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this post was submitted on 04 Jan 2024
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politics
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As long as we have a congress that’s split around the 50/50 line on issues like these, laws will never get passed.
Even if a law got passed, it would get repealed when the other side gets the majority. This needs a constitutional amendment and I really don't see that happening ever.
Or a strong supreme court interpretation that argues that bodily autonomy is a fundamental right and already implied by the 1st, 3rd (if you consider your body to be a house) and 4th amendments (if you consider searching a uterus unreasonable). It is also EXPLICIT in the 5th amendment. Fetuses are not legally considered persons by any jurisdiction (otherwise they could be claimed as dependents) so the life of the person gestating them is protected while the life of the fetus is not. This interpretation is not very popular.
I looked it up this morning re: jurisdictions recognizing fetuses.
At present, Georgia recognizes a fetus as a dependent on state tax returns.
Virginia and Texas are mulling bills to recognize a fetus as a passenger in a carpool lane.
Brandi Bottone sued in Texas over the carpool lane issue in 2022. She succeeded in getting the citation dismissed. I believe she was making this argument to show the stupidity of Texas law, and came out victorious in court because Texas couldn't change course on the narrative.
Anywho, little by little, chip by chip, state legislatures are indeed taking steps to total erosion of bodily autonomy.
As to the notion of a strong supreme court, that's decades away as things presently stand.
Gotta impeach Thomas and nullify the appointments of Barrett, Kavanaugh, and Gorsuch because the president who appointed them was illegitimate. Problem solved!
A constitutional amendment will never occur again, because it is an incredibly high bar to overcome even when the legislative process in the country isn't as dysfunctional.
One party would need a super majority in both houses of Congress, where the bar is 2/3 but you're probably going to need at least ten more than that to prevent the amendment from being scrapped by a contingent of Joe Liebermans.
Then that same party will need a majority in the state legislatures of 38 states to ratify the amendment.
It's just not going to happen.
Could they not have codified it in the ACA?