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Question from Germany to Americans:
A commentator here in Germany said that the current mess about the SCOPUS and Roe v. Wade would not exist if the federal government in Washington had made abortion rights a federal law during the last 50 years.
Is that true ? If yes: why didn't the Clinton or Obama administrations pass such a law when they had a majority in Congress, given the utmost importance of this issue for Democrats and the liberal half of the US ?

Matias 8 May 5
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4 comments

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1

There are significant risks associated with codifying Roe, at least for the past 42 years minimum because they would have had to eliminate the filibuster to do so. Plus, the court could strike down federal law as unconstitutional the same way they can overturn precedent. The only thing that would have been stronger than what we had was a constitutional amendment, but there is a zero percent chance that would ever get ratified...

0

US folks are fairly evenly split pro-choice/anti-abortion.
A Congressional majority is not enough, since it takes 60 Senators (super-majority) to cut-off debate (filibuster) which is inevitable on that subject.

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Depends, but I think not, such a law could be overturned on the basis that it would be unconstitutional. This is an ideological battle not a legal one so the justices looking to overturn abortion rights would not be dissuaded by a legal nicety.

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Matias....we took these rights for granted! We were distracted by other issues and we thought women were safe. HUGE ERROR! Happy, secure people are easily deceived.

@Matias Reid was tied up with ACA for 18 months, BC had Newt's opposition, and Sandra O'Connor (the bitch) allowed Jr to steal FL because she found him cute (read The Nine). I would have put such a bill on the floor to be debated and, likely, shot down. It would have put everyone on record but it wasn't just Dems who hobbled those Dem Admin's.

@LucyLoohoo, or Pam, more easily deceived than happy and secure people are those who are constantly protecting themselves from the scams an unregulated capitalism allows and even encourages.

Please do not so quickly accept responsibility for what a sociopathically-inclined ruling class does.

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