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(The State)   South Carolina Supreme Court blocks six-week abortion ban. Fark: Unanimous decision   (thestate.com) divider line
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1933 clicks; posted to Politics » on 18 Aug 2022 at 6:42 AM (5 weeks ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook



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2022-08-18 3:29:12 AM  
A long-recognized principle is that the will of the people is reflected in the legislative enactments of the people's elected representatives.  That principle may be a fiction at times, but it is nevertheless a principle that is maintained for self-evident laudable reasons.  The South Carolina General Assembly codified the Roe decision in 1974.


I like the quote about fiction.

Meanwhile, here's the thing. SC essentially codified Roe in their law. Then, they wrote this fetal heart-beat law. But when they wrote the fetal heart-beat law, they added something to say they were not over-turning the prior law which codified Roe. This means, they had established a conflict.

My prediction is that they will eventually have to go back and write a law that goes back and explicitly undoes their codification of Roe (it was a law, not an amendment of their State Constitution). That would allow the regressive bastards to enable their heart-beat law. Alternatively, they might completely strike down the fetal heart-beat law because it was so horribly written that it bears this internal conflict. In that case, they have to repass it without the conflict. So I'm very pessimistic that this is a short term reprieve where they will just send the Legislature back to pass their ban again.
 
2022-08-18 6:36:11 AM  
They're just going to wait until the newly-elected MAGA lawmakers are sworn in for the next session and then pass a law saying conception begins the moment two cousins go into the bed of the Silverado outside the Kid Rock concert.
 
2022-08-18 6:47:24 AM  
"We dun fukt up, Amos. Now what?"
 
2022-08-18 6:50:48 AM  
Temporary stay of enforcement

Don't count on this as the final word
 
2022-08-18 6:52:18 AM  
Cool. Hopefully the women's health infrastructure didn't dismantle too much in the wake of the Roe repeal. Would be a pain in the ass to get back up and running.
 
2022-08-18 6:57:25 AM  
Republicans aren't going to stop. They very much intend to outlaw abortion and birth control. Then they'll outlaw divorce, end same sex marriage and make Christianity the only legal religion in America.
That's their plan.
 
2022-08-18 6:58:44 AM  
Sounds like the constitution itself in South Carolina might need to be rewritten to remove any explicit right to privacy:

"the right of the people to be secure... against unreasonable...invasions of privacy shall not be violated"

Hard to imagine even the most hardcore right wingers voting against a general right to privacy even if they are against abortion. The libertarian streak is pretty strong in USA.
 
2022-08-18 6:59:23 AM  

Mr. Coffee Nerves: They're just going to wait until the newly-elected MAGA lawmakers are sworn in for the next session and then pass a law saying conception begins the moment two cousins go into the bed of the Silverado outside the Kid Rock concert.


"Newly-elected MAGA lawmakers"???
This is SC you're talking about here, they were doing MAGA crap long before Trump was on the scene.
 
2022-08-18 7:00:26 AM  
Can women even know they're pregnant at 6 weeks?
 
2022-08-18 7:03:35 AM  

LL316: Can women even know they're pregnant at 6 weeks?


I think at that point it requires a blood test to find out.
 
2022-08-18 7:03:59 AM  
I tend to think of SC as where treason started in the civil war and so out of touch they use airplane bottles of liquor in bars.
maybe they are learning.
 
2022-08-18 7:11:11 AM  

neofonz: Mr. Coffee Nerves: They're just going to wait until the newly-elected MAGA lawmakers are sworn in for the next session and then pass a law saying conception begins the moment two cousins go into the bed of the Silverado outside the Kid Rock concert.

"Newly-elected MAGA lawmakers"???
This is SC you're talking about here, they were doing MAGA crap long before Trump was on the scene.


Fark user imageView Full Size

I'd say yes ...they were doing it well before Trump
 
2022-08-18 7:17:52 AM  

saywhonow: [Fark user image image 425x280]
I'd say yes ...they were doing it well before Trump


Exactly.

See also:
- Confederate flag flying over state capitol
- Strom Thurmond's filibuster against the 1964 Civil Rights Act
- Operation Lost Trust
- etc.
 
2022-08-18 7:23:23 AM  

Shaggy_C: Sounds like the constitution itself in South Carolina might need to be rewritten to remove any explicit right to privacy:

"the right of the people to be secure... against unreasonable...invasions of privacy shall not be violated"

Hard to imagine even the most hardcore right wingers voting against a general right to privacy even if they are against abortion. The libertarian streak is pretty strong in USA.


Dude.......wtf are you smoking.  If South Carolinians had any scruples whatsoever, Lindsey Graham would be out on his ass right now for his about face regarding SCOTUS nominee hearings.  You think those voters give two shiats about hypocrisy regarding abortion/privacy?  Come on now.
 
2022-08-18 7:43:03 AM  

Shaggy_C: Sounds like the constitution itself in South Carolina might need to be rewritten to remove any explicit right to privacy:

"the right of the people to be secure... against unreasonable...invasions of privacy shall not be violated"

Hard to imagine even the most hardcore right wingers voting against a general right to privacy even if they are against abortion. The libertarian streak is pretty strong in USA.


Yeah libertarians have a sterling record of backing candidates who support civil liberties.
 
2022-08-18 7:44:33 AM  

dark brew: Dude.......wtf are you smoking.  If South Carolinians had any scruples whatsoever, Lindsey Graham would be out on his ass right now for his about face regarding SCOTUS nominee hearings.  You think those voters give two shiats about hypocrisy regarding abortion/privacy?  Come on now.


You do raise a good point; rather than kill the privacy right, they could also amend the constitution to add a separate ban on abortion that supersedes the privacy right or otherwise makes it inapplicable. That would be right in line with their usual hypocrisy.

Still, needs a constitutional amendment, which is a pretty high hurdle!
 
2022-08-18 7:58:01 AM  

chucknasty: I tend to think of SC as where treason started in the civil war and so out of touch they use airplane bottles of liquor in bars.
maybe they are learning.


Mini bottles haven't been required in bars since the second Bush administration.
 
2022-08-18 8:10:12 AM  

TomFooolery: chucknasty: I tend to think of SC as where treason started in the civil war and so out of touch they use airplane bottles of liquor in bars.
maybe they are learning.

Mini bottles haven't been required in bars since the second Bush administration.


Great. Welcome to the 1950s you inbred racist goatfarkers.
 
2022-08-18 8:27:53 AM  

Shaggy_C: Sounds like the constitution itself in South Carolina might need to be rewritten to remove any explicit right to privacy:

"the right of the people to be secure... against unreasonable...invasions of privacy shall not be violated"

Hard to imagine even the most hardcore right wingers voting against a general right to privacy even if they are against abortion. The libertarian streak is pretty strong in USA.


"Libertarians" in the US have no problem telling others what to do
 
2022-08-18 8:36:45 AM  

IndyJohn: Shaggy_C: Sounds like the constitution itself in South Carolina might need to be rewritten to remove any explicit right to privacy:

"the right of the people to be secure... against unreasonable...invasions of privacy shall not be violated"

Hard to imagine even the most hardcore right wingers voting against a general right to privacy even if they are against abortion. The libertarian streak is pretty strong in USA.

"Libertarians" in the US have no problem telling others what to do


Libertarian currently means "leave me alone and let me tell you what I want you to do for me."
 
2022-08-18 8:46:01 AM  
"the U.S. Supreme Court ruled in June there is no right to privacy in the federal Constitution, it is an "arguably close question" whether South Carolina's own Constitution affords some right to privacy."

This didn't actually happen though.  SCOTUS overturned Roe/Casey, but not (yet) Griswold v Connecticut, which is the case that established there is a constitutional right to privacy, and remains the law of the land.
 
2022-08-18 9:03:50 AM  

houginator: "the U.S. Supreme Court ruled in June there is no right to privacy in the federal Constitution, it is an "arguably close question" whether South Carolina's own Constitution affords some right to privacy."

This didn't actually happen though.  SCOTUS overturned Roe/Casey, but not (yet) Griswold v Connecticut, which is the case that established there is a constitutional right to privacy, and remains the law of the land.


While Griswold was not explicitly overruled, Dobbs rejected the existence of a constitutional privacy right.  I expect that many lower courts will treat Griswold as implicitly overruled, or will use Alito's bullshiat analysis to confine its reasoning to a right to privacy within the context of heterosexual marriage.
 
2022-08-18 9:23:52 AM  

LL316: Can women even know they're pregnant at 6 weeks?


The earliest OTC pregnancy tests can detect a pregnancy is at 4 weeks, typically 5 weeks.
So with these laws a woman has one week to get the funds and schedule time to get to a clinic.
6 week bans are really meant to ban all abortions.
A beating heart is a stupid cutoff.
 
2022-08-18 9:32:04 AM  

IndyJohn: houginator: "the U.S. Supreme Court ruled in June there is no right to privacy in the federal Constitution, it is an "arguably close question" whether South Carolina's own Constitution affords some right to privacy."

This didn't actually happen though.  SCOTUS overturned Roe/Casey, but not (yet) Griswold v Connecticut, which is the case that established there is a constitutional right to privacy, and remains the law of the land.

While Griswold was not explicitly overruled, Dobbs rejected the existence of a constitutional privacy right.  I expect that many lower courts will treat Griswold as implicitly overruled, or will use Alito's bullshiat analysis to confine its reasoning to a right to privacy within the context of heterosexual marriage.


I expect that lower courts will rule however they feel like ruling because precedents don't matter, and any tincture of reasoning that went into how to decide law went out the door as soon as the Christian Wrong turned it into majority rules. Well... Moral Majority. Not actual, you know, will of the people majority.

Hell, this court has rulings in which they blatantly ignore the text of the law and the constitution as written. So... I'm not looking for a coherent rulings out of the judicial system until congress steps in and starts actually legislating.
 
2022-08-18 9:34:46 AM  

fiddlehead: LL316: Can women even know they're pregnant at 6 weeks?

The earliest OTC pregnancy tests can detect a pregnancy is at 4 weeks, typically 5 weeks.
So with these laws a woman has one week to get the funds and schedule time to get to a clinic.
6 week bans are really meant to ban all abortions.
A beating heart is a stupid cutoff.


Another thing to consider is that the clock on pregnancy starts with the woman's last period. So she's technically "pregnant" for several weeks before she's even had sex.
 
2022-08-18 9:43:15 AM  
So that legislator who gave that performance speech the other day, regretting his prior abotion-ban vote
( https://www.fark.com/comments/12516878/So-either-hes-evolved-a-spark-of-conscience-hes-just-pissed-that-this-takes-another-potential-baby-vessel-out-of-circulation-Hard-to-tell-with-these-guys ) , shed all his crocodile tears in vain?
 
2022-08-18 10:26:51 AM  

fiddlehead: LL316: Can women even know they're pregnant at 6 weeks?

The earliest OTC pregnancy tests can detect a pregnancy is at 4 weeks, typically 5 weeks.
So with these laws a woman has one week to get the funds and schedule time to get to a clinic.
6 week bans are really meant to ban all abortions.
A beating heart is a stupid cutoff.


How can it be a "heart beat" when there's no heart? At six weeks all there is a clump of cells engaged in electro-cardiac activity. No chambered vessel, just a smear of cells thrumming together. Just another lie, like "pro-life"
 
2022-08-18 10:26:57 AM  
IndyJohn:While Griswold was not explicitly overruled, Dobbs rejected the existence of a constitutional privacy right.  I expect that many lower courts will treat Griswold as implicitly overruled, or will use Alito's bullshiat analysis to confine its reasoning to a right to privacy within the context of heterosexual marriage.

"As Bishop Æþelstan of Northumbria clearly defined in the 8th century, a marriage is strictly between one man and one woman, solmenized by the elves and fairies living in the trees near their home-stead..."
 
2022-08-18 11:01:27 AM  

Gyrfalcon: IndyJohn: Shaggy_C: Sounds like the constitution itself in South Carolina might need to be rewritten to remove any explicit right to privacy:

"the right of the people to be secure... against unreasonable...invasions of privacy shall not be violated"

Hard to imagine even the most hardcore right wingers voting against a general right to privacy even if they are against abortion. The libertarian streak is pretty strong in USA.

"Libertarians" in the US have no problem telling others what to do

Libertarian currently means "leave me alone and let me tell you what I want you to do for me."


Also, " I enjoy the benefits of society, but I don't want to pay for or otherwise contribute to them. "
 
2022-08-18 11:19:23 AM  

Shaggy_C: The libertarian sociopath streak is pretty strong in USA.


FTFY.
 
2022-08-18 3:56:55 PM  

Blahbbs: Also, "I enjoy the benefits of society, but I don't want to pay for or otherwise contribute to them."


Also "I support minority rights by insisting the government should do nothing to protect those rights, nor even recognize their existence. If minorities object to the unfair the treatment they receive where they live and do business, well, they should just move to a place where people actually like them. That's fair to everyone."
 
2022-08-19 7:58:24 PM  
CheatCommando:
Great. Welcome to the 1950s you inbred racist goatfarkers.

Oh go fark yourself you farking condescending bigot.
 
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