this post was submitted on 23 Jan 2024
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To be fair, the federal government has very little ability to change abortion policy outside of the supreme Court interpreting the bill of rights as protecting the bodily autonomy of the mother. A constitutional amendment is the only other way it could be done
They could literally have passed a federal law and had been done with it.
Why would they pass a federal law that can be overturned in the next Congress when every incoming justice has claimed under oath that Roe is a constitutional right that cannot be removed?
Hindsight is always 2020
This is literally false
It's not. The Democrats were just too hindered with propaganda to stand up to the Republicans and take control of Congress and the federal government when they had a chance.
The Republicans are our abusers and the Democrats our chief enablers.
Homie yes it is false, SCOTUS can absolutely tell Congress to go fuck itself over any legislation they choose. They do it frequently, they have nullified tons of Acts passed by Congress in the past.
And as Andrew Jackson proved, we literally can just tell SCOTUS to come down and enforce their rulings themselves if they feel some type of way about it.
And it's WAY past time the feds started doing that.
They had the votes to pass the legislation that would federally guarantee a woman's right to an abortion and they choose not to include it.
They had the ability to tie access to legal abortion to federal Medicare/caid funding, and they choose not to do it.
They had the momentum to put a constitutional amendment on state ballots - in much the same way Bush used "traditional family" amendments to put gay marriage legalization on the ballot in 2004 - and they refused.
They have the ability - RIGHT NOW - to pass state laws that will shield women and doctors from interstate prosecutions and they are refusing to do it.
An amendment is certainly one way it could be done. An interstate compact is another. Federal public money and legal protection for physicians is a third way. There are still others. None have been tried. None are being pursued. None appear to be a part of the 2024 election agenda.
SCOTUS can tell Congress to go fuck itself for literally any reason. Passing a law saying abortion cannot be made illegal by a state would have done literally NOTHING to stop Dobbs.
I am so sick of seeing this false rhetoric all over Lemmy, the only thing that would have stopped Dobbs would have been a constitutional amendment.
A law passed by congress would have set an entirely different framework thus eliminating the grounds Dobbs relied on. I am pretty sure the justices were pretty clear in the Dobbs decision itself about that.
Yes. But then that reason sets off a series of dominoes, as it applies to a whole host of outstanding case law. The reason the SCOTUS gives is incredibly important and not something trivially decided.
Would have overriden a host of state trigger-laws already on the books, forcing the states to re-litigate at the state level and offer liberals ample opportunity to stonewall new legislation in a host of states.
Democrats crying that they are powerless while insisting that Republicans are omnipotent is the false rhetoric.
"Government can't help you, it can only hurt you" is this toxic and corrosive theory that gives license to the worst kind of people to continue doing the most nightmarish things to their neighbors.