Personhood: DOA

[Midtowner]

The state Supreme Court ruled Monday that a proposed ballot issue that would define a fertilized human egg as a person is unconstitutional.
The vote of the nine-member court was unanimous. They ruled the proposal was “void on its face and it is hereby stricken.”

Read more: http://newsok.com/oklahoma-supreme-court-strikes-down-personhood-proposal/article/3671171#ixzz1tYpNkUow

We have a pretty conservative Court, but this isn't really surprising. The bill was unconstitutional for a myriad of reasons.

[Midtowner]

The ruling:

In re Initiative Petition No. 395, State Question No. 761

ORDER

¶1 Upon consideration of the Protestants' challenge to the legal sufficiency of Initiative Petition No. 395 which proposes to amend the Oklahoma Constitution in the above styled and numbered cause, THE COURT FINDS:

1. The people of Oklahoma have reserved to themselves "the power to propose laws and amendments to the Constitution." Okla. Const. art. 5, § 1.

2. The proposals, however, are subject to the constitutional limitation that "such changes be not repugnant to the Constitution of the United States." Okla. Const. art. 2, § 1.

3. Therefore, "[a] pre-submission determination of the constitutionality of [an] initiative petition is appropriate and necessary where the proposal is facially unconstitutional and is justified when a costly and futile election may be avoided." In re Initiative Petition No. 349, State Question 642, 1992 OK 122, ¶ 16, 838 P.2d 1, 8. In 2009, the Oklahoma Legislature codified that holding. A protest to the legal sufficiency of an initiative petition must now be heard by this Court in advance of a challenge to the numerical sufficiency of the initiative petition. See Okla. Stat. tit. 34, § 8 (2011).

4. The United States Supreme Court has spoken on this issue. The measure is clearly unconstitutional pursuant to Planned Parenthood v. Casey, 505 U.S. 833 (1992). The states are duty bound to follow its interpretation of the law. Twenty years ago, this Court was presented with an initiative which facially conflicted with the Casey decision. This Court held: "The issue of the constitutionality of the initiative petition is governed by the United States Supreme Court's pronouncement in Casey."

5. The only course available to this Court is to follow what the United States Supreme Court, the final arbiter of the United States Constitution has decreed. In re Initiative Petition 349, 1992 OK 122, ¶ 8, 838 P.2d 1, 5.

6. The mandate of Casey is as binding on this Court today as it was twenty years ago. Initiative Petition No. 395 conflicts with Casey and is void on its face and it is hereby ordered stricken.

¶2 IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED, that Initiative Petition No. 395 is void on its face and it is hereby ordered stricken. DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE this 30th day of April, 2012.

/S/CHIEF JUSTICE

ALL JUSTICES CONCUR.

[Chuck Bao]

Thank you Oklahoma Supreme Court for covering our asses!

[KABOOKIE]

I remember when blacks weren't "persons" either. Good times.

[Midtowner]

I remember when blacks weren't "persons" either. Good times.

You're comparing a fertilized egg to a black person?

Yikes.

[cleller]

I purposefully paid no attention to this whole issue, as just the word "personhood" made it seem obvious it was only a way to try and circumvent a US Supreme Court Ruling. Is that fairly accurate?

Why would you waste your time, energy, and breath on a bill that will so obviously be found unconstitutional?

[Midtowner]

I purposefully paid no attention to this whole issue, as just the word "personhood" made it seem obvious it was only a way to try and circumvent a US Supreme Court Ruling. Is that fairly accurate?

Why would you waste your time, energy, and breath on a bill that will so obviously be found unconstitutional?

It was designed to be a wedge issue to place on the ballot. The result would be to get single-issue voters to the poll to draw the line for the (R). Very cynical, I know, but the OKGOP thinks/knows that many (R) voters are stupid.

[SanJoaquinSooner]

Damn. There goes my dependent tax deduction scheme.

[KantoSooner]

No, no SJS; not so fast my friend! I'm setting up a new religion and at least 3/4 of the reason why is the tax bennies. Now, of course, as the High Priest (we refer to the position as 'The Conduit of Truth'), it is MY responsibility to initiate the Pristesses. Sorry, but you were just a tad slow off the ball. On the other hand, the position of 'Lord High Master of the Protocol' is still available and will allow you to create and enforce stupid rules to your heart's content.
You in?

[Ike]

Is it just me, or was that rather fast? Is it common for the SSC to act this fast?

[KantoSooner]

They probably had to due to the issue being included, if passing constitutional muster, on the fall ballot.

[Ike]

Yeah, but I think they still had like a month or so to continue gathering signatures...

[KantoSooner]

I'm speculating. But you're right, the schedule was expedited and they had to have a reason to do so. And it had to be pretty above board. The granting of cert and scheduling of cases is not arbitrary.

[Chuck Bao]

I'm speculating. But you're right, the schedule was expedited and they had to have a reason to do so. And it had to be pretty above board. The granting of cert and scheduling of cases is not arbitrary.

Yeah, I copied this part from Midtowner's post and pasted it on Facebook.


‎"[a] pre-submission determination of the constitutionality of [an] initiative petition is appropriate and necessary where the proposal is facially unconstitutional and is justified when a costly and futile election may be avoided."

Thanks Midtowner for posting the text of the Oklahoma Supreme Court statement. Thankfully, we have the Oklahoma Supreme Court looking out after us.

Besides that, throw those pandering bums in OKC out of office and get in new reps who care and know how improve our state.

[Midtowner]

A protest to the Initiative Petition was filed on 3-29. The Supreme Court then ordered briefs submitted by both sides on 4-20. It ruled 10 days later. Title 34, section 8 of the Oklahoma Statutes allows for a pre-submission determination of the constitutionality of an initiative petition where the proposal is facially unconstitutional and when doing so may avoid a costly election.

The Initiative Petition was found to conflict with Planned Parenthood vs. Casey, which is the [current] final word on abortion rights, thus was found to be invalid and will be invalid in whatever form some legislative body promulgates it ever.

[Ike]

So apparently, the personhood people are going to appeal to SCOTUS. I have a hard time thinking that will work for them.

[olevetonahill]

So Illegal immigrants have more rights than a Baby in the oven
Got it .

[Midtowner]

So apparently, the personhood people are going to appeal to SCOTUS. I have a hard time thinking that will work for them.

If cert is accepted, which it probably won't be, it sets the stage for such personhood bills to be DOA nationally. Fine though... they want their wedge issue gone for good? I'm down with that.

Justice Kennedy has already authored at least one opinion supporting Planned Parenthood v. Casey, which specifically doesn't recognize fetal rights, but merely the power of the state at some point to step in and prevent abortions unless the health of the mother is at risk, so if they want to slam the door shut on this ridiculous law in a public and embarrassing manner, power to 'em!

[Midtowner]

So Illegal immigrants have more rights than a Baby in the oven
Got it .

Yes illegals have more rights than a fetus which cannot survive on its own outside the womb when the mother's health isn't at risk. Try and keep up with current law. Makes sense since the survival of the illegal has nothing to do with imposing on the freedom of someone else.

This whole personhood idea is idiotic. Under such a paradigm, if you've ever had intercourse with a lady on the pill, you're likely a mass murderer as one of the things birth control pills do is prevent fertilized eggs from implanting in the uterus. Also, there are no exceptions here for IVF, ectopic pregnancies, health of the mother, etc. So it's just a really dumb bill.

[KABOOKIE]

Yes illegals have more rights than a fetus which cannot survive on its own outside the womb when the mother's health isn't at risk. Try and keep up with current law. Makes sense since the survival of the illegal has nothing to do with imposing on the freedom of someone else.

This whole personhood idea is idiotic. Under such a paradigm, if you've ever had intercourse with a lady on the pill, you're likely a mass murderer as one of the things birth control pills do is prevent fertilized eggs from implanting in the uterus. Also, there are no exceptions here for IVF, ectopic pregnancies, health of the mother, etc. So it's just a really dumb bill.

One must learn what a fertilized egg is first before you can provide any insight to this topic.

[MsProudSooner]

I purposefully paid no attention to this whole issue, as just the word "personhood" made it seem obvious it was only a way to try and circumvent a US Supreme Court Ruling. Is that fairly accurate?

Why would you waste your time, energy, and breath on a bill that will so obviously be found unconstitutional?

Good question. The same question could be asked about several bills that the numbskulls in our state legislature have passed over the past few years.

[Bourbon St Sooner]

Good question. The same question could be asked about several bills that the numbskulls in our state legislature have passed over the past few years.

If pandering to the folks at home weren't a time-tested sport in politics, then the entire Congressional Black Caucus would have no reason to exist.

[Midtowner]

One must learn what a fertilized egg is first before you can provide any insight to this topic.

A fertilized egg = a fertilized egg. Reading anything more into it opens up philosophical and religious debate.

So you're against birth control then?

[Midtowner]

If pandering to the folks at home weren't a time-tested sport in politics, then the entire Congressional Black Caucus would have no reason to exist.

So because [I'm assuming you think this] the black caucus thinks their constituents are a bunch of numbskulls, you don't mind being treated as such by your own legislators?

[KABOOKIE]

A fertilized egg = a fertilized egg. Reading anything more into it opens up philosophical and religious debate.

So you're against birth control then?

Really? You're argument against shoving a screwdriver into a 3rd trimester fetus is the every sperm is sacred act? Psssst. Birth control PREVENTS a fertilized egg. You're on a whole other level of stupid.

[Midtowner]

Really? You're argument against shoving a screwdriver into a 3rd trimester fetus is the every sperm is sacred act? Psssst. Birth control PREVENTS a fertilized egg. You're on a whole other level of stupid.

It works several ways. Look it up.