Vice President Kamala Harris commemorated the 50th anniversary of the Roe v. Wade decision by imploring Americans to work to enshrine abortion rights into law.
"For nearly 50 years, Americans relied on the rights that Roe protected," Harris said at a speech delivered in Tallahassee, Fla., on Sunday. "Today, however, on what would have been its 50th anniversary, we speak of the Roe decision in the past tense."
The landmark Supreme Court decision on Jan. 22, 1973, guaranteed the constitutional right to an abortion for nearly half a century. The U.S. Supreme Court officially reversed Roe v. Wade in June, which immediately rolled back abortion rights in almost half of the states, and led to many more restrictions. In speaking in Florida, Harris, the nation's first female vice president, delivered a speech in a state which passed a 15-week abortion ban into law.
Supreme Court overturns Roe v. Wade, ending right to abortion upheld for decades
Reproductive rights in America
Supreme Court overturns Roe v. Wade, ending right to abortion upheld for decades
In her speech, Harris spoke directly to the anti-abortion rights policies implemented by Florida's Republican governor, Ron DeSantis, and state officials.
After the Food and Drug Administration changed a rule to allow retail pharmacies to fill prescriptions for abortion pills, Florida's Agency for Health Care Administration reportedly sent a letter out to pharmacists telling them that dispensing the abortion pill could lead to criminal charges.
"Here, in Florida, health care providers face prison — prison! — for up to five years for simply doing their job," Harris said. "And now the state has also targeted medication abortion, and even threatened Florida pharmacists with criminal charges if they provide medication prescribed by medical professionals."
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50 years after Roe v. Wade, many abortion providers are changing how they do business
National
50 years after Roe v. Wade, many abortion providers are changing how they do business
Harris said the Biden administration would work to expand abortion access. The White House has pointed to executive orders signed last year.
"The right of every woman, in every state, in this country, to make decisions about her own body is on the line," Harris said. "I said it once, and I'll say it again: How dare they?"
President Biden echoed the sentiments on Roe v. Wade's anniversary on Sunday.
"I'll continue to fight to protect a woman's right to choose," Biden said in a statement issued by the White House. "Congress must restore the protections of Roe v. Wade in federal law — it's the only way we can fully secure a woman's right to choose in every state."
Harris concluded the speech by saying that the Biden administration would continue to work to protect abortion rights.
"Know this: President Biden and I agree, and we will never back down," Harris said. "We will not back down. We know this fight will not be won until we secure this right for every American. Congress must pass a bill that protects freedom and liberty."
Abortion rights supporters in Congress have failed in previous efforts to pass abortion rights laws at the federal level when Democrats had majorities in both the House and Senate. With Republicans now in the House majority, any federal abortion rights laws have little chance of passing.
(Monday PO) On 50th anniversary of Roe v. Wade, Kamala Harris urges federal abortion protections
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(Monday PO) On 50th anniversary of Roe v. Wade, Kamala Harris urges federal abortion protections
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Re: (Monday PO) On 50th anniversary of Roe v. Wade, Kamala Harris urges federal abortion protections
There is no way that congress as it sits today passes any amendments. Much less likely one that would be so divisive.
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Re: (Monday PO) On 50th anniversary of Roe v. Wade, Kamala Harris urges federal abortion protections
It doesn't take an amendment necessarily, but I agree that in the next two years there will be no substantial legislation on the abortion issue.
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Re: (Monday PO) On 50th anniversary of Roe v. Wade, Kamala Harris urges federal abortion protections
That's a bit of a complex question that really comes down to the courts. The most recent ruling seems to imply that it would take an amendment and my guess is that this court would hold to that idea. If the court make up were to shift then it might not take an amendment. This really frustrating to me because that is not the role of the court, but here we are.
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Re: (Monday PO) On 50th anniversary of Roe v. Wade, Kamala Harris urges federal abortion protections
It is and it isn't. The role of the federal government including the Supreme Court is to protect the rights of the people in the various states. In many cases, from the tyranny of the majority. In the abortion case, this court ignored all precedent to remove rights a previous court granted based on politics. That's not their roll. Worse, the ruling was mostly influenced by religion, which is prohibited by the Constitution.GuideToACrazyWorld wrote: ↑Mon Jan 23, 2023 3:53 pmThis really frustrating to me because that is not the role of the court, but here we are.
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Re: (Monday PO) On 50th anniversary of Roe v. Wade, Kamala Harris urges federal abortion protections
I think this is correct. What Harris is referring to is codifying Roe v. Wade, which would be done with ordinary legislation. The federal government can pass legislation that preempts state regulation in some instances, but doing so implicates the balance of power between the feds and the states (presumably the legislation here would be premised on the Interstate Commerce Clause), and I suspect that the present court would find that abortion is a states issue. There is the additional problem that the courts have the final say when it comes to Constitutional questions, and having just said that abortion is not a federal Constitutional right I suspect they would not let Congress then go and create the fucntional equivalent of one with ordinary legislation. They would have to amend the Constitution, which takes 2/3 of both houses and 3/4 of the states. Which is a tall order. Interestingly enough though, there might actually be the votes needed to pass an amendment restoring the right to abortion. Fears over using it to support abotion rights helped can the Equal Rights Amendment a while back, but now that Roe has been overruled there are a lot more angry people out there.GuideToACrazyWorld wrote: ↑Mon Jan 23, 2023 3:53 pmThe most recent ruling seems to imply that it would take an amendment and my guess is that this court would hold to that idea.
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Re: (Monday PO) On 50th anniversary of Roe v. Wade, Kamala Harris urges federal abortion protections
An interesting point. The federal government could indeed "regulate" the sale of oral contraceptives including the so-called "abortion pill" through the mail under the commerce clause, and force all states to allow it. I think that would be a novel but not unjustified use of the concept. However I would expect the current crop of activist justices to do back-flips in legal logic to justify their opposition to that. You could also argue under the commerce clause that the federal government has the right to regulate crossing state lines for an abortion. Some states have tried to criminalize a citizen crossing the state border in order to have an abortion.Mysterious Cat wrote: ↑Tue Jan 24, 2023 1:12 am(presumably the legislation here would be premised on the Interstate Commerce Clause)
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Re: (Monday PO) On 50th anniversary of Roe v. Wade, Kamala Harris urges federal abortion protections
The roll of the Supreme court is to clarify the intent of the Constitution. Their role is specifically about the rights of the people per se, but that is what the first 10 amendments to the document are about.Tarmaque wrote: ↑Mon Jan 23, 2023 10:24 pmIt is and it isn't. The role of the federal government including the Supreme Court is to protect the rights of the people in the various states. In many cases, from the tyranny of the majority. In the abortion case, this court ignored all precedent to remove rights a previous court granted based on politics. That's not their roll. Worse, the ruling was mostly influenced by religion, which is prohibited by the Constitution.
The rights were granted based on politics, not the constitution. There is nothing in the Constitution that can be interpreted as a right to privacy, nor is there anything that can be interpreted as the right to any particular medical procedure. One might think it should, in the case of abortion I do, but Roe vs Wade was always a political debate not a Constitutional one. When the court starts ruling based on politics instead of the Constitution we will get swings exactly like this. It can be enshrine as a right and then taken away 100 more times. Tradition might dictate president but there is no formal rule or law that does so.
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Re: (Monday PO) On 50th anniversary of Roe v. Wade, Kamala Harris urges federal abortion protections
I don't think you can do anything around this issue without having a lot of angry people. Which is also why I suspect anything that might actually resolve the issue won't hit the Congressional floor. It seems to me that our legislators have figured out that it's much easier to campaign if you do nothing of any real value or risk. Trying to do anything in regards to this issues is going to cost votes, either way someone were to vote. I don't think the people we currently have in office are willing to take such a risk. I hope I'm wrong, I really do.Mysterious Cat wrote: ↑Tue Jan 24, 2023 1:12 amI think this is correct. What Harris is referring to is codifying Roe v. Wade, which would be done with ordinary legislation. The federal government can pass legislation that preempts state regulation in some instances, but doing so implicates the balance of power between the feds and the states (presumably the legislation here would be premised on the Interstate Commerce Clause), and I suspect that the present court would find that abortion is a states issue. There is the additional problem that the courts have the final say when it comes to Constitutional questions, and having just said that abortion is not a federal Constitutional right I suspect they would not let Congress then go and create the fucntional equivalent of one with ordinary legislation. They would have to amend the Constitution, which takes 2/3 of both houses and 3/4 of the states. Which is a tall order. Interestingly enough though, there might actually be the votes needed to pass an amendment restoring the right to abortion. Fears over using it to support abotion rights helped can the Equal Rights Amendment a while back, but now that Roe has been overruled there are a lot more angry people out there.
As far as interstate commerce I think this clearly gives the federal government a path to defend people who seek abortions in other states, but it would be difficult to make an argument that it gives the federal government to require states to allow abortions with in their boarders. Even if I (or you, and if you do I'd be interested to hear) had such an argument, I doubt it would do much to sway the current court.
PS. I really wish you posted more often. I always enjoy it when you do./
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Re: (Monday PO) On 50th anniversary of Roe v. Wade, Kamala Harris urges federal abortion protections
Seconded.GuideToACrazyWorld wrote: ↑Tue Jan 24, 2023 3:25 amPS. I really wish you posted more often. I always enjoy it when you do./
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Re: (Monday PO) On 50th anniversary of Roe v. Wade, Kamala Harris urges federal abortion protections
Aw shucks. I appreciate it and will try to post more often. I am lazy though. If I was a rapper my stage name would be Lay-Z.GuideToACrazyWorld wrote: ↑Tue Jan 24, 2023 3:25 amPS. I really wish you posted more often. I always enjoy it when you do./
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Re: (Monday PO) On 50th anniversary of Roe v. Wade, Kamala Harris urges federal abortion protections
ThirdedTarmaque wrote: ↑Tue Jan 24, 2023 4:42 amSeconded.GuideToACrazyWorld wrote: ↑Tue Jan 24, 2023 3:25 amPS. I really wish you posted more often. I always enjoy it when you do./