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Iowa Supreme Court says abortion rights aren't protected by state constitution

By HatetheSwamp
June 17, 2022 12:23 pm
Category: Government

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Iowa's Supreme Court ruled Friday that abortion rights are not protected by the state constitution, a move that paves the way for lawmakers to ban abortions in the state.

Understand. This decision doesn't outlaw abortion. It does, however, empower the people and their legislature, freely to regulate abortion.


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Comments on "Iowa Supreme Court says abortion rights aren't protected by state constitution":

  1. by Curt_Anderson on June 17, 2022 12:45 pm
    The Iowa constitution also does not protect or even address the right to bear arms. It also doesn't address the right to drive a car, grow corn, tap dance or sing Gilbert and Sullivan ditties.

    See link to the Iowa constitution below in PDF form or Google it yourself.
    legis.iowa.gov


  2. by HatetheSwamp on June 17, 2022 12:54 pm

    There is that pesky Second Amendment of the US Constitution, eh?

    In Pennsylvania, in the oral part of the driver's test, the first question is, "In Pennsylvania, is driving a right or a privilege." If the examinee responds, "Right," s/he is in deep doodoo.



  3. by Curt_Anderson on June 17, 2022 1:05 pm
    Yes, and regards to abortion SCOTUS decided that it was protected by the 14th Amendment and its "right to privacy. It is widely understood that the Constitution means what a particular Supreme Court says it means. Also The Supremacy Clause in the US Constitution explains that federal law always trumps state law.


  4. by HatetheSwamp on June 17, 2022 1:12 pm

    Clearly, the Iowa Court got a little ahead of itself.


  5. by oldedude on June 17, 2022 9:55 pm
    "The Iowa constitution also does not protect or even address the right to bear arms."
    There is no discussion regarding the constitutionality of that federal right. Ergo, it is a right not covered by the 9th amendment.
    Abortion is not an enumerated right. Generally falling under "happiness" clause is not a legal argument. I know Curt hates when I actually bring up the law, but I don't live in a fantasy land. If you don't like it, change the law (or constitution in this case, it's been done before).
    "The Ninth Amendment of the United States Constitution states that the federal government doesn't own the rights that are not listed in the Constitution, but instead, they belong to citizens. This means the rights that are specified in the Constitution are not the only ones people should be limited to." (https://constitutionus.com). Sorry Curt, I was too lazy to quote IAW standards.
    The 9th amendment is the one that sheep choose to forget about the most often. It's the amendment that gives the US it's difference from the countries that kept up with their monarchy style laws. Don't like it, I'm sure Mexico or Venezuela would take you. That is the "constitution" you envision.


  6. by Curt_Anderson on June 17, 2022 10:43 pm
    OD,
    Yes, abortion is not an enumerated right. As per the 9th: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Many activities are not enumerated rights. We do have a right to privacy.

    Unlike other constitutions, ours is generally not a list of do's and don'ts for citizens. An exception being the 18th until the 21st ended Prohibition. Ours places limits on the government not the people. So the statement that abortion rights aren't protected by the Iowa constitution doesn't mean a lot. For the moment federal law has supremacy in regards to abortion restrictions. Of course it may if the SCOTUS does what we all think it will do and limits the meaning of the "right to privacy".

    It is interesting that some of the same people who don't place much stock in a woman's right to privacy regarding abortion are quick to cite their own HIPAA right to privacy regarding their COVID vaccination status.


  7. by oldedude on June 18, 2022 4:56 pm
    In the brief leaked from SCOTUS, the right to privacy wasn't mentioned. It was strictly held that the law was an overreach of the federal government, and fell under the 9th amendment.

    Right to privacy doesn't hold in many instances. If you beat your spouse in the privacy of your home, it's not covered. The same with dealing drugs, or abusing a child. Over and over again, there is a limited right to privacy.

    In the comparison of abortion v COVID shots. The ratio of murder v abortions is a 1:1 ratio. Pro life folks feel it is murder to have an abortion, not just a medical procedure. Some feel that to be true any time post fertilization. My thought is that many of the states (now the onus is on the state) will use the European guidelines (as Donna pointed out) to make their laws. I think the biggest issue is that this is a core value on both sides.


  8. by Curt_Anderson on June 18, 2022 5:31 pm
    "Right to privacy doesn't hold in many instances." -OD

    Agreed.

    None of our constitutional rights: speech, bearing arms, religion, alcohol drinking, etc. "hold in many instances". All have limits; usually commonsense limits.


  9. by HatetheSwamp on June 18, 2022 5:50 pm

    "But pb, but pb, rights are not absolute!"

    Thing is: those First and Second Amendment rights are spelled out specifically. Eh?


  10. by oldedude on June 19, 2022 7:42 pm
    "None of our constitutional rights: speech, bearing arms, religion, alcohol drinking, etc. "hold in many instances". All have limits; usually commonsense limits."

    Actually, only the second amendment has the term "Shall." Ergo, it's an absolute.

    Does that mean I disagree with some of the issues? There are several things talked about from the GOP side, which was passed by the Senate and has been on little nancy's in box for two months.

    1 Red Flag Laws. If you fix the due process part, I agree.
    2. Why are we criminalizing something guaranteed in our constitution?

    My issue is the leftist sheep are bleating after legal gun ownership.

    There are ~393 million guns in the US, with 44% of households legally owning according to PEW, 2021. The issue is NOT with known gun owners. The issue is gang on gang crime and it's collateral murders. That is about 99.7% of gun deaths. IF what the sheep tell us is that all gun owners kill people, we would have almost 400 million gun deaths per year.


  11. by Donna on June 19, 2022 10:35 pm
    "Ergo". Who used to use that word?


    You're Indy, right? Indy and olde dude left at the same time. I'll bet that you two have been the same guy all along! Wow, that was a good one. You really had me fooled.


  12. by HatetheSwamp on June 20, 2022 3:55 am

    There are ~393 million guns in the US, with 44% of households legally owning according to PEW, 2021. The issue is NOT with known gun owners. The issue is gang on gang crime and it's collateral murders. That is about 99.7% of gun deaths.

    Bingo, OD.

    The real problem that we have now is that progressives, like the ones here, want to seize power and infringe on individual liberty. One lesson learned from Covid is that Blue MAGAs want to control everyone's life. If you give an inch, they'll demand a mile. And, getting back that inch is d@mn hard.


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