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Breaking... US Supreme Court overturns Roe v Wade

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  • Registered Users Posts: 23,695 ✭✭✭✭One eyed Jack



    Let me be very clear then: a young girl or woman is raped, becomes pregnant, and because the doctors determine there is no medical need to terminate the pregnancy, they will not comply with the patients request to have a termination, if it is left up to them and not defined in law. 

    So, the rapist has successfully chosen the mother of their children. It's a very straight line from one to the other. 

    Right, so you’ve assumed the conclusion to your own hypothetical argument, instead of allowing for the possibility that medical professionals in those circumstances would agree with the patient and proceed with a termination? I just wouldn’t assume the same conclusion as hypothetical circumstances rarely reflect reality.


    This is a separate point from whether the rapist is subsequently punished through the judicial system, the victim is still inseminated. If the mother's only option is to push herself to the brink of suicide etc. to get the rape pregnancy terminated, thereby putting the victim through more senseless suffering and mental anguish, then the system you've suggested where these issues are not codified in law is senselessly cruel. 

    As it stands, medical professionals are under no obligation to perform a termination of the pregnancy, regardless of the circumstances in which it came about. Again you’re assuming and adding circumstances to the hypothetical scenario that weren’t present in your original question. You simply asked what regarding rapes, incest? Medical professionals tend to take their ethical code seriously, they’re not in the business of torturing patients.


    Speaking of "I'm lost as to how you got from one to the other there," I'm unclear how you got here, as if what I said wasn't inclusive of the possibility a rape victim can also choose to carry the pregnancy to term.

    The rape and incest argument has always been heavily relied upon by pro-choice lobbyists, because they know the public’s revulsion of both those phenomena, it motivates people toward supporting abortion, when in reality, in the US at least, among the reasons given for abortions, rape and incest amount to about 1% and 0.5% respectively. I wasn’t sure where you were going with it when you initially asked what regarding rape, incest? And then declared that the circumstances couldn’t be declared a medical necessity. I’d leave that determination to the medical professionals tasked with evaluating the patient tbh, without the extra complexity of the 14 years or 12 week limit which could sway them towards being reluctant to treat the patient effectively.



  • Registered Users Posts: 81,890 ✭✭✭✭Overheal


    Right, so you’ve assumed the conclusion to your own hypothetical argument, instead of allowing for the possibility that medical professionals in those circumstances would agree with the patient and proceed with a termination? I just wouldn’t assume the same conclusion as hypothetical circumstances rarely reflect reality.

    These are not hypotheticals.

    What MEDICAL reason would they have to terminate the pregnancy?

    The rape and incest argument has always been heavily relied upon by pro-choice lobbyists, because they know the public’s revulsion of both those phenomena, it motivates people toward supporting abortion, when in reality, in the US at least, among the reasons given for abortions, rape and incest amount to about 1% and 0.5% respectively.

    I didn't ask you how common it currently is, I don't see how that is an adequate dismissal for needing a framework for both within the law.



  • Registered Users Posts: 23,695 ✭✭✭✭One eyed Jack



    These are not hypotheticals

    What MEDICAL reason would they have to terminate the pregnancy?

    Did the doctors involved in that particular case determine there was no medical need to terminate the pregnancy?


    I didn't ask you how common it currently is, I don't see how that is an adequate dismissal for needing a framework for both within the law.

    No medical professional is going to be able to undo the circumstances under which the pregnancy came about, so the requirement in law that a termination of the pregnancy is only permissible in cases of rape or incest isn’t necessary.



  • Site Banned Posts: 12,341 ✭✭✭✭Faugheen


    Are we still talking about the reasons why women would seek a termination?

    It’s between a woman and her doctor. Everyone else should mind their own business.

    Most importantly, if you don’t want an abortion, then don’t have one.



  • Registered Users Posts: 3,986 ✭✭✭Sudden Valley


    So those in the 1% to .05% category rape/ incest victims you have made clear you dont want them to be allowed to have an abortion- even if it would only result in a small number. Im not sure why you are bringing doctors into this ethical conundrum at all - the doctors would follow the law. The abortion laws you favour punishes these women further.



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  • Registered Users Posts: 81,890 ✭✭✭✭Overheal


    Did the doctors involved in that particular case determine there was no medical need to terminate the pregnancy?

    So, you cannot think of a medical reason.

    An Ohio state law went into effect in July 2019 which makes abortion illegal after embryonic cardiac activity can be detected, which usually develops between five or six weeks after conception. No exceptions are made for "hard cases" such as rape, incest, or a fetus determined to possibly have Down syndrome. The only "hard case" exception, according to ORC 2919.193(B),[10] is a medical emergency, defined in 2919.16(F) & (K): "serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman."[11] This does not include potential bodily damage to the woman's mental health.

    Included in this law, ORC 2919.198, is a section called "Immunity of pregnant woman." This section overrides penalties for pregnant women who undertake an abortion after embryonic cardiac activity has been detected.[12] This release of penalties does not extend to physicians or doctors who administers the abortion past detectable cardiac activity.

    https://en.wikipedia.org/wiki/Abortion_in_Ohio

    No medical professional is going to be able to undo the circumstances under which the pregnancy came about, so the requirement in law that a termination of the pregnancy is only permissible in cases of rape or incest isn’t necessary.

    Therefore, under your framework, rapists get to pick the mother of their children.



  • Registered Users Posts: 23,695 ✭✭✭✭One eyed Jack



    You’ve definitely picked that up wrong. I’m not interested in the question of whether victims of rape or incest specifically are deserving of an abortion, there are far greater issues involved in those circumstances than their being used as a hypothetical ‘gotcha’ to promote abortion as an individual right in law.

    The reason I bring doctors into it is because they are recognised as having the medical training necessary to ensure abortions are carried out safely, and records are kept for oversight, accountability and policy design purposes.



  • Registered Users Posts: 3,986 ✭✭✭Sudden Valley


    Far greater issues involved? perhaps for you. I see now your main concern is abortion pills or wanting to prevent any means of abortion under the guise of caring about the wellbeing of women.

    You know what would prevent the use of abortion pills? Allowing doctors to perform abortions. Make it legal. Women would always choose the safer options for abortion.



  • Registered Users Posts: 81,890 ✭✭✭✭Overheal


    These are not hypotheticals. If they are a gotcha to you, that is a problem with the stability of your position.



  • Registered Users Posts: 23,695 ✭✭✭✭One eyed Jack



    So, you cannot think of a medical reason.


    This was your original proposition-

    Let me be very clear then: a young girl or woman is raped, becomes pregnant, and because the doctors determine there is no medical need to terminate the pregnancy, they will not comply with the patients request to have a termination, if it is left up to them and not defined in law. 

    The case you presented, did the doctors determine there was no medical need to terminate the pregnancy?


    Therefore, under your framework, rapists get to pick the mother of their children.

    The framework I’ve suggested has nothing to do with rapists ‘picking the mother of their children’.



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  • Registered Users Posts: 81,890 ✭✭✭✭Overheal


    The framework I’ve suggested has nothing to do with rapists ‘picking the mother of their children’.

    Under your framework, however, the loophole exists, despite whatever your intention.



  • Registered Users Posts: 23,695 ✭✭✭✭One eyed Jack



    That’s not a loophole you have there, it’s a distraction. That same ‘loophole’ only exists because of a previous violation of existing laws prohibiting rape and incest. Nothing to do with legislation relating to abortion.



  • Registered Users Posts: 81,890 ✭✭✭✭Overheal


    Delusional. It is inseparable from abortion rights. I'm sorry that little girl going through so much is such a distraction.



  • Registered Users Posts: 23,695 ✭✭✭✭One eyed Jack



    Delusional would be if I were to entertain the premise of your ill-conceived argument, which you’re now supplanting with the suggestion that the case you presented fits your previous hypothetical argument, when it’s quite clear it doesn’t -

    Let me be very clear then: a young girl or woman is raped, becomes pregnant, and because the doctors determine there is no medical need to terminate the pregnancy, they will not comply with the patients request to have a termination, if it is left up to them and not defined in law. 


    Which is why I asked you the question -

    The case you presented, did the doctors determine there was no medical need to terminate the pregnancy?

    It’s fine btw, I don’t need an answer, I’ll leave your last comment under the barrel where it belongs.



  • Registered Users Posts: 81,890 ✭✭✭✭Overheal


    I don't know why you are repeatedly asking

    The case you presented, did the doctors determine there was no medical need to terminate the pregnancy?

    I provided the answer to your question: their determination wasn't even a legal avenue. 'No exceptions are made for "hard cases" such as rape, incest, or a fetus determined to possibly have Down syndrome. '

    I’ll leave your last comment under the barrel where it belongs.

    You can put it right there with your hypothetical distraction clap.



  • Registered Users Posts: 3,986 ✭✭✭Sudden Valley


    Would you allow abortion in cases of threats of Suicide from the woman?



  • Registered Users Posts: 23,695 ✭✭✭✭One eyed Jack



    The reason I asked was because you presented that case in support of your previous argument that because doctors determine there is no medical need to terminate the pregnancy, they will not comply with the patient’s request to have a termination, if it is left up to them and not defined in law.

    The whole reason the doctor who went public gave for going public in that particular case was because it wasn’t left up to the doctor who decided a termination was medically necessary - they couldn’t proceed because it’s prohibited in law! It’s why they had to send the girl for a termination of the pregnancy in another State. The doctors involved came to the opposite conclusion than the one you were originally suggesting.

    It’s why I don’t like hypotheticals in any case, precisely because they’re rarely a reflection of reality.



  • Registered Users Posts: 23,695 ✭✭✭✭One eyed Jack



    Me personally? I wouldn’t be interested in asking any woman for their reasons. For their own safety though, I’d recommend they see a registered medical professional.



  • Registered Users Posts: 16,467 ✭✭✭✭astrofool


    Would you vote for a law that allows abortion in cases of threats of Suicide from the woman?



  • Registered Users Posts: 23,695 ✭✭✭✭One eyed Jack



    No, I wouldn’t, because it’s bad law. It’s the kind of piecemeal legislation we’ve been offered over the last 50 years when it’s not the real issue. In practice who do you imagine would have to make that assessment in the first place? A GP. And because of the threat of prosecution, 90% of GPs don’t want anything to do with a case where a woman is seeking a termination of her pregnancy -

    https://www.irishexaminer.com/news/arid-40860620.html

    Cut out the BS terms and conditions in law under which a termination of the pregnancy is permissible, and allow for medical professionals to practice medicine without the threat of a prosecution in those circumstances. That way, the threat of suicide doesn’t even arise, because it’s not necessary in order to avail of a termination of the pregnancy.



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  • Registered Users Posts: 16,467 ✭✭✭✭astrofool


    So you would vote to allow medical professionals to perform the determination understanding that they will recommend abortion in a number of cases and that they can't be prosecuted for that recommendation or for performing the follow up procedure.



  • Registered Users Posts: 23,695 ✭✭✭✭One eyed Jack



    I wouldn’t have to vote on anything? A referendum wouldn’t be required to change existing legislation. Politicians could make the legislative changes required if they wanted to, instead of pretending they’ve done Irish society a favour by granting women limited rights under which they may be eligible for a termination of the pregnancy, with no means to be able to fully exercise that right because medical professionals are keen to avoid the issue rather than risk the adverse consequences for themselves, and little support after they exercise their limited rights, in spite of the decision in ABC v Ireland over 10 years ago.

    Obviously that won’t apply in the US, but the principle is still the same - medical professionals practice medicine, politicians do politics and propose changes to legislation. It would mean that women wouldn’t have to rely on ordering abortion pills online that they have no idea what’s in them when it’s some unqualified idiot is distributing them from their bedroom after importing them from Kazakhstan and India for $5 a pill, selling them on for $500 a pill, or fake abortion clinics, or medical professionals unwilling to practice medicine because of the potential legal liability they have to bear.



  • Registered Users Posts: 16,467 ✭✭✭✭astrofool


    Would you be in favor of legislation to allow medical professionals to perform the determination understanding that they will recommend abortion in a number of cases and that they can't be prosecuted for that recommendation or for performing the follow up procedure.

    You did say you would stop doing this type of avoidance IIRC.



  • Registered Users Posts: 3,986 ✭✭✭Sudden Valley


    So you want no restrictions on medical professional with regard to providing abortions? So no legal repercussions, for example, to a doctor who performs a late stage abortion of 35 weeks, in cases where the health of the mother is not in danger?



  • Registered Users Posts: 23,695 ✭✭✭✭One eyed Jack



    That’s not the question you asked. I answered the question you asked directly -


    So you would vote to allow medical professionals to perform the determination understanding that they will recommend abortion in a number of cases and that they can't be prosecuted for that recommendation or for performing the follow up procedure.

    I wouldn’t have to vote on anything? A referendum wouldn’t be required to change existing legislation. Politicians could make the legislative changes required if they wanted to, instead of pretending they’ve done Irish society a favour by granting women limited rights under which they may be eligible for a termination of the pregnancy, with no means to be able to fully exercise that right because medical professionals are keen to avoid the issue rather than risk the adverse consequences for themselves, and little support after they exercise their limited rights, in spite of the decision in ABC v Ireland over 10 years ago.


    You don’t remember correctly because I wouldn’t claim I would stop doing something I wasn’t doing in the first place.

    What are you driving at anyway with your question? I’m guessing there’s a point you want to make that I’m missing?



  • Registered Users Posts: 23,695 ✭✭✭✭One eyed Jack



    There might still be legal repercussions in the hypothetical scenario you’re describing, for example:

    https://amp.theguardian.com/world/2021/jun/23/irish-couple-to-receive-damages-over-advice-that-led-to-unnecessary-abortion

    But the threat of a civil or criminal prosecution is far less likely, and it doesn’t mean that medical professionals couldn’t be held accountable for their actions in any case. They still have a code of ethics and guidelines from oversight bodies in their profession that they must adhere to.



  • Registered Users Posts: 3,986 ✭✭✭Sudden Valley


    To clarify the question was more directed to what your opinion on what the law should be in that case, or shouldnt be. You have said repeatedly that medical professionals should practice medicine without the threat of legal liability but that could lead to pro-abortions' doctors performing abortions without any sort of restraint and anti-abortion doctors providing none.

    Im not sure what code of ethics exist regarding abortions in Ireland, outside of complying with the law of the land and also not putting the patients health at risk.



  • Registered Users Posts: 23,695 ✭✭✭✭One eyed Jack



    ‘Twas more without the threat of a criminal prosecution, they pay for insurance which is intended to cover legal liability already, and I’ve already made the point that their professional ethics acts as a constraint against the more eager types you may be referring to who put their politics above their professional obligations.

    The Irish Medical Council, they’d be one of the more widely recognised professional bodies in medicine, issued new ethical guidelines following the changes in Irish legislation in 2018 -

    https://www.irishtimes.com/news/ireland/irish-news/doctors-issued-with-new-ethical-guidelines-on-providing-abortion-1.4002566


    They would likely issue a new version if legislation related to the practice of medicine were revised again. That seems unlikely though as far as Leo, a former medical professional himself, is concerned -

    The review group, which was chaired by barrister Marie O'Shea, recommends changes to existing legislation and operational changes.

    It has also recommended removal of a criminal sanction against any GP who acts outside the specific circumstances laid out in law.

    Under existing legislation, this is punishable by a 14-year prison term.

    Mr Varadkar said: "It won't be the case that the Government is going to sign-off on any legislative changes, that's not going to happen."

    https://www.rte.ie/news/politics/2023/0421/1378311-politics-abortion/



  • Registered Users Posts: 81,890 ✭✭✭✭Overheal


    Alito just comes right out and states plainly that Congress can make no law to regulate the Supreme Court

    The power has gone to his **** head.

    “I know this is a controversial view, but I’m willing to say it: No provision in the Constitution gives them the authority to regulate the Supreme Court—period.”



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  • Registered Users Posts: 23,695 ✭✭✭✭One eyed Jack



    Speaking in the context of Democrats efforts to impose a code of ethics on the Court -

    The ethics legislation in Congress is unlikely to become law, as Republicans have heavily opposed the Democratic attempts to impose a code of ethics on the court, characterizing it as a partisan campaign against the conservative-leaning court as punishment for issuing rulings that Democrats don’t like. 

    https://www.forbes.com/sites/alisondurkee/2023/07/28/supreme-court-justice-alito-slams-congress-efforts-to-impose-code-of-ethics-on-court/amp/


    Alito’s declaration and those like it which allude to invincibility always remind me of the downfall of Macbeth who imagined himself to be invincible based upon the idea that no man born of woman could harm him. He clearly hadn’t thought that through 😂



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