Miscellaneous And Off Topic Subjects

[Jeff Buchanan]

The easiest way to answer the question, DSL, is to say that the Court struck down the Clean Power Plan rule. But, fundamentally, yes -- the issue was the generation-shifting. It's one thing to regulate emissions. It's an entirely different thing to tell power plants what type of energy they need to produce. That's the kind of question -- the kind of MAJOR question we'd expect Congress to address. And they did not.

And, as I noted, the EPA withdrew the rule. Albeit it was DJT's EPA.

....... and worth noting, Judge Merriwhether of the 3rd District Court of Middle FL wrote similarly in his opinion granting an injunction of the CDC's "No-Sail- Order," (paraphrased), it is one thing to regulate maritime traffic by requiring a declaration of "free pratique" (the right to bring your vessel into a US port) after demonstrating it's crew, passengers, cargo are free of infectious disease. It is another thing entirely to bar the operation of cruise ships in North American ports because of a perceived risk of spreading SARS2.

It so happens that maritime law actually explains in detail (some of it written in difficult to understand language dating back to the early 1700s) the steps a vessel's captain must take to obtain a declaration of "free pratigue." So, at some point in the past, unlike a Congress that did not address a "MAJOR question" involving authority granted to the EPA, Congress did address how to grant "free pratique' - another example of a "MAJOR question" for the CDC. Note that Congress DID NOT specifically grant the CDC the authority to deny "free pratique." Only to follow the steps Congress laid out to grant it.

[Dr. Strangelove]

Meanwhile the bill being considered in South Carolina would make it illegal to transport a woman to another state for an abortion AND would make it a possible felony to provide a woman with information about where she can have an abortions

South Carolina lawmakers propose outright abortion ban | wltx.com

[Tom W]

Looks like the people of South Carolina should get out and vote- or at least contact their respective legislators.

Now, again, what exactly has Biden done right in the last 18 months?

[THE_WIZARD_]

:::crickets chirping:::

[Hannibal]

Meanwhile the bill being considered in South Carolina would make it illegal to transport a woman to another state for an abortion AND would make it a possible felony to provide a woman with information about where she can have an abortions

South Carolina lawmakers propose outright abortion ban | wltx.com

I expect these to be challenged in court since it’s a state regulating interstate commerce.

[iam416]

Yeah, I'd be shocked if these were constitutional. I mean, it's identical to Ohio saying to its citizens that you can't buy and shoot off fireworks in Georgia. That's not the way it works. That's not the way it's EVER worked.

I said it was going to take some time for this whole issue to settle out. And this is part of it. But by the end of the next 2-3 years I'd expect the US to have abortion access that largely follows global convention. There were will be some exceptions due to federalism where, e.g., you have virtually zero access OR you can kill your baby minutes before giving birth. But, by and large things will settle...

[AlabamAlum]

They really don’t care if it’s constitutional. It will back people off of providing services for these women until it’s challenged in court and gone through the appellate process and that can be a number of years.

[Jeff Buchanan]

Well the South Carolina stuff is absurd. I've been a pro-choice advocate for decades - for at least as long as I can remember the debatable issues. My position is not swayed by arguments involving appeals to the fetus is a "'person" at conception or any time you might prefer after that, therefore abortion is murder. I can agree with the position that a fetus is a person at some gestational point (13 weeks seems about right to me).

The Catholic church's position on legitimacy of killing a life form (based on the Sixth Commandment) is vastly different than, say, the Jewish view, among others. This leads me to believe that a driving force behind any US courts’ position that abortion should be unlawful are invidious, idiosyncratic religious influences on the interpretation of the law. I'd suggest the Freedom of Religion Clause of the 1st A specifically bars legal intervention into practice, whether legislative or by judicial fiat.

In simple terms, The 1st A (either Freedom of Religion Clause or Rights to privacy of a choice of religion Clause) and 9th A (protects a fundamental right to privacy in ways not provided for in the first eight amendments) trumps multiple arguments by the State based on different criteria that a duty to protect the fetus is implied based on the concept of religiously or otherwise defined “morality” or “natural law.”

Not hard ..... other than understanding what the US Constitution says. It's pretty clear that is hard for a lot of folks.

Edit: I probably didn't need to state my position as it invites unproductive argument from those that won't agree with me and are convinced their positions are as right as mine is. Talent's post on this is way better.

[Obi-Jon]

What's interesting is where you get the text of the 6th Commandment. From the ancient Hebrew it's 'Thou shalt not murder". From the King James Bible (derived from the ancient Greek) it's "Thou shalt not kill."

So how to interpret? Originalism, textualism, or "I'm in power so its what I goddam say it is." ?

[AlabamAlum]

What's interesting is where you get the text of the 6th Commandment. From the ancient Hebrew it's 'Thou shalt not murder". From the King James Bible (derived from the ancient Greek) it's "Thou shalt not kill."

So how to interpret? Originalism, textualism, or "I'm in power so its what I goddam say it is." ?

Not quite, Jon.

The original Hebrew said עִבְרִית מִקְרָאִית, which roughly translated means, “Thou SHALL kill Wiz.

[Dr. Strangelove]

https://www.cnbc.com/2022/07/01/trump-media-company-subpoenaed-in-federal-criminal-probe-of-spac-deal.html

[AlabamAlum]

Shaddup

[THE_WIZARD_]

EFZ

[Dr. Strangelove]

A) Stifle
B) STFU
C) Silencio
D) Thy visage offends me, boor. Begone

[THE_WIZARD_]

ferme ta gueule