Dear Editor,
So, what happened yesterday when the SCOTUS overturned Roe AND Casey? The "AND" is important because THAT is what prompted a review of Roe. The short answer for us here in Iowa is that . . . NOTHING happened . . . not a single solitary thing changed . . . nothing . . . zilch . . . nada . . .
At a national level it's more complicated. First - the Constitution was reaffirmed. Second, the nature of our government - a Republic with democratically elected leaders living together in a Union of States was reinforced.
And finally, political power was returned to the people of this country.
If you have not taken time, please, take the time to read Justice Alito's decision for the Majority. It's clear, easily understood and the real meat is contained within the first 8 pages. Regardless of your feelings about the outcome - facts matter. Take the time to learn the facts.
The issue at the center was NOT Roe V Wade but Rove V Wade AND Planned Parenthood of Southeastern Pa. v. Casey which were used to justify challenging Mississippi's "Gestational Age Act". The 5th Circuit Affirmed the right to an abortion - because of Wade AND Casey - which elevated the case to the Supreme Court. Here is the Mississippi Gestational Act found on page 1 of the Court's decision."
"Page 1: Mississippi's Gestational Age Act provides that "[e]xcept in a medical emergency or in the case of a severe fetal abnormality, a person shall not intentionally or knowingly perform . . . or induce an abortion of an unborn human being if the probable gestational age of the unborn hu[1]man being has been determined to be greater than fifteen (15) weeks."
This forced the SCOTUS to do a deeper dive on both Roe and Casey and their ultimate finding is also on page 1.
"Page 1: "Held"
Held: The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives."
There follows over 70 pages of supporting material for this decision.
It means that the SCOTUS finds that Abortion is NOT an enumerated right implicit in the Constitution. The Constitution is very clear what happens in that event. It's defined by the 10th Amendment.
"Amendment 10 - Powers of the States and People. Ratified 12/15/1791. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
Meaning, in this case, that abortion is legal and is to be defined by the individual states and NOT the federal government.
As for the fear mongering that this will apply to birth control pills, morning after pills or gay marriage(???????) . . . the SCOTUS also clearly addressed this as well on page 7.
"Page 7: Mid-Page
The Court emphasizes that this decision concerns the constitutional right to abortion and no other right. Nothing in this opinion should be understood to cast doubt on precedents that do not concern abortion. Pp. 63-66."
So . . . one more time . . . what happened yesterday in Iowa concerning the right of a woman to get an abortion? Nothing. Zip. Zero. Nada.
On a national level, the power to control abortion is now returned to the individuals within each state. And they seem to run the gamut. Missouri for example will only permit abortion in the case of a medical emergency. In Iowa it remains legal up until the fetus is 20 weeks old. In Colorado abortion would be legal up to the moment of birth. Bottom line, we, as citizens can now determine what parameters surround abortion in our own individual states. If we don't like them, we can travel to a state that meets our criteria and have an abortion done there. Or, we can replace the legislators with ones more to our liking during the next election cycle and change the state law.
Bill Keller
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Sounds very much like a woman’s right to contraception and marriage equality will be next.
I don’t know why anyone would trust anything put forth by this court. Afterall, a few of them lied before congress and under oath to get their job. Gorsuch was a stolen seat, lied about precedent and so did Kavanaugh. Don’t ask me…ask a few Republican senators.
We have all watched the Republicans and Mitch McConnel change the rules to suit their agenda with regard to seating justices on the court. Maybe in years to come, woman, who no longer have as many rights as you do, won’t even be allowed to vote. We will just be at home barefoot and pregnant.
I submit the following:
To our many readers: Greetings and salutations:
It may have been a while since we have read these amendments (if ever), but I ask you to dwell on the word Person. If a court of law ever judged an unborn to be a person then all the guarantees of the Constitution and its Amendments would apply. But as you probably are aware they did not go that far, and probably never will. However, that is not to say that a STATE Legislature could not. Not saying it would happen, because I think we are too far down the road of infanticide. I listened to Mark Stein last eve - he stated that the pro-choice Democrats would if they could legalize partial birth abortions - again - which means right up until birth - that fits the definition of (infanticide) murder. I am a pro-lifer; I make no apology for that stance. For I, like any human - have enough sins on my soul already, but one I will never have is killing an unborn human baby or financing those who do!. May God be merciful, may those who have had this procedure ask for forgiveness -- we know that what is asked will be granted - perhaps not immediate, but there is mercy and forgiveness in all our futures.
As the majority opinion summed - the decision is now given to the people and their elected representative. Abortion is not illegal in the states that provide it, but all have the authority to restrict or abolish.
Regards,
John
5th Amendment to the U. S. Constitution
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
14th Amendment to U. S. Constitution
Section 1
All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Quoting Jurisprudence, Black's Law Dictionary correctly reads: “So far as legal theory is concerned, a person is any being whom the law regards as capable of rights or duties.”Jun 25, 2019
We know they would rather let a woman die than allow her to have an abortion. They overwhelmingly don't support social services for poor kids. A woman's body is more regulated than a gun. I just read a meme that said it well. "Our government is bold enough to force a woman or a young child to have a child but too weak to ensure that child makes it to recess alive."
It makes a huge difference if you are a man or a woman in this country. You can't be for government mandated pregnancy and personal freedom at the same time. A woman's freedoms are being taken away.
If this was really about babies republicans would be willing to take care of the babies after they are born instead of cutting all the programs because if you want to acknowledge it or not this will affect "poor women" the most. If this was really about babies republicans would be concerned about the pregnant woman and helping her get through whatever she is facing. She is evidently going through something that is causing her to want an abortion. I have heard a republican comment that women use abortion for birth control and that is the most ridiculous statement ever. Making the decision to have an abortion is the hardest decision a woman ever has to make. This is not about babies, it is about power and control. Which rights will be next. Justice Thomas seems to think same sex marriage and contraception should be next. Of course, he never said a thing about "interracial marriage."
The best way to control abortions is by making birth control available to all women. Poor women are again left out. Abortions declined after Obamacare was approved until people started fighting it for religious reasons. The Catholic
religion controls the SCOTUS even though there is supposed to be a separation of church and state. I don't believe for a second that their religion didn't come into play.
For anyone to say nothing has changed in Iowa you should pay attention. Reynolds and the republican Iowa legislature will make sure it does change ASAP. If the republicans regain control of the House, Senate and Presidency they will make it nation wide, guaranteed. This is only the beginning of republicans trying to control women like they used to years ago. You men are in for a hell of a fight. We will not willingly give up our rights.
Norma Gould
Our inalienable rights as humans were agreed to in the Bill of Rights. These are natural rights simply because you, as a human, are suckin’ air.
Finally, for all remaining perceived and real rights and powers, in the 10th Amendment we agreed that all powers not granted specifically by the Constitution to the Government were reserved for the State and the People.
50 years ago, an all white male and very liberal SCOTUS fabricated the “right” to abortion out of whole cloth. It was a political finding. There was no supporting evidence contained in the Constitution, case law, old English law, nor in our traditions as a nation. This has been commented on over and over and over by legal scholars in the years since – even including RBG – and has been used as a political bludgeon in every election since 1972. It is probably one of the most destructive rulings short of Dred Scott in our nation’s history.
The most diverse SCOTUS, both racially and by gender, was forced to revisit Roe v Wade because of the findings of the 5th Circuit and their dealings with Mississippi. And they righted a wrong, corrected an error and found that there was no inalienable right to abortion and that decisions regarding that must be returned to the states and the people as stated by the 10th Amendment. That, and that alone, is why laws regarding EVERYTHING vary from state to state. You – Darrin Lindsey – now have a direct say, as do all Iowans, in the conduct of abortion within Iowa.
I see you also went right to the old . . . “Yeah, but if your kid – or granddaughter – or what ever were raped, you’d feel differently!!!” And then you threw in Texas for good measure. It seems apparent you didn’t take the time to do any research prior to your scenario though – color me surprised. You might find an article written by Texas Tribune on June 24 of this year regarding the current Texas laws surrounding abortion. It seems that birth control and the “morning after” pill are legally available in Texas. The administration of the “morning after” pill is a common medical response to a rape, and I certainly would not counsel my daughter or granddaughter or niece against its use.
There is also NO LAW that forbids travel to another state for an abortion. Even Colorado is available so that just a moment before final delivery and abortionist can jam a suction tube into the brain of a child and suck it out and then just cut it into pieces for an easier extraction. So, there’s that and I would counsel against that.
If she hid her pregnancy until her physical dimensions could not hide it anymore, I would do my best to muster all the love I could for this child as well as for the child she is carrying. I believe with all my heart that we are born with a purpose. The child she is carrying has a purpose, has a reason, has a soul . . . and deserves to be born.
Would it be tough – yep. But I would give her all the strength I could to persevere. And should she decide that she simply could not survive the birth of the child, I would still love and support her through an abortion.
As for the rapist himself – in Texas there are three different levels of rape. They are Sexual Assault: 2nd degree felony, 2-20 years, $10,000 in fines. Next is Aggravated Sexual Assault: 1st degree felony, 5-99 years, $10,000 in fines. For these two rape types I would assure my daughter, granddaughter, niece that we would make sure they went to trial and received the maximum sentence. Should they complete their sentence and be released while I’m still living, I would meet with them and make my peace with them. I’m quite confident that they would be so remorseful that sometime following our meeting they would take a quiet walk in the woods and commit suicide. Yep, pretty darn sure of that.
The third type of rape is Indecency with A Child: this is sexual contact with the child with the purpose of arousal. This can be either a 2nd or 3rd degree felony and carries a $10,000. If convicted, I would again seek to make my peace with this young man and encourage him to spend some quiet time in the wilderness pondering his misdeeds. It’d be unfortunate if he suffered a fall and broke the bones in his arms and legs. I’d caution that he should be careful on his walk.
Abortion should never be easy. It should never be used for birth control. And it has gotten out of hand, period. Did you know that more black children are killed by abortion than are born in NYC?? It breaks my heart. If the left would have been content with the “Hastert Amendment” – with the words of Bill Clinton – that abortion should be legal, safe and rare – we would not be at this point. Yet the left were not satisfied and pushed partial birth abortions, abortions at the term of the pregnancy, heck the former (note the word former) Governor of Virginia approved of the child being born, kept comfortable and then allowing the doctor and the mother to decide then whether to kill the child.
This SCOTUS has returned this particular power to the people and the states, where is has always belonged. From Washington State and Seattle where rape is no longer considered a crime worth arresting the criminal to Missouri where the health of the mother is the only consideration, we are a diverse people with varying ideals and morays. If the citizens do not like their state laws, they can use the democratic process, change their legislators, and change the laws. Each state is a member of our Republic and each can choose for themselves – as the Founders meant it to be.
I suspect you haven’t read the text – but you might find it enlightening.
There is a legislative option – A bill could me introduced in the congress to formally legalize abortion. That was Biden’s suggestion – federalize it. I suspect it won’t be because politicos typically don’t want to take on the tough issues and the fabrication of a “right” in 1972 has been their “out” ever since and a tremendous political bludgeon.
As for the 14th Amendment being open for review – yep, it is – as are all of them. You want to make this all about emotion – it’s not. The “Lady of Justice” is blindfolded – meaning justice is “objective”. It doesn’t care about your statice, beauty, position, wealth, color . . . it concerns itself with facts. Period. The 14th survived legislatures, courts and finally the ratification of 2/3 of the states. If those on the left want to add an amendment regarding abortion – the path is clear and well defined . . . and open to all. Go for it! Roe V Wade was a fabrication by a very leftist court. The lesson here??
Play by the rules laid down by the Constitution. Not the result you want??? Tough, we are still a Republic and will remain so until our entire nation has been dumbed down enough to believe we actually are a Democracy and everything is decided by plebiscite. Then we’ll fade like Rome and Greece – a short lived experiment killed by the laze and uneducated.
The ”right to choose” is not “at the mercy of the state legislature” – it’s where it properly belongs according to the Constitution, in the hands of the people. No one ever said governing a country or a state wasn’t messy.
Neither is it tyrannical. And currently the options for a woman to choose from run the gamut – they are all available to her. The choice is truly hers.
More to the point, it takes a very disturbed state of mind to weigh the lives of some against the rights of everyone. That is Socialism folks, that thing the right accuses the left of. It's Nazi-inspired Socialism, and it is inherently evil.
That sounds an awful lot like "My thoughts and prayers are with you." How much would we support our taxes being raised so that women forced to be mothers are given a minimal amount of care, including medical assistance, baby formula, therapy. For how many years would this assistance apply? Will we provide the necessary educational materials "forced existence" students need to have for school, college aid grants for "forced existence?"
The Constitution and Bill of Rights are pretty clear that there are some issues that are beyond the scope of the states. Life, liberty and the pursuit of happiness, for example. As another, there's a reason the lawfulness of slavery is not decided state to state, or the ability for women to vote.
With this ruling, the court is saying that every state has its own right to determine the level of dignity and respect a woman is entitled to. So much for life, liberty, and the pursuit of happiness. This is an issue of a foundational principle of what it means to be American, not Iowa or Texan or Californian. Putting such a fundamental principle into the purview of the states weakens the country as a whole, makes it less clear what being American means, and makes it more clear that being a "Real American" means being disrespectful and divisive.
This is one of the more shameful moments in the history of the country. A moment where we had something right, and turned it wrong.
There absolutely was a right, and most of the justices on the court said it was settled law in their confirmation hearings. But when they got together as a group, hmmm, suddenly it's not so settled any more.
Norma Gould
While you both make claims this forum is controlled by men with loud voices, it's clear to me the opposite is true.
Every time John posts a comment, it is always followed by some ignorant comment spewed out like venom by the select few. It's always the same hate speech against Trump, Trump supporters and when that isn't enough, the hatred for Republicans and men in general comes out. Norma, you tend to lead the pack with this speech. Not every comment John or anyone else posts is a personal attack on you or about you.
Most of the time it is clear you have not taken the time to educate yourself to the facts. You just automatically spew out the same criticism every time. Men, Republicans and even Trump are not your sworn enemy. For whatever reason (known only to you) You sure give the impression you think they are..
Kind regards...
I have the right to comment if I so choose. You are not in charge of what I believe and by the way I don't watch the View but if I did it would be none of your business.
At this point I feel like trump and his republicans are my enemy. They put the wealthy people first ahead of the working people, taking abortion rights away, making it harder to vote etc etc etc. They are not looking out for women, the working people, or immigrants.
I have never felt like comments were a personal attack on me. I don't know how you come up with these hair brained ideas. You think I am ignorant and uneducated. Have I ever accused you of that? What I post is the truth. If you listened to a station other than Fox you might find out what is really going on in this country.
Are you watching the hearings on TV? Lots of republicans testifying under oath. You could be hearing a lot of truth about your party if you watched.
Bill, yes Texas says an abortion is legal as long as a woman gets it before she even knows she is pregnant. You have to be really really quick, like 6 weeks and many women don't know they are pregnant till then. Then consider a woman with children, working and trying to get time off from work and children taken care of. republicans know just what they are doing, only problem is republicans and men in general have no idea how a woman's body works but they sure do like to regulate it.
This country will not fade unless we are ruled by a dictator. We came very close.
Norma Gould
Again, can I please ask the moderator to reject such comments as this? They clearly violate the established rules here.
Please list the facts you think people should become informed of.
We are still very close.
If a woman is willing to enter a sexual relationship with a male partner and she knows her body . . . she is fully aware of how babies are born. She has a choice – to say yes or no. If she was raped – fully another matter – I would support the death penalty for rapists. But if she does so willingly . . . SHE IS RESPONSIBLE FOR THE OUTCOME. Period. And . . . the fellow she had the encounter with IS RESPONSIBLE FOR THE OUTCOME. Not me. Not you. Not anyone else. JUST THE COUPLE. If She wakes up next to a stranger . . . and understands that she has made a mistake . . . I would support her trek to the pharmacist.
Of course, raising a child is work, it’s hard, it’s time consuming - welcome to the real world. But the rewards of seeing a child grow, get married, have their own children, find success in the world . . . I can’t think of anything more rewarding.
As for dictatorial actions of a president . . . Yep, I’ve seen them too. Shutting down pipelines, closing coal mines, closing access to oil fields, opening the borders allowing over 3 MILLION illegals in over the past 2 years, gutting the stock market and folk’s retirement plans, forcing experimental vaccines on a populace, gutting the military . . . aw heck . . . the list is too long. And I also agree . . . as a result of the President’s actions, our nation is, indeed, fading.
One final thought. The first phrase out of many women’s mouths of late is . . . “My body, My choice”. They might want to keep in mind that with that ability to choose comes the responsibility of dealing with the results of their choices.
Again, as my former partner had printed on his mirror . . . “You are looking at the answer!” And that’s as it should be . . .
Did Roe provide women with federal protection for abortion? If yes, then, wrongly or rightly decided, it granted the legal right to women to make their own choice. That seems pretty clear to me then that there was a right given. Please don’t attempt to educate me on the case, the constitution or anything else. I am perfectly capable. I understand what the court hung their hat on in this decision.
I have read some of your past comments on this page on this very subject. So I think I understand your position. Here is mine. I choose to be more concerned for living children and families. I trust women to make the right decision for themselves and their health and trust there would be god’s grace and forgiveness when and if needed. I respect a woman’s right to privacy and her right to control her own destiny. I believe that no woman decides on abortion lightly or lives with that choice easily. I refuse to judge. I believe women are entitled to the same freedoms as men, meaning that no government, state or federal, should interfere with their reproductive freedoms or healthcare decisions.
This political decision by a completely politicized court puts women at risk in many ways and poor women most of all. Long term it creates social issues we aren’t prepared to handle. Those social issues will manifest themselves years from now when most of us expressing our opinions here are dead and gone. I hope our children can do better than we have.
Of course, the whole point of this discussion is to remove the ability to choose.
If a man is willing to enter a sexual relationship with a female partner and he knows her body . . . he is fully aware of how babies are born. "
Just gonna end it there.
Trump is no longer the President. I never agreed with his name calling and I found it to be un-presidential. Having said that, his policies were great for our economy and they put America first. What we have now is a President who doesn't appear to know what planet he is on most of the time and his policies do nothing positive for this country.
For the majority of the most important issues, he has no policies for. He requires cue cards to know where to sit and what chair to sit in. The man barely has the ability to put intelligent thought into words.
"Would it be tough – yep. But I would give her all the strength I could to persevere."
Gee, thanks for all the support. I'm sure every woman will appreciate all you have sacrificed for her and her child.
Now, it's YOU that needs to familiarize yourself with the Texas law. It states that anyone seeking, and receiving an abortion out of state, along with anyone assisting in any way, can be sued by any Texas citizen, for the amount of $10,000.
Also, my autism makes it difficult to focus on specific subjects. But, when I bring up specific examples of issues, in my comments, it seems that you and Steigelmeyer have an even tougher time having to understand parallel issues from the subject of your writings.
In fact, here is the lead paragraph from the "Fort Worth Star Telegram" dated June 25, 2022 . . .
"Access to abortions in Texas is blocked now that the U.S. Supreme Court overturned Roe v. Wade — the 1973 decision guaranteeing Americans the right to an abortion. The only recourse women will have is to find a clinic across state lines in Colorado, Nevada and New Mexico. Here is a list of clinics that still provide abortion care:"
It then goes on to list 25 abortion clinics in the surrounding states complete with addresses and phone numbers.
Always willing to be wrong here Darin, just tell me the statue and paragraph and I'll change my mind.