court will be constrained to agree with the lower court. After all, they are just following the precedent of Roe, as the lower courts are generally obligated to do.

If this challenge to the Alabama abortion ban makes it to the Supreme Court, however, it is possible that Roe v. Wade could be overturned.

Even though much of American society has come to rely on the principles of Roe v. Wade, the original case has always stood on a shaky legal foundation.

Even the high court conceded in Roe that the Constitution does not explicitly mention a right to privacy. Instead, the court looked at the history of judicial decisions recognizing personal privacy rights that emanated from other constitutional protections. The court concluded that this guarantee of personal privacy extended only to fundamental rights, which included areas such as procreation, contraception and childrearing.

The Roe opinion wonders aloud if this bundle of rights is inferred from the 14th Amendment’s concept of personal liberty, or the Ninth Amendment’s reservation of rights to the people. Uncertainty about the legal source of those rights didn’t stop the court from extending a new privacy right to a woman’s decision to terminate her pregnancy.

The anti-abortion argument that will appeal to the present-day originalist and right-leaning Supreme Court Justices is simple: Roe is premised upon rights that do not appear in the Constitution. Because these rights are imaginary, Roe can be overturned.

Another criticism of Roe is that when unelected judges infer new fundamental rights from the shadows of other rights, judges override the local democratic process, and silence the voices of the voters in states such as Alabama. These arguments will appeal to justices such as Neil Gorsuch and Clarence Thomas, for whom the original meaning of the text of a statute is its only meaning. Unpleasant outcomes do not justify changing the meaning of an enacted statute, or creating new rights to achieve what is perceived as a “fair” result.

Another argument against abortion is that even if there is a right to procreation, contraception and childrearing, it does not follow that abortion is a natural extension of these rights. To critics of Roe, the right to raise a child is not closely related to the right to kill a child. Of course, this argument presupposes that a fetus is a life — a hotly contested issue, which has evolved along with medical technology.

The Alabama statute has been criticized for omitting exceptions to the ban in cases of rape or incest. That omission was a strategic one: By removing these exceptions, the Alabama law is grounded in the principle that a fertilized egg is a life. For those against abortion, a rape/incest exception is a logical inconsistency: Life is life, whether or not the child’s father was a rapist. The exemption tees up the argument for the Supreme Court: Roe v. Wade should be re-examined, because the Alabama statute is consistent with a theory of life, equally valued, at conception.

For many abortion-rights advocates, Roe reached the right result, but the reasoning is admittedly susceptible to attack.

For them, the stronger argument is rooted in a principle called “stare decisis,” Latin for “to stand by things already decided.” Prior decisions on similar issues and facts are generally binding precedent on a court, but precedent can be overruled in certain situations. Only the Supreme Court has the luxury of departing from its own precedent. The lower courts must follow the Supreme Court’s precedent.

Stare decisis may be what ultimately shields Roe and its right to privacy. Whether right or wrong, Roe has been around so long that people rely upon its protections, which have become part of the fabric of society. Even originalist judges might disagree with Roe, but may ultimately uphold it as longstanding precedent and the law of the land.

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Matteo Salvini girlfriend: Brunette beauty’s HEARTBREAKING Instagram post announcing split

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THE EUROPEAN ELECTIONS are happening now and are set to deliver blows to politicians across Europe, but one politician is used to brushing off well publicised torment after his former girlfriend took to social media to reveal the couple had parted ways.

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Trump talks ‘Crazy Nancy’ Pelosi and treason at wild press conference

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By Jonathan Allen

WASHINGTON — President Donald Trump repeatedly called House Speaker Nancy Pelosi “crazy,” said former FBI Director James Comey and the late Sen. John McCain, R-Ariz., were guilty of treason, and declined to commit to raising the nation’s debt ceiling during a sprawling interaction with reporters at the White House Thursday.

Trump clashed with Pelosi and Senate Minority Leader Chuck Schumer, D-N.Y., Wednesday, cutting short a planned meeting on infrastructure spending because he is frustrated with congressional efforts to investigate his administration. Just after that confrontation, he told the media he would not work with Democrats on legislation until they halt their inquiries.

On Thursday, he took issue with Pelosi’s characterization of his abrupt departure from the room, saying he kept his cool.

“I was so calm,” he said. “Cryin’ Chuck, Crazy Nancy — I tell you what, I’ve been watching her. I have been watching her for a long period of time. She is not the same person. She has lost it.”

Pelosi quickly fired back.

“When the ‘extremely stable genius’ starts acting more presidential, I’ll be happy to work with him on infrastructure, trade and other issues,” she wrote on Twitter.

Asked whether his self-imposed ban on legislative action extends to budget matters, including an increase in the statutory debt limit, Trump hedged.

“We’ll see what happens,” Trump said, calling himself a “very capable” person. “Let them get this angst out of their belt.”

The House is pursuing multiple open investigations involving the administration, including follow-ups to special counsel Robert Mueller’s Russia probe. Trump has denied subpoena requests for documents and testimony from congressional committees, setting up court battles with House Democrats.

He reiterated Thursday that he believes he is the victim of a long-running effort to stop him from winning in 2016, delegitimize his presidency and remove him from office either through impeachment or by Democrats damaging him enough with investigations that he can’t be re-elected.

He has charged that some of his adversaries are guilty of treason, and he was asked Thursday to provide the names of people who should be held accountable for a crime punishable by death.

Trump answered with a list of names: Comey, McCain, former FBI agent Peter Strzok and former Justice Department official Lisa Page.

Strzok and Page exchanged text messages during the 2016 campaign — when the FBI was investigating his operation — that disparaged him, and attempted to prevent him from winning.

Now, Trump says, Democrats in Congress are continuing their efforts.

“Without the ‘treason’ word — they don’t feel they can win so they’re trying to do the thousand stabs,” he said.

Congressional Democrats say that Trump has systematically abused the power of his office by summarily rejecting valid requests for information related to their legislative duties and a possible impeachment inquiry.



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Marine Le Pen first husband: The ONE connection between husbands and new boyfriend

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MARINE LE PEN’s party is tipped to top the upcoming European Parliament elections in France, leading with 24.5 percent of the French vote according to a recent poll, but what is Mrs Le Pen’s personal life like?

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