It's been a terrible thing, what you've done.
The fact is that the vast majority of constitutional scholars supported Roe when it was decided, supported Roe. And... this idea that they were all against it is just ridiculous.
Biden argues that abortion rights should be protected at the federal level, emphasizing the importance of preserving women's healthcare choices and the risks of leaving such decisions entirely to individual states. While his concerns about potential restrictions on abortion access are valid, his arguments sometimes rely on exaggerated scenarios and mischaracterizations of his opponent's stated positions, weakening the logical strength of his overall case.
1. straw man • Biden asserts that Trump would sign a hypothetical Bill from Congress that bans abortion nationwide as early as six weeks in pregnancy, despite that Trump has stated repeatedly that he opposes a nationwide ban.
What's he going to do, in fact, if - if the MAGA Republicans - he gets elected and the MAGA Republicans control of the Congress and they pass a universal ban on abortion, period, across the board, at six weeks, or seven, or eight or ten weeks, something very, very conservative. Is he going to sign that bill? I'll veto it. He'll sign it.
Taken at face value, this is a straightforward case of the straw man fallacy from Biden -- misrepresenting an opponent's position to make it easier to attack. But does Biden have ground to stand on, considering Trump's history of evolving positions? We make the following considerations:
However, it's important to note:
In conclusion, while Trump's history of changing positions does lend some credence to Biden's cynicism, it doesn't fully justify the specific claim he made. It adds nuance to our evaluation but doesn't entirely eliminate the logical issues in Biden's straw man statement.
2. appeal to tradition • Biden argues that Roe v. Wade was correct because it was the law for 51 years and supported by some constitutional scholars.
For 51 years, that was the law. Fifty-one years, Constitutional Scholarship said it was the right way to go. Fifty-one years, and it was taken away because this guy put very conservative members on the Supreme Court.
This argument suggests that because Roe v. Wade was law for a long time, it should continue to be the law. It relies on tradition and unnamed scholars as a justification, but neither of these make it logically or ethically correct.
3. questionable analogy • Biden compares turning abortion rights back to the states with turning civil rights back to the states.
The idea that states are able to do this is a little like saying, we're going to turn civil rights back to the states. Let each state have a different rule.
While both involve individual rights, the legal, historical, and social contexts of abortion rights and civil rights are quite different. There are significant differences between civil rights and abortion rights that make Biden's analogy questionable. Here are some key distinctions:
4. red herring and straw man with appeal to emotion • Biden uses emotionally charged examples of rape victims to argue his point, which appeals more to emotion than pure logic, and ignores that Trump supports abortion rights for rape victims.
But here's the deal, there's a lot of young women who are being raped by their - by their in-laws, by their - by their spouses, brothers and sisters, by - just - it's just - it's just ridiculous. And they can do nothing about it.
By emphasizing rape victims when Trump had already stated he supports exceptions for rape, Biden is constructing a straw man argument. He's attacking a position that Trump didn't actually take in this debate, making it easier to argue against. Biden misrepresents Trump's position by implying Trump wants to completely ban abortion in all cases, when Trump stated he supports exceptions for rape, incest, and cases where the mother's life is in jeopardy.
This could also be considered a red herring. By focusing on rape victims when Trump had already addressed this exception, Biden is potentially diverting attention from the points of actual disagreement between their positions.
As previously mentioned, this is still an appeal to emotion, using a sensitive topic to evoke an emotional response rather than addressing the logical merits of the argument. This example demonstrates how multiple logical fallacies can overlap in a single argument. Biden's statement about rape victims could be classified as a straw man, a red herring, and an emotional appeal simultaneously, depending on how we analyze it.
Note that there being one or more apparent fallacies in the arguments presented in this article does not mean that every argument the arguer made was fallacious, nor does it mean there are not other arguments in existence for the same or similar position that are logically valid. Also note that checking for fallacies is not the same as verification of the premises the arguer starts from, such as facts that the arguer asserts or principles that the arguer assumes as the foundation for constructing arguments. For more about this, see our 'What is Fallacy Checking?'
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