Quote (El1te @ 24 Jun 2022 16:25)
That's not what I meant - I meant that a conservative SC would produce an opinion in favour of a Federal abortion ban
I'm not up in arms about people in California still having abortions let, I'm fine to let them destroy their entire state on their own atleast for a little while
You're right that in the end it would come down to a Supreme Court 10th amendment argument.
Then again, a supermajority can always change the Constitution so who knows what will happen
I don't believe a conservative Supreme Court judge would or in good conscience could support a federal abortion ban law unless the prior requirement of unborn children being classed as citizens was met.
There are a lot of issues here that are pretty terrible to consider that this touches on. There are unborn children who are aborted for some very sensible reasons. No ability to produce skin, missing lungs, major abnormalities that would lead to nothing but torturous pain for the child for the entire term of it's life, short though that may be. Should we be forced to inflict that level of pain on such a child, or is it better to provide them mercy?
In some respects, the Spartan method of disposing of deformed and damaged children was quite merciful to those children. If you start making laws of absolutes, there will always be the exception that proves the horror of your rule.
Hence why decisions such as these should never be made at a Federal level. The federal government is not answerable to you, and will never be. They're the largest, most well-armed gang on the planet, with an annual budget over $6 Trillion these days. Every single encroachment they make into your day to day life, they will fight using every tactic in the book (legal or not) to keep every right they manage to wrest away from both the States and you as an individual.
The part that is typically missed when it comes to the SCOTUS is that they exist as a check on the nearly unbridled capability of the Federal Government to fuck everything up. They did a good job today in righting a nearly 50 year old wrong. Any attempt or discussion of them allowing a federal ban is simply requesting that another wrong be perpetrated by them.