Is abortion legal because we have activist judges?

Question

If you listen to leaders in the church and the Republican Party they claim there is nothing they can do because the courts will not allow your views to be addressed. If this is true it is the fault of the republicans. The Supreme Court has 7 republicans and 2 democrats on the bench, 12 out of 13 Circuit Courts have majority republicans; there are a total of 156 republican judges on these courts and only 96 democrats, that is almost 40% more republicans than democrats. The republicans do not want abortion to be outlawed in the US because it keeps the conservative Christians in their party voting for them based on this one issue. Why would they want anything to change? If abortion is removed from the national political debate the Christians might leave the party. Those Christians that choose their candidate based only on abortion need to demand change from their party not rhetorical speech but no action to change the status quo.

Republicans will fight to allow protest in front of clinics and claim victory when the courts uphold these rights but does that address your concerns. Do you want the right to protest? Ask yourself why when the republicans have been in power four 6 years nothing has changed. When will you understand republicans do not want abortion outlawed so they can control your vote, they have the power to act but have failed to do so. When you want to find fault for court rulings, blame republican politicians, if you place the responsibility at the foot of the bench and the activist judges, blame Republicans, republicans put those judges on the bench.

Republicans will fight to allow protest in front of clinics and claim victory when the courts uphold these rights but does that address your concerns. Do you want the right to protest? Ask yourself why when the republicans have been in power four 6 years nothing has changed. When will you understand republicans do not want abortion outlawed so they can control your vote, they have the power to act but have failed to do so. When you want to find fault for court rulings, blame republican politicians, if you place the responsibility at the foot of the bench and the activist judges, blame Republicans, republicans put those judges on the bench.

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Jbtscam said

You're argument is flawed. While most Republicans argue for making abortion illegal, the party affiliation of those on the Supreme Court has rarely (if ever) given a direct correlation to their voting records.

If a judge rarely if ever follows political ideology then the religious right should not ever say we need a republican in office so he can influence the court. Republicans should never say we need to elect a republican to appoint conservative judges. It is impossible according to Jbtscam. So I want to thank him for proving republicans are using abortion as a political tool, Jbstscam said they can do nothing to change the current legality of abortion.

Answer 1

Abortion is legal because it was never made illegal. When the fledgling AMA was formed and lobbied for regulations making a license necessary to perform medical procedures, they wanted to include delivering babies. That would have been very lucrative, but midwives often performed that service. Midwives also performed abortions. The Catholic church offered to support the AMA on childbirth if it would also put the issue of abortion on the table and take authority over that. The assumption was that abortions would not be performed unless "medically necessary". As a result, midwives were put out of business and licensed doctors took over their duties...and income. Abortion as a medical procedure was never banned.

The Roe vs. Wade case arose because the woman was refused an abortion by an overzealous doctor who then informed the authorities that she was seeking one. The authorities then got a restraining order prohibiting her from having one, and the fight got started. The argument was decided on the basis that nobody had the right to interfere in the doctor/patient relationship as long as a crime wasn't being committed. The bargain between the AMA and the Catholic church was a gentleman's agreement; it never criminalized abortion.

Birth control was thrown into the mix, too. Again, at the behest of the Catholic church. This led to repression for several decades and charges being filed against the nurses who first tried to open birth control clinics. Diaphragms were available, but as prescribed medical devices and their availability was word-of-mouth. Condoms were available over-the-counter, but hidden under the counter.

What's truly shocking about this whole matter is that for so long the Catholic church and conservative Christians were allowed to control the American public as if they had a legal right to do so. THEY DO NOT. The Catholic church is a religious institution that follows an insane policy that practically ensures abandoned children and poverty as a result; witness the current condition of central and south America. Conservative Christians are no less ignorant.

It's essential to smack these people down to the level they belong: religious institutions that one voluntarily belongs to, if one desires that sort of life. Essential, because the next movement on the horizon--Islam--is going to try the same damned thing. If you look at their repressive societies and think of that taking root here, I shouldn't have to explain further.

I am, by the way, both Christian and a Republican. The best thing that could happen to the Republican party is to show conservative Christians the door and tell them not to let it hit them in the as s on the way out.

Answer 2

That may be a current percentage of Republicans now, but those numbers change through the years.

Activist Judges seem to be running rampant these days. There have been cases where a state has voted against same-sex marriages, but ONE JUDGE starts marrying homosexuals (against the law, now). And the sad thing is... no one in power does anything to stop them.

There are many other cases where lone judges (or small groups of judges... sometimes even the Supreme Court) have taken it upon themselves to go against the law and against the will of the people... and no one will stop them. They keep getting away with it. And that is part (I stress part... though a large part) of what is wrong with America today. They are blurring the lines of our laws and rewriting the Constitution to fit their whims.

It has nothing to do with parties. Only the individual opinions of these activist judges.

Answer 3

You're argument is flawed. While most Republicans argue for making abortion illegal, the party affiliation of those on the Supreme Court has rarely (if ever) given a direct correlation to their voting records. Most judges become more liberal when they join the Court.

As for "Roe Vs. Wade," the judges in that case created a fictitious "right to privacy." The word privacy appears nowhere in the Constitution. Your only right is to be secure in your personal papers from unwarranted search and seizure. The judges in Roe vs Wade created a "right to privacy" out of that. They concluded that the "intent" of the framers was to protect ALL privacy.

Of course, there is no evidence this was the case - but some will tell you we have a "living" constitution, where the words mean whatever the people on the USSC want them to mean. That's rubbish too.

So yes, "activist" judges, creating rights that did not exist beforehand and foisting their attitudes on all of us, gave us the Abortion conundrum.

Answer 4

Abortion is legal because the majority of Americans believe it should be, particularly in extreme cases such as rape, or to save the life of the mother.

A more liberal person could ask "Why is homosexuality illegal, even though democrats held office for such-and-such amount of time?" It depends on majority rule. We are a nation by the people and for the people, with seperation of church and state.

Answer 5

I don't know how true this is. but it is true that parties benefit when they don't get what they want and keep fighting for it, because the people who will fight the hardest (or appear to be the hardest fighters) will be elected.

but then agains judges are held to the law. the one conservative judge even said it didn't matter what he believed he was there to uphold the law.
the law is that females can control their own bodies and what is in them, as long as the zygote/embryo/fetus isn't developed enough to be considered 'human life' or 'alive'

Answer 6

I am a Rep-I hope this is not the case. I want to fight against abortion later on in life because I plan on working in Congress.

Answer 7

to answer your *question*, yes, abortion is legal within 8 weeks of pregnancy

Answer 8

No, it's legal because who wants unwanted brats nagging at you and snatching crumbs, draining your funds.
Abortion legal now, abortion legal forever!

Answer 9

I think the Fez is the one for you!