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guido toth
The Wall Street Journal
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Comments by "guido toth" (@guidototh6091) on "First, Abortion: What Other Precedents Are Vulnerable? | WSJ" video.

He was wrong then and the Republican appointees to the Court are wrong now. The Roe court got it right. A decision whether or not to have an abortion is up to the individual, not government.
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@davidlarue39 By taking away a woman's right to decide and handing it to the states the Supreme Court has determined that government has more power than the individual.
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@rs232killer Why do you trust politicians more than individuals when it comes to such a personal decision ?
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@aoisora1445 You have expressed your opinion which is your right. Others can live their lives differently with different opinions. Roe v Wade respected these differences and said government cannot totally criminalize abortion. I'm neither against or for abortion. I believe everyone must decide for themselves and if a woman wants to involve the father, in most cases that is great. But the Dobbs decision takes away the individual's right and hands it over to politicians. So now in Texas if you get raped, you can't get an abortion.
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Republicans think that government should decide about whether a woman gets to have an abortion or not, and not the woman herself.
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@jaimeosbourn3616 The Court said that a woman has no federal constitutional right to have an abortion which means that states can, will and already have made it a crime and banned it.
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@jakenbake9878 The 9th Amendment says the Bill of Rights is not an exclusive list. A lot of rights aren't mentioned in the Constitution, such as the right to send your child to a private school, marry, have children etc. All of these have been recognized under the 14th Amendment due process clause and the 9th Amendments.
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Richard Women should and usually do involve the father in the decision. But it is there right under the law not to for the simple reason it is their body. Even Alito's shameful decision doesn't change that. Republicans think that abortion should be up to government. Roe left that decision to individuals. I have more faith in individuals than government. That is the best democratic process.
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@jakenbake9878 The Alito court, unlike every single Supreme Court since 1973, found that the right to control her own body during pregnancy was not a fundamental right and therefore her views were trumped by the state. Birth control is likely to be next or whatever else the Alito court decides is not "fundamental."
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@jakenbake9878 Oh I didn't ignore your comment and I have done a lot of research on the right of privacy. It isn't complicated at all. In 1973 Supreme Court using tests going back to the 1920s, determined that abortion IS a fundamental right under the 14th Amendment and 9th Amendments. Then Alito court said no, after 49 years. The Alito court said government should decide abortion, not individuals.
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@jaimeosbourn3616 It's not just that I agree with it, or that the majority of Americans agree with it, or that a majority of all justices serving on the Supreme Court from 1973 to 2022 agree with it, but it is sound Constitutional law.
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@jaimeosbourn3616 I never claimed I was an expert in constitutional law. You told me I wasn't competent to give an expert opinion and I told you the basis of my abilities. That and the fact that I've been a lawyer for decades and have argued in many courts regarding constitutional issues including in the US Supreme Court. I think it is very odd that some people think the difficult decision whether or not to have an abortion is not up to the women or the people involved, but to politicians.
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@Mayamax3 That simply isn't true. Read the 9th Amendment and the 14th Amendment.
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From the 1940s until recently, the Court viewed most of the Bill of Rights expansively in order to protect individual rights. The Alito/Thomas Court is narrowing them in many instances and allowing far more government regulation over people.
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Nancy Rocks If all of our rights are God given, than God gave people the right to make decisions about having children free of state interference. Ginsburg fully supported the right of women to have abortions. Her criticism of the case was its timing and the fact that it wasn't decided under the 14th Amendment Equal Protection Clause.
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@UnicornPosse The framers of the Constitution never meant the Bill of Rights to be exclusive. They even said that. They literally said that in the 9th Amendment. An Amendment that makes right wing religious zealots angry but it's there.
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Well said.
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Richard A woman shouldn't have to move in the United States to exercise a fundamental right.
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Richard I've known several, including one who got a cancer diagnosis the same month she found out she was pregnant. She elected to terminate her pregnancy on the advice of her doctors. Another woman I knew found out that the fetus was would severely misformed and would not survive even to full term. She too got an abortion. These women, like every woman, has the right to make this decision. Not the government. A woman can consult who ever she wants but she should never be forced to consult with a politician or a police officer.
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Simple: worry about yourself and stay out of other peoples' business.
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Roe and Casey left the decision up to individuals. Dobbs took away that right and handed it to government. I trust individuals more than government.
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Religious extremists are coming after contraceptives too. Clarence Thomas is holding the door open for them.
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@gingerbread7113 You worry about your body and other people can worry about their own. See how that works?
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I love finding comments like yours and forwarding them on to pro-choice organizations. Your comment helps make the case for why abortion should never be the hands of government and why every women should decide for herself.
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@e-man1634 Stefan is very single.
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@andrewrai5752 He stated it perfectly, actually.
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The Alito decision took away abortion decisions from individuals and handed them politicians.
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@nmiller4085 Interestingly, Alito in his opinion spends a lot of time talking about how, in his view, abortion is unpopular, despite the fact that most Americans didn't want Roe to be overturned.
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@nmiller4085 Notice how Alito misstates history in order to get there. He downplays the common law, fails to mention that women didn't have the right to vote pre 1920 and therefore couldn't oppose these anti abortion statutes, fails to mention that these criminal statues were rarely enforced, fails to mention that states basically allowed abortion by looking the other way, fails to mention that abortion was more common in the 1930s than now, downplays the fact states were moving to decriminalize it pre Roe and then of course totally ignores any acceptance of Roe after it was passed. For the first time in history, the Court has taken away a personal right. Alito knew the consequence of his actions and that abortion would soon be criminalized in many red states. He has argued against abortion rights since he was a young lawyer. He is smart. He had a plan and he achieved it. Now the next court can overturn Dobbs since Alito even downplayed stare decisis.
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Actually abortion was not criminalized in the US in the late 1800s when the Constituion was enacted. The criminal statutes came later.
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@DailyThoughtswithKyle I'm very familiar with Roe, you aren't "breaking" anything to me. The Court recognized that prior to viability the individual's right was far more important than a state's rights. Republicans now think that the state's right is completely dominant, so much so that they can criminalize abortion from the very moment of conception forward.
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@DailyThoughtswithKyle How are any of my statements not entirely truthful? I stand by the accuracy of everything I have written.
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@beantrader4723 You follow your religion and whatever god you obey and stay out of other peoples' lives. Not everyone shares your views. Worry about yourself.
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@guppers8064 The 10 year old who was raped in Ohio and got pregnant and couldn't get an abortion, how was she acting irresponsibly ?
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@guppers8064 That is your opinion. You live the life you want and let others live there's. A lot of women need abortions for a variety of reasons and they don't need to ask your permission.
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@guppers8064 If you don't want an abortion, no one is forcing you to have one. Don't tread on other peoples' decisios, about which you know nothing.
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@rjlacaillade2519 The Court in Roe and Casey recognized that the right to decide on an abortion rested with the PEOPLE not the states OR the federal government. Republicans believe that PEOPLE should not have that individual right but that it belongs to the government, both government in the states and the federal government when it comes to the District of Columbia. The Dobbs decision was the single biggest theft of individual rights in the history of the USSC.
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Actually the people have god given rights according to the framers, not states. Roe recognized the right of the people to decide about abortions for themselves. Dobbs takes that away and gives that power to government.
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@nelson6236 The question is do you let individuals decide that according to their own morals, ethics, and personal circumstances or do you let government decide for her.
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@john_doe_not_found 26 states have or are poised to criminalize abortion in the first trimester, which is when 91% of all abortions take place. That is the result of the Republican party thinking that government should make such decisions, not individuals.
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@kingorange7739 If it is murder, and it isn't, then how would you punish the women who induce abortion by taking medication? That is the way most abortions are performed in the US these days.
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@kingorange7739 Criminal punishment of women who have abortions is something they didn't even do before Roe v. Wade become law. If no punishment, there is no murder. If there is punishment, then Americans maybe will be just shocked enough by such a sharia law that they might get rid of abortion restrictions in red states.
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@kingorange7739 If you want to make America pro choice I encourage you to drum up support for arresting women who have abortions.
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@kingorange7739 Then it isn't murder by your own statement. You call it murder but you aren't prepared to treat the woman as a murderer, as they do in many states with life in prison or even the death penalty.
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@kingorange7739 You can't have it both ways. If you give the woman no punishment or a slap on the wrist then you are admitting it is not murder. And it isn't murder by the way. Never has been.
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The Constitution says nothing about the right to marry, have children, buy birth control, send your kids to private schools and so many other things that are our rights and which have been recognized under the 9th and 14th Amendments.
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@OptimalOwl So you agree then a State can make it a crime for a married couple to use birth control and the married couple has no constitutionnal freedom to use it? Really?
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@OptimalOwl Actually it does violate the Constitution and the court ruled that in 1965. You seem to prefer that government make decisions about birth control. I recognized, like the vast majority of Americans, that it is an individual right. You prefer government, I prefer individuals.
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@OptimalOwl You just said a state can make birth control illegal. You just said the Griswold case, that was ruled on in 1965 is wrong and that if Alabama for instance wants to outlaw condoms, they can. The Constitution recognized in the 9th and 14th Amendments that the Bill of Rights is not an exclusive list. Marriage, bearing children, sending them to private schools, etc are not mentioned in the Constitution but all have been recognized as being rights that the states can't easily interfere with. You seem to think that the Constitution gave people limited rights. It is the other way around. People gave the government limited rights in the Constitution.
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@OptimalOwl Roe and Casey had it right. People can and DO differ about the the morality of abortion but they decide for themselves. We DO recognize that the most fundamental right we have as people is to decide about things like our bodies, our right to have children or not have children. You have the 9th Amendment totally wrong. It was written by the founders to say to government that the right to free speech, right to a jury trial, etc are NOT the only fundamental rights that people have. The whole idea of the Bill of Rights is to protect people from GOVERNMENT.
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Under Roe and Casey individuals had a right to decide on abortion. Under the Dobbs decision, there is no individual right, the right now belongs to government. A big step forward for government, one giant leap backwards for individual rights.
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Roe left it up to the individual. The Republicans believe it should be left up to government.
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@herpderp1750 You have it completely backwards. The Court in Roe and Casey recognized that individuals, not state OR federal governments, should make decisions about abortion. The Alito decision takes this right away from people and hands it to the government.
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@herpderp1750 The Alito court trusts government to make abortion decisions and not individuals. If you love government you will love Alito's Dobbs decision. I trust individuals more.
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@herpderp1750 Your comment is a perfect example of why individuals should make the decision, not government. Because a huge percentage of people disagree with you, you should have no power over their decision making. After all, they don't tell you what to do about abortion.
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You are celebrating taking away the right of black and brown women to have abortions because why? You know what they need more than them?
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@jaimeosbourn3616 26 states, a majority of the states have now banned or about to criminalize abortion. A few of these states have small exceptions, some have almost none. All of them are so arrogant that they know better than the woman. You should worry about keeping your own legs closed and not judge other people.
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@jaimeosbourn3616 I've read the Roe decision, the Casey decision, the Dobbs decision and about 100 other cases involving the right of privacy. So I am very well aware of what the Court has done for the last 60 years with the right of privacy. I'm sure when a new court in a few years reinstates Roe, they will also say that Plessy v Ferguson was the law for 60 years and was wrong and that the Dobbs case is wrong too, as they reinstate Roe.
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@jaimeosbourn3616 Hilarious. I'm sure you would think I was "competent" if I agreed with you but because I don't you claim I'm not competent. You would rather argue about that the defend the fact that Dobbs took away the decision whether to have an abortion from individuals and gave it to the government.
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@wittmoneyman The Bill of Rights is not an exclusive list. Republicans now seem to think it is, which is amusing because they use to claim that rights belong to the people except where the Constitution gives power to the government. With the Dobbs case there is no more individual right to decide on an abortion it is up to the government.
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@jaimeosbourn3616 Oh they do and that is why they are taking that right away and giving it to the government which is exactly why we needed Roe. Government can't be trusted with fundamental rights and that is WHY we have a Bill of Rights.
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Richard The right to marry and have children isn't an enumerated right in the Constitution either. Can a state mandate a one child policy like they had in China ? No.
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Richard Says you. The good thing about the Roe decision was the women could make this decision and not have to follow the dictates of politicians who know better than them.
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Richard The Constitution doesn't limit the rights that people have, it limits the ability of government to take away those rights. Such as the right to marry who you want, the right to use birth control, both for married and unmarried couples, the right to engage in any kind of sexual activity in the privacy of your home, the right whether or not to have an abortion. None are mentioned in the Constitution and all of those rights have, in in the past, been infringed on by the states. The only part of government standing up for those rights was the Court, until now.
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Richard I just listed actual instances where states took away rights and the court overturned their ability. For 100 years the Court has recognized that the list of rights in the Bill of Rights is not exclusive under the 9th and 14th Amendments. Try taking away the right of people to marry who they want, their ability to use birth control, the right of people to decide whether to get an abortion and see the push back. For the first time in history the Court has taken away a right it once recognized and unless stopped, they won't stop. Thomas has already invited challenges to the nearly 60 year old case that prevents states from denying people the right to use birth control. If you love government you will love that. I prefer individual liberty.
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Richard Thomas does. Extremist right wing Christians do, they are already planning on bans for Plan B, IUDs, etc. These people want any birth control banned that, in their minds, goes against God's will. Lots of right wing Republicans are on their side. Point is, if Americans don't have the right to birth control, then the government can do what it wants. The Dobbs decision opened the door for that. That is why I trust individual freedom more than government.
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Richard Unless checked by the Bill of Rights the government will take away as much power as they like. The Alito court agrees that government can control the most fundamental, personnel reproductive decisions people can make. I and most Americans disagree.
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Richard The Constitution by its very words was meant to be expansive in the bill of rights. If not, then the 9th and 14th Amendments have no meaning. Alito and other right wing Catholics on the court have spent their lives fighting against abortion. This decision is just a mechanism for helping outlaw the practice in right wing states. For 49 years a majority of Supreme Court justices said the opposite, most of them appointed by Republican presidents. For the first time in history, the Supreme Court took away an individual right. No wonder the Supreme Court's popularity is plummeting. It will only get worse as long as this extremist religious majority is in power.
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Richard Doubtful. Younger Americans are even more pro-choice than boomers. It is likely in the next decade or two that a new court will throw out Dobbs and return to protecting a woman's right to control her body.
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@OptimalOwl Roe and Casey recognized that every individual has the right to determine whether they need an abortion. The Alito court took that right away and gave it to politicians. I trust individuals more than politicians.
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Anti abortion people should learn that other people, in fact a majority of Americans didn't want Roe and Casey overturned.
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@Lion718 Some of them were, others weren't and one thing they did do is protect individual liberty from government regulation. Alito has turned that on its head.
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The Supreme Court having the final word in Constitutional interpretation is itself not enumerated in the Constitution. Nor is the right to marry, have children, send children to private schools, buy birth control etc.
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Roe said just that, it allowed states to make determinations, based upon science, to limit abortions after the first trimester. This new decision says states can make it illegal from day 1.
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The took the right away from individuals and gave it to politicians.
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Which one? Nancy Reagan was pro choice.
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It is amazing how many Republicans say they don't trust government but would rather government make decisions about abortions instead of individuals.
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If it is murder, and it isn't, and never has been, than how would you punish the women who take medication to induce abortion? After all that is the most common form of abortion in the US.
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When men start carrying babies in their womb that will be a good argument. Until then, no.
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On the contrary, far more Americans didn't want Roe overturned than wanted it overturned.
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@gingerbread7113 Let me know when someone in your family becomes pregnant. That way I can come to your house and give you my opinion on what they should do. See how that works? Worry about yourself.
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Alito and the others actually TOOK the ability of an individual to make an abortion decision away and handed it to government.
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Most Americans wanted Roe v. Wade to remain in place.
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@georgepierson4920 Show me any poll that says a majority of Americans wanted Roe to be overturned. There are none.
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@brianwilliams3837 Roe recognized that individuals have the right to make a decision whether to have an abortion. Dobbs took that right away from individuals and gave it to government. If you like big government, you will love the Dobbs decision. I don't.
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@brianwilliams3837 Dobbs took the decision away from individuals and gave it to government. An American should never have to move to another place to exercise their rights. The Constitution recognized that people have rights and it limits the government from infringing on those rights. It doesn't start with the proposition that individuals only have the rights that government gives them.
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The next court can overturn Dobbs and protect the right to have an abortion. And it is likely to happen too.
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@MySeekingtruth Prior to Dobbs, the decision was up the to the individual based on their own morality, ethics, etc. Now the Supreme Court has put in the decision into the hands of politicians.
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It appears that lots of Republicans want to completely deny abortion to anyone for any reason even in the first trimester with some very narrow exceptions about the life of the mother being in danger. That is why it should be left up to the individual and not government.
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@e-man1634 And he owes child support...
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Abortion law in the UK is far more liberal than the restrictions the 26 Republican states are enacting or have already enacted. There is no comparison.
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More than half of all abortions are non surgical. 91% occur in the first trimester. Facts.
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He personally still is against it, but not as a matter of law for everyone else. Donald Trump said he was pro choice before he suddenly decided to run as a Republican. Look it up.
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@jasonv2323 It is a shame that Republicans are taking away the right of individuals to make abortion decisions and giving that right to politicians.
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@jasonv2323 If it is murder, and it is not, how would you punish the women who induce abortion through medication, which is the most common form of abortion in the US ?
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@jasonv2323 So if she is a "murderer" than it is ok for a state to put her to death like other murderers? What, gas chamber, electrocution? You have the right to that belief but don't impose it on others. You want to actually punish women you don't know because they think differently from you. You actually are suggesting that women who get abortions should be treated as criminals. Even before Roe v Wade no state did that.
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Your opinion, not one shared by many. You run your own life and other people can run their lives and make their own reproductive decisions.
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@ericx6969 What is crazy is how Republicans are taking away the right of people to make abortion decisions and giving that right to government.
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You are forgetting that the 10th Amendment says those powers not delegated to the Federal Government are reserved to the States OR the people. Roe recognized that PEOPLE have the right to make abortion decisions, not the federal government or the states. It is in keeping with the 9th, 10th and 14th Amendments.
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@mbhftw No. The whole purpose of the 10th Amendment was to limit the power of Congress versus the state OR the people. It says nothing about the power of the people versus the state. Roe recognized the power of the people. The Bill of Rights with the 14th Amendment is a limit on the power of the Federal AND State government to take away the rights of the people. The framers of the constitution realized that government has a bad history of taking away these rights and that is exactly what Republican politicians are doing right now with abortion rights now the that Supreme Court has taken away that right. The Bill of Rights and the 14th Amendment were designed to be rights that the PEOPLE have and has nothing to do with state versus federal government power struggles. Even Alito in his decision to overrule Roe didn't base it on the 10th Amendment.
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@1793912 I've never heard anyone with a straight face argue that a state taking away a woman's right to have an abortion and forcing her to give birth is the same as a speed limit. Wow.
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