Comments on: The Supreme Court system is broken

By: Roy Nathanson

Roy Nathanson — Tue, 22 Sep 2020 23:34:22 +0000

The idea that Roe v. Wade was actually an impediment the evolution of Abortion laws and regulations is an interesting point of veiw that I had never considered.

Thank you.

By: om

om — Tue, 22 Sep 2020 21:04:52 +0000

Art Deco and Mr Bunge:

http://i.imgur.com/wJTZIPB.gif

I agree with Art, it isn’t.

By: Art Deco

Art Deco — Tue, 22 Sep 2020 20:07:08 +0000

The system is fine.

No, it’s not, or your federal appropriations would not consist of ghastly catch-all continuing resolutions. That’s for starters.

By: neo

neo — Tue, 22 Sep 2020 19:16:33 +0000

Dnaxy: Also it's only in recent years that fetuses that small can survive. The law has not kept pace with medicine. What's more, now that ultrasound has advanced so greatly, we get a better idea of what the young fetuses look like in the womb, even as early as 2 or 3 months. They look like tiny little babies even though everything isn't totally formed. See this.

By: Dnaxy

Dnaxy — Tue, 22 Sep 2020 19:06:19 +0000

You can’t allow abortion after 20 weeks of gestation because premies at 20 weeks have about 1-3% chance of surviving. NEJM. This means that if they do a prostaglandin-induced abortion, the fetus has a good chance of being alive and they have to do something to kill it, post delivery. Usually they put it in a box on a shelf someplace and let it die from hypothermia. No one wants the baby because it has usually been aborted often for trisomy 21 (Downs,) or 18 or simply because the mother could not decide what to do. If they do a D&E, dilation and extraction, earlier than 20 weeks, or a D&C in the first trimester, of course the fetus is disrupted and this quandary is avoided but again, if done well into the second trimester. the OB personnel, are not pleased or are even revolted by the large fetal fragments. The Court made a clumsy decision by allowing abortions through the end of the second trimester—26 weeks—and should have restricted the procedure to the first trimester, 13 weeks, just as all the European nations have done, or at most 20 weeks… I don’t think Blackman and SCOTUS had good consultation prior to the decision in RvW. All the states that used to allow it for the sake of the mother’s life, used the 20 week limit.

The problem now is that even talking about RvW is like talking about the collapse of feminine rights and principles and is seen as a slippery slope to hell.
So we have to defend forever a dumb law.

By: om

om — Tue, 22 Sep 2020 18:55:25 +0000

Article V Convention of States. Amend the Constitution to deal with the abuses of the system that have manifested themselves since the 1930s.

But on a more serious note the Ninth Circuit Court of Appeals has resolved the RBG problem:

https://babylonbee.com/news/ninth-circuit-court-overturns-death-of-ruth-bader-ginsburg

By: MBunge

MBunge — Tue, 22 Sep 2020 18:47:59 +0000

“The system we’ve got stinks.”

The system is fine. It could possibly be improved here or there but that’s not the cause of our current distress. Take the Supreme Court as Super Legislature. It’s a terrible way to take care of the public’s business but it has and can be workable.

The problem is that the Left is insisting, and threatening violence to enforce it, that the Right is NEVER allowed to control that Super Legislature. That’s not a systemic issue. That’s a human one.

Mike

By: om

om — Tue, 22 Sep 2020 18:27:45 +0000

Try this process:

Article V Convention of States

https://conventionofstates.com/news/convention-of-states-explained

Parliamentary systems no thank you.

By: om

om — Tue, 22 Sep 2020 18:18:01 +0000

Is there a Journal of Democratic Republics? Parliamentary regimes, like in Great Britain, Canada? I’ll pass on them.

How about Article V Convention of States process to address the areas exploited by the left in their attack on our Democratic Republic? It’s old news but constitutional.

https://conventionofstates.com/news/convention-of-states-explained

By: Art Deco

Art Deco — Tue, 22 Sep 2020 18:01:14 +0000

Art Deco, I am sure that if challenged you could name a system that works better. The Journal of Democracy published an article a number of years ago comparing constitutional systems. It included regressions of economic performance measures. I imagine there's some literature on that and some critiques of method. (That particular article advanced the thesis that parliamentary regimes are preferable). I can think of a dozen different things you might do to improve the political architecture. Of course, you never really know ex ante how things will work out in re any different measure. So many unobserved vectors.