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(BBC-US)   Louisiana judge aborts state anti-abortion law   (bbc.com) divider line
    More: News, Roe v. Wade, trigger laws, recent decision, Supreme Court's reversal, immediate effect, Monday morning, behalf of local abortion providers, Abortion  
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4169 clicks; posted to Politics » on 27 Jun 2022 at 8:46 PM (7 weeks ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook



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2022-06-27 4:21:38 PM  
A recent Pew survey found that 61% of adults believe abortion all of most of the time

This article brought to you by Sex Panther Cologne™
 
2022-06-27 6:48:22 PM  
Easy night for the Republicans communications team who can just dust off the "ACTIVIST JUDGES LEGISLATING FROM THE BENCH!!" talking points they thought would never be usable again.
 
2022-06-27 8:48:48 PM  

Mr. Coffee Nerves: Easy night for the Republicans communications team who can just dust off the "ACTIVIST JUDGES LEGISLATING FROM THE BENCH!!" talking points they thought would never be usable again.


This is going to be repeated, in one variation or another, in every state in the Union.  Popcorn futures have never been higher.
 
2022-06-27 8:49:22 PM  

MusicMakeMyHeadPound: A recent Pew survey found that 61% of adults believe abortion all of most of the time

This article brought to you by Sex Panther Cologne™


With a generous grant from Accidentally a Word Foundation.
 
2022-06-27 8:51:32 PM  
Bid deal, Louisianans who don't want an abortion can just drive to Mississippi.
 
2022-06-27 8:51:53 PM  
Paused until the state says we have a rational basis ie cause we want to.  And the tros disappear.
 
2022-06-27 8:52:49 PM  
Issued a stay, not aborted.
 
2022-06-27 8:54:07 PM  

Saiga410: Paused until the state says we have a rational basis ie cause we want to.  And the tros disappear.


What is the rational basis for no exception; including rape, incest, and the woman's life?

That a judge would believe...
 
2022-06-27 8:56:44 PM  

Gin Buddy: Saiga410: Paused until the state says we have a rational basis ie cause we want to.  And the tros disappear.

What is the rational basis for no exception; including rape, incest, and the woman's life?

That a judge would believe...


Wimmens needin a learn their place
 
2022-06-27 8:57:01 PM  
So they don't like trigger laws..But hate laws against triggers....
 
2022-06-27 8:59:17 PM  

Gin Buddy: Saiga410: Paused until the state says we have a rational basis ie cause we want to.  And the tros disappear.

What is the rational basis for no exception; including rape, incest, and the woman's life?

That a judge would believe...


If more potential lives are saved than lives lost, it'll pretty much pass the rational basis test.

The state just needs to formally lay out its reasoning.
 
2022-06-27 9:02:12 PM  
People will not go quietly.
 
2022-06-27 9:04:43 PM  
These so-called "trigger laws" are "so-called laws."
 
2022-06-27 9:05:48 PM  

Gin Buddy: Saiga410: Paused until the state says we have a rational basis ie cause we want to.  And the tros disappear.

What is the rational basis for no exception; including rape, incest, and the woman's life?

That a judge would believe...


So this law doesn't allow for protecting the woman's life?

That's jacked up.
 
2022-06-27 9:06:22 PM  

Thingster: Gin Buddy: Saiga410: Paused until the state says we have a rational basis ie cause we want to.  And the tros disappear.

What is the rational basis for no exception; including rape, incest, and the woman's life?

That a judge would believe...

If more potential lives are saved than lives lost, it'll pretty much pass the rational basis test.

The state just needs to formally lay out its reasoning.


In a rational basis test, the state doesn't have to prove shiat.
 
2022-06-27 9:12:50 PM  

HerptheDerp: Gin Buddy: Saiga410: Paused until the state says we have a rational basis ie cause we want to.  And the tros disappear.

What is the rational basis for no exception; including rape, incest, and the woman's life?

That a judge would believe...

Wimmens needin a learn their place


Well, now why come the judge whatwith the thing cant'ana asaid it like that and thereon out then like?
 
2022-06-27 9:21:25 PM  

Thingster: Gin Buddy: Saiga410: Paused until the state says we have a rational basis ie cause we want to.  And the tros disappear.

What is the rational basis for no exception; including rape, incest, and the woman's life?

That a judge would believe...

If more potential lives are saved than lives lost, it'll pretty much pass the rational basis test.

The state just needs to formally lay out its reasoning.


By that reasoning, we need to ban alcohol again.  And guns.
 
2022-06-27 9:24:58 PM  

Bonzo_1116: Thingster: Gin Buddy: Saiga410: Paused until the state says we have a rational basis ie cause we want to.  And the tros disappear.

What is the rational basis for no exception; including rape, incest, and the woman's life?

That a judge would believe...

If more potential lives are saved than lives lost, it'll pretty much pass the rational basis test.

The state just needs to formally lay out its reasoning.

By that reasoning, we need to ban alcohol again.  And guns.


Alcohol sure, any state can do that.  Bruen might make guns off limits.
 
2022-06-27 9:25:29 PM  

Bonzo_1116: Thingster: Gin Buddy: Saiga410: Paused until the state says we have a rational basis ie cause we want to.  And the tros disappear.

What is the rational basis for no exception; including rape, incest, and the woman's life?

That a judge would believe...

If more potential lives are saved than lives lost, it'll pretty much pass the rational basis test.

The state just needs to formally lay out its reasoning.

By that reasoning, we need to ban alcohol again.  And guns.


it would be best to do them at the same time.
 
2022-06-27 9:27:07 PM  

macadamnut: These so-called "trigger laws" are "so-called laws."


[LAW TRIGGERING INTENSIFIES]
 
2022-06-27 9:27:38 PM  

munko: Bonzo_1116: Thingster: Gin Buddy: Saiga410: Paused until the state says we have a rational basis ie cause we want to.  And the tros disappear.

What is the rational basis for no exception; including rape, incest, and the woman's life?

That a judge would believe...

If more potential lives are saved than lives lost, it'll pretty much pass the rational basis test.

The state just needs to formally lay out its reasoning.

By that reasoning, we need to ban alcohol again.  And guns.

it would be best to do them at the same time.


But you kinda need both to have fun.
 
2022-06-27 9:31:25 PM  
And that, ladies and germs, is exactly how the system should work. Each state needs to hammer out a solution to this madness. I am a registered citizen of Louisiana. For the record, my vote goes to walk in/on demand 1st trimester ... it's the exceptions that are the sticking points.
 
2022-06-27 9:31:55 PM  

Saiga410: Paused until the state says we have a rational basis ie cause we want to.  And the tros disappear.


The reason for the stay isn't a constitutional argument per se. It's more that there are a patchwork of trigger laws that lack internal consistency and make it impossible for women and doctors to know what the law is.

But yeah, the Louisiana Supreme Court is pretty much ideologically comparable to the SCOTUS. They'll probably reverse Judge Giarruso because Jesus.
 
2022-06-27 9:44:21 PM  

Aleksandr Solzhenitsyn: And that, ladies and germs, is exactly how the system should work. Each state needs to hammer out a solution to this madness. I am a registered citizen of Louisiana. For the record, my vote goes to walk in/on demand 1st trimester ... it's the exceptions that are the sticking points.


Is it viable outside of the womb? If not, no exceptions. If it is, which is extremely farking rare due to a multitude of factors, that's none of my goddamned business.
 
2022-06-27 9:46:01 PM  
Fark user imageView Full Size
 
2022-06-27 9:55:04 PM  

Mouser: Mr. Coffee Nerves: Easy night for the Republicans communications team who can just dust off the "ACTIVIST JUDGES LEGISLATING FROM THE BENCH!!" talking points they thought would never be usable again.

This is going to be repeated, in one variation or another, in every state in the Union.  Popcorn futures have never been higher.


https://www.kwqc.com/2022/06/09/popcorn-shortage-might-be-just-around-corner/
 
2022-06-27 9:56:10 PM  
That's...very surprising.
 
2022-06-27 9:59:54 PM  

Subtonic: HerptheDerp: Gin Buddy: Saiga410: Paused until the state says we have a rational basis ie cause we want to.  And the tros disappear.

What is the rational basis for no exception; including rape, incest, and the woman's life?

That a judge would believe...

Wimmens needin a learn their place

Well, now why come the judge whatwith the thing cant'ana asaid it like that and thereon out then like?


Whut th' farkin kinda lang'age izzat? You speakin' anglish?
 
2022-06-27 10:04:13 PM  

cyberspacedout: Mouser: Mr. Coffee Nerves: Easy night for the Republicans communications team who can just dust off the "ACTIVIST JUDGES LEGISLATING FROM THE BENCH!!" talking points they thought would never be usable again.

This is going to be repeated, in one variation or another, in every state in the Union.  Popcorn futures have never been higher.

https://www.kwqc.com/2022/06/09/popcorn-shortage-might-be-just-around-corner/


Of course a TV station in Iowa is reporting on this.
 
2022-06-27 10:20:05 PM  
Love that fetus from Popeye's!
 
2022-06-27 10:23:43 PM  
I'm guessing that a lot of these trigger laws were passed as red meat for the base. At the time they never thought RvW would actually be stuck down. So most of them probably have some fatal legal flaws. Fingers crossed!
 
2022-06-27 10:27:25 PM  
They like to show those close-up in vitro photos of a perfectly-formed embryo, you know, how it looks just like a baby sucking its wee little thumb and all that...and then all the rubes coo and whinge and rush to the polls to save the babies because "o we can't be killing those precious unborn children" and more intelligent people ponder sagely about "viability outside the womb" and all that.

At 12 weeks, a fetus is "fully formed" but it is about 2 inches long, and weighs about half an ounce. For handy comparison purposes, it is half the length of a gaming mouse, and about 1/4 the weight.

At 20 weeks, a fetus is about six inches long, and weighs 10-12 ounces. For comparison purposes, a new-born kitten is about three inches long, and weighs about 4-5 ounces. A 20-week fetus = 2 newborn kittens. A 20-week fetus is just scraping the edge of "viability". (5 mos.)

At 32 weeks (8 months) a fetus is about 16 inches long and weighs between 4-5 pounds. For comparison, an old vinyl record is 12" across. An 8 month fetus is about as big as a normal baby, but weighs as much as a six-pack of beer.
Yours truly hatched five weeks early at 5 pounds, and narrowly escaped a hi-oxygen incubator 58 years ago.

At 36 weeks (full term) the fetus is about the same size, 18 or so inches, but has gained an additional 2-5 pounds. Now it looks and weighs as much as a baby.

You can go on and on about souls and viability and beating hearts all you want; but there is just no denying that that 12-week knob isn't a "baby" no matter how hard you want it to be; and if it slipped free of Mom's womb by accident it would die in seconds on the cold hard pavement. Even 60 years ago, keeping us preemies alive was not a guaranteed option. Stevie Wonder is blind because they turned the O2 in his incubator up too high in the interests of saving his tiny premature life.
 
2022-06-27 10:29:32 PM  

Mr. Coffee Nerves: Easy night for the Republicans communications team who can just dust off the "ACTIVIST JUDGES LEGISLATING FROM THE BENCH!!" talking points they thought would never be usable again.


The recent R talking point I've seen on Quora is this is a consequence of liberals' support for legislating from the bench.  I am going to copy paste what I saw earlier:

The left brought this on themselves.
You were warned over and over about the perils of judges legislating from the bench. This is one. Any "right" that is created by judicial decree can be unmade by another decree.
And you had years, nay, decades to try and pass some sort of federal law that would have put abortion on more stable legal footing, but you didn't. You just assumed you could chant "settled law" over and over, even as new Justices came and went, and nothing would ever change.
You must all feel pretty foolish right now. Which is good, because you should feel foolish.


I've seen it pop up a few times.  This strikes me as a blame the victim mentality (which given the R origin doesn't really surprise me) mixed with misdirection to cause people to look away from analyzing the reasoning Alito and Thomas used and focus on something else.
 
2022-06-27 10:44:06 PM  

Mrtraveler01: cyberspacedout: Mouser: Mr. Coffee Nerves: Easy night for the Republicans communications team who can just dust off the "ACTIVIST JUDGES LEGISLATING FROM THE BENCH!!" talking points they thought would never be usable again.

This is going to be repeated, in one variation or another, in every state in the Union.  Popcorn futures have never been higher.

https://www.kwqc.com/2022/06/09/popcorn-shortage-might-be-just-around-corner/

Of course a TV station in Iowa is reporting on this.


Hah, I didn't even notice - just copied the first link that showed up on Google.
 
2022-06-27 11:39:36 PM  

gilgigamesh: Saiga410: Paused until the state says we have a rational basis ie cause we want to.  And the tros disappear.

The reason for the stay isn't a constitutional argument per se. It's more that there are a patchwork of trigger laws that lack internal consistency and make it impossible for women and doctors to know what the law is.

But yeah, the Louisiana Supreme Court is pretty much ideologically comparable to the SCOTUS. They'll probably reverse Judge Giarruso because Jesus.


Ah.  Looking deeper.  One state con amendment and one later passed law.  That is an interesting pickle.  I can agree with a stay to figure that out.  End of the day state constitution probably will at least be enforced.  Not interested enou3ght to read either.
 
2022-06-27 11:43:33 PM  

Abox: Bid deal, Louisianans who don't want an abortion can just drive to Mississippi.


caaann't teeell iif serious
 
2022-06-27 11:46:14 PM  

Aleksandr Solzhenitsyn: And that, ladies and germs, is exactly how the system should work. Each state needs to hammer out a solution to this madness. I am a registered citizen of Louisiana. For the record, my vote goes to walk in/on demand 1st trimester ... it's the exceptions that are the sticking points.


this has a veneer of sense but I'm suspicious
 
2022-06-27 11:53:24 PM  

Lady J: Abox: Bid deal, Louisianans who don't want an abortion can just drive to Mississippi.

caaann't teeell iif serious


I can tell you he is not serious.
 
2022-06-27 11:56:51 PM  

Lady J: Aleksandr Solzhenitsyn: And that, ladies and germs, is exactly how the system should work. Each state needs to hammer out a solution to this madness. I am a registered citizen of Louisiana. For the record, my vote goes to walk in/on demand 1st trimester ... it's the exceptions that are the sticking points.

this has a veneer of sense but I'm suspicious


A lot of the trigger-law states (I'm not going to look it up) have 15-week cutoffs on the books, which is actually LONGER than Roe's 12-week plan. Texass and Floriduh and a few others have the bullshiat heartbeat cutoff, which is too short, of course.

The problem is that without the nominal federal backing states are going to start pushing laws all the fark over the place to narrow it down to if a sperm and an ovum are in the same area code, conception has occurred.
 
2022-06-28 12:03:23 AM  

Saiga410: Bonzo_1116: Thingster: Gin Buddy: Saiga410: Paused until the state says we have a rational basis ie cause we want to.  And the tros disappear.

What is the rational basis for no exception; including rape, incest, and the woman's life?

That a judge would believe...

If more potential lives are saved than lives lost, it'll pretty much pass the rational basis test.

The state just needs to formally lay out its reasoning.

By that reasoning, we need to ban alcohol again.  And guns.

Alcohol sure, any state can do that.  Bruen might make guns off limits.


So, I've had this stuck in my craw a couple days, and I'm buzzed, so why not.

If we are to return to the Constitution, as Scalia would love so much (as an eye-talian, he nor his ancestors wouldn't even have a seat at the table), then sure, we have a right to bear arms and part of a well-regulated militia.

But, rifling wasn't invented at the time, nor we handguns, and forget semi-auto anything. So, everyone can turn in their AR-whatever with their high-capacity magazines, their Glocks, Colts, etc., for a lovely musket, a handful of bullets and some black powder.

If we're going to be originalist, let's do it.
 
2022-06-28 12:10:07 AM  

Gyrfalcon: They like to show those close-up in vitro photos of a perfectly-formed embryo, you know, how it looks just like a baby sucking its wee little thumb and all that...and then all the rubes coo and whinge and rush to the polls to save the babies because "o we can't be killing those precious unborn children" and more intelligent people ponder sagely about "viability outside the womb" and all that.

At 12 weeks, a fetus is "fully formed" but it is about 2 inches long, and weighs about half an ounce. For handy comparison purposes, it is half the length of a gaming mouse, and about 1/4 the weight.

At 20 weeks, a fetus is about six inches long, and weighs 10-12 ounces. For comparison purposes, a new-born kitten is about three inches long, and weighs about 4-5 ounces. A 20-week fetus = 2 newborn kittens. A 20-week fetus is just scraping the edge of "viability". (5 mos.)

At 32 weeks (8 months) a fetus is about 16 inches long and weighs between 4-5 pounds. For comparison, an old vinyl record is 12" across. An 8 month fetus is about as big as a normal baby, but weighs as much as a six-pack of beer.
Yours truly hatched five weeks early at 5 pounds, and narrowly escaped a hi-oxygen incubator 58 years ago.

At 36 weeks (full term) the fetus is about the same size, 18 or so inches, but has gained an additional 2-5 pounds. Now it looks and weighs as much as a baby.

You can go on and on about souls and viability and beating hearts all you want; but there is just no denying that that 12-week knob isn't a "baby" no matter how hard you want it to be; and if it slipped free of Mom's womb by accident it would die in seconds on the cold hard pavement. Even 60 years ago, keeping us preemies alive was not a guaranteed option. Stevie Wonder is blind because they turned the O2 in his incubator up too high in the interests of saving his tiny premature life.


Fetuses are basically sea monkeys until the 6th month. And not the cool ones in the ads, either; more like the lame crap that you would vainly try to grow in water.
 
2022-06-28 12:18:36 AM  

urethra_franklin: Saiga410: Bonzo_1116: Thingster: Gin Buddy: Saiga410: Paused until the state says we have a rational basis ie cause we want to.  And the tros disappear.

What is the rational basis for no exception; including rape, incest, and the woman's life?

That a judge would believe...

If more potential lives are saved than lives lost, it'll pretty much pass the rational basis test.

The state just needs to formally lay out its reasoning.

By that reasoning, we need to ban alcohol again.  And guns.

Alcohol sure, any state can do that.  Bruen might make guns off limits.

So, I've had this stuck in my craw a couple days, and I'm buzzed, so why not.

If we are to return to the Constitution, as Scalia would love so much (as an eye-talian, he nor his ancestors wouldn't even have a seat at the table), then sure, we have a right to bear arms and part of a well-regulated militia.

But, rifling wasn't invented at the time, nor we handguns, and forget semi-auto anything. So, everyone can turn in their AR-whatever with their high-capacity magazines, their Glocks, Colts, etc., for a lovely musket, a handful of bullets and some black powder.

If we're going to be originalist, let's do it.


If we are going originalist then press is limited to movable press.  Speech is limited to direct spoken word and only physical papers are secure.  Lets do this.

But if you want to go well regulated militia.  Current law dictates all males 18-45 are part of the irregular militia.  There is no other real regulations.  If you are willing to allow modern analogs then modern military rifles for males 18-45.
 
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