No guarantee they will win the referendum
Because the original verdict held that there were other protections inherent in the Constitution. In this circumstance a referendum would not be solely confined to the 8th amendment.
Like yourself, I just caught a snippet in the news. The original decision of the high Court was that the 8th more or less says that the rights of the unborn are equal to that of the born. The government are appealing and claiming that the sent same rights are only applicable once the child is born
Sorry in essence if the original decision is upheld, then we would need multiple referenda to repeal the 8th?
Yeah, that’s it.
It most likely would have led to an interminable court battle to identify the other areas of the constitution where these rights could be interpreted to exist.
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Thanks for that. If it’s upheld then I can’t see the referendum being held in May. Koppinger will go ballistic
Is that really the case? My understanding (admittedly incomplete) was that the other rights would only exist because of the right to life inherent in the eighth amendment. If that is removed and explicitly replaced with a clause saying the oireachtas can legislate for abortion, I would have thought that superseded any potential rights from other articles?
Ah no, I don’t think so.
It could certainly be interpreted that way alright, along with many other ways. The original judgement came from a case of a potential deportee challenging the deportation order by claiming constitutional protection for his children, both born and unborn.
The judgement was unclear about exactly where else in the constitution that other protections existed, It merely recognised and, therefore, temporarily legitimised the concept that they are inherent in the text.
If the State hadn’t appealed we’d be off to a neverending round of litigation on this issue. In fact, I can see this going to the Supreme Court before any notice of referendum forwards.
Unanimous Supreme Court decision that the unborn child has no constitutional rights outside 40.3.3 (8th Amendment). Overturns the HC ruling, but upholds the the practical deportation order considerations decision reached in the HC.
So no issues for the referendum?
The sooner this thing is over the better. Beyond tedious at this stage
Yeah it’s (relatively) straightforward now
This all depends on the wording of what the government propels to replace it if gets a yes vote. That will decide how straightforward it will be
Another headbanger from the Iona Institute on the telly, the tonight show now.
They must have some very powerful connections in the media? Cc @Fagan_ODowd
Broadcasters operating under the stipulation of having to provide a balanced panel for all these debates. Is there some other conservative public body to turn to?
Surely there must be. The Iona Institute are on every single debate, all of them.
The Iona crowd are hardly balanced — they’re fanatics - A western version of the Taliban.
They are seeking to maintain an article in bunracht Na heireann . That was inserted following a referendum . Hardly the taliban regardless of one’s views .
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They will be all out to extend the limits of abortion. But at least they will have to put it in a manifesto
A Rome/state backed referendum that censored the other side and scare-mongered the shit out of highly brain washed population at the time — Would you fuck off. They are religious zealots as bad as anything else out there.