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SCOTUS Rulings from New York, Maine, and the Dobbs case on Abortion
SCOTUS Rulings from New York, Maine, and the Dobbs case on Abortion
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Length:
94 minutes
Released:
Jun 27, 2022
Format:
Podcast episode
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Co-Hosts: Adam Sommer, Rachel Parker, Sean DillerAdam's OpenTalkin' PoliticsSUPREME COURT TERM ENDINGDOBBS V. JACKSON - STATES CAN MAKE ABORTION ILLEGALMissouri is first in the nation: https://www.newsweek.com/missouri-bans-all-abortions-minutes-after-scotus-ruling-overturning-roe-1718967Josh Hawley Wants You To Move Out: https://www.kansascity.com/news/politics-government/article262849238.htmlWhat is a “D&C”https://www.hopkinsmedicine.org/health/treatment-tests-and-therapies/dilation-and-curettage-d-and-cMissouri statute Sec. 1.205: Life Begins At Conception, unborn have protectable interests in life, health, and well-being, natural parents have protectable interest in the life, health and well being of unborn child - those are real actual words in missouri lawUnborn child is defined to include all unborn children or the offspring of human being from the moment of conception until birth at every stage of biological development MO Stat, Sec. 188.015 defines abortion, 188.017 makes them illegal, updated June 24, 2022"Conception", the fertilization of the ovum of a female by a sperm of a male;Notwithstanding any other provision of law to the contrary, no abortion shall be performed or induced upon a woman, except in cases of medical emergency. Any person who knowingly performs or induces an abortion of an unborn child in violation of this subsection shall be guilty of a class B felony, as well as subject to suspension or revocation of his or her professional license by his or her professional licensing board. A woman upon whom an abortion is performed or induced in violation of this subsection shall not be prosecuted for a conspiracy to violate the provisions of this subsection. 3. It shall be an affirmative defense for any person alleged to have violated the provisions of subsection 2 of this section that the person performed or induced an abortion because of a medical emergency. The defendant shall have the burden of persuasion that the defense is more probably true than not."Medical emergency", a condition which, based on reasonable medical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert the death of the pregnant woman or for which a delay will create a serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman;THOMAS’S CONCURRANCE: “For that reason, in future cases, we should reconsider all of this Court’s substantive due process precedents, including: Griswold - contraceptive useLawrence - right to engage in private sexual acts (same sex)Obergefell - marriage equalityhttps://www.scotusblog.com/case-files/cases/dobbs-v-jackson-womens-health-organization/MAINE - PUBLIC MONEY TO RELIGIOUS SCHOOLShttps://www.scotusblog.com/case-files/cases/carson-v-makin/Holding: Maine’s “nonsectarian” requirement for otherwise generally available tuition assistance payments to parents who live in school districts that do not operate a secondary school of their own violates the free exercise clause of the First Amendment.Actual opinion: https://www.supremecourt.gov/opinions/21pdf/20-1088_dbfi.pdfMaine residents in places with schools that don’t provide secondary education can use tuition assistance for kids to attend other schools - previously could NOT use that money for religious schoolsRuling is that it violates the free exercise clauseAllows for use of public funds for religious instructionThe Free Exercise Clause of the First Amendment protects against “indirect coercion or penalties on the free exercise of religion, not just outright prohibitions.”Missouri case Trinity Lutheran v. Comer about using public money for playground equipment in 2017The “unremarkable” principles applied in Trinity Lutheran and Espinoza suffice to resolve this case. Maine offers its citizens a benefit: tuition assistance payments for any family whose school district does not provide a public secondary school. Just like
Released:
Jun 27, 2022
Format:
Podcast episode
Titles in the series (100)
The Delta, Ep.9: That Music Teacher: Nicholas Linke (host) asks music teacher Chelsea Otten (guest) to share her story about the argument she made at a school board meeting about masks to keep students out of quarantine... and the shaming response she received from her own Missouri representative.1. Nicholas gives his reaction to how scientific arguments in papers that require citations compare to attacks on the disregarded anonymous.2. Chelsea Otten tells her story about how being "That Music Teacher" to her own representative made her want to speak out. by The Heartland POD