If Roe v Wade is overturned

[Marcosdeto]

The new SCOTUS might give the anti abortionists the vote needed to overturn Roe V Wade.
That will be a huge victory for them, but wont mean that the state laws that allow women to abort become unconstitutional or void.
After that, the states legislatures that want to forbade abortion will have to approve laws in that sense
so, do you think any state will do that, and if so, which ones?
I just want to understand the real danger of that decision, i think that what will happen is that some states will impose many prerequisites that will turn almost impossible or at least really hard for a woman to exercise her right

 

[Adisa]

Think Congress would be forced to act.

 

[Pexbo]

Just like any prohibition, it will just end up creating a dangerous black market for it and women will travel to the nearest place they can legally have an abortion or do something unimaginable if their mental health is not in good shape.

 

[Vidyoyo]

Mass exodus to Canada

 

[Marcosdeto]

Just like any prohibition, it will just end up creating a dangerous black market for it and women will travel to the nearest place they can legally have an abortion or do something unimaginable if their mental health is not in good shape.

The way I understand it, Roe v Wade stated that any law prohibiting abortion is unconstitutional because it was against the right of privacy, implicit in the liberty guarantee of the due process clause of the Fourteenth Amendment
If RvW is overturned, it wont mean that abortion is illegal, it will mean that any state would be able to criminalice it.
That`s why i'm asking wich states do you think will pass laws making abortion illegal

 

[Sky1981]

Is that even legal? Overturning decisions?

I thought once the SC decides then that's that, bar any extreme new evidence?

 

[Pexbo]

The way I understand it, Roe v Wade stated that any law prohibiting abortion is unconstitutional because it was against the right of privacy, implicit in the liberty guarantee of the due process clause of the Fourteenth Amendment
If RvW is overturned, it wont mean that abortion is illegal, it will mean that any state would be able to criminalice it.
That`s why i'm asking wich states do you think will pass laws making abortion illegal

Ok so all you want to know is what states we think would seek to criminalise it if they overturn it, rather than what the implications might be?

Literally every deep Red state and some purple states is your answer.

 

[Tiber]

Political courts make my skin crawl.

 

[Jericholyte2]

Is that even legal? Overturning decisions?

I thought once the SC decides then that's that, bar any extreme new evidence?

Appeals can be brought to SC again to overturn decisions I believe.

I don't think the SC would completely out-right overturn it though, it would be far more insidious than that. Amy Coney Barrett (Trump's front-runner) has previously mentioned that she wouldn't overturn Roe v Wade but would have to look at the funding for it. From this my assumption would be that their target would be revoking any state funding for clinics offering abortions, leading to them being available only via private clinics. This would have the same impact as overturning though as a black market would be created as you could easily see states refusing to allow private clinics, meaning people would have to cross (potentially multiple) state lines to go to licensed clinics.

Likewise you could see states then introduce legislation banning people from crossing borders to access these clinics too. Then the question would be which insurance carriers would allow abortions within medical policies?

Absolutely terrifying to think of the implications of this.

 

[Beachryan]

There'll be something poetic about it being a Republican female that will likely be the deciding vote.

 

[Marcosdeto]

Is that even legal? Overturning decisions?

I thought once the SC decides then that's that, bar any extreme new evidence?

I think that is not a matter of evidence but a matter of constitutional law interpretation
and i also think that is legal, and that's what is making so many americans afraid if Trump appoints a new SCOTUS before the elections

 

[Edgar Allan Pillow]

From what I read, Amy (presuming she's the next Justice) will let the precedent stand. She said she would review the issue of public funding for abortions.

Though he might nominate Barbara just for Hispanic votes in election....but then she has no existing known views on this.

Presume GOP will want the judges to explicitly take a position on this during confirmations.

 

[Sky1981]

Appeals can be brought to SC again to overturn decisions I believe.

I don't think the SC would completely out-right overturn it though, it would be far more insidious than that. Amy Coney Barrett (Trump's front-runner) has previously mentioned that she wouldn't overturn Roe v Wade but would have to look at the funding for it. From this my assumption would be that their target would be revoking any state funding for clinics offering abortions, leading to them being available only via private clinics. This would have the same impact as overturning though as a black market would be created as you could easily see states refusing to allow private clinics, meaning people would have to cross (potentially multiple) state lines to go to licensed clinics.

Likewise you could see states then introduce legislation banning people from crossing borders to access these clinics too. Then the question would be which insurance carriers would allow abortions within medical policies?

Absolutely terrifying to think of the implications of this.

Ah. thanks for the info

 

[Snowjoe]

Imagine being more concerned about taking care of a small cluster of cells than an innocent woman being shot by police in her own apartment when they got the address wrong

 

[Jericholyte2]

Imagine being more concerned about taking care of a small cluster of cells than an innocent woman being shot by police in her own apartment when they got the address wrong

Well the gist is that they're pro-life until birth then you're on your fecking own!

 

[Cait Sith]

Imagine being more concerned about taking care of a small cluster of cells than an innocent woman being shot by police in her own apartment when they got the address wrong

It's a war of ideologies. No one cares about the matter itself. Just like Trump, who is in third marriage with an eastern European gold digger prostitute whom he betrayed with a porn star while living the textbook lifestyle of a man-hooker, is the beacon of conservatism now.

So called conservatives would eat shit only for "dem liberuls" to suffer from the bad breath, as someone once eloquently put.

 

[Organic Potatoes]

Appeals can be brought to SC again to overturn decisions I believe.

I don't think the SC would completely out-right overturn it though, it would be far more insidious than that. Amy Coney Barrett (Trump's front-runner) has previously mentioned that she wouldn't overturn Roe v Wade but would have to look at the funding for it. From this my assumption would be that their target would be revoking any state funding for clinics offering abortions, leading to them being available only via private clinics. This would have the same impact as overturning though as a black market would be created as you could easily see states refusing to allow private clinics, meaning people would have to cross (potentially multiple) state lines to go to licensed clinics.

Likewise you could see states then introduce legislation banning people from crossing borders to access these clinics too. Then the question would be which insurance carriers would allow abortions within medical policies?

Absolutely terrifying to think of the implications of this.

Most of this is actually the case for all intents and purposes in deep red states, aside from the banning of crossing into other states for it which is not relevant in this context. They have made it nearly impossible for women to make their own choice, aside from those in the upper class that can afford the travel.

There aren’t really terrifying implications because they’re already happening.

 

[owlo]

Roe isn’t one of the more scary ones on the potential docket. Public opinion is ensconced anyway.

 

[Frosty]

Ginsburg herself said that Roe (in a sense) set back the pro-choice movement, and if the issue had been left to the individual States and political pressure, it is likely that abortion would be legalised through State legislatures in some shape or form across the country.

Justice Blackmun's judgment turned the issue into one where an elite court imposed an unpopular decision over the will of the people, and the Republican Party have been winning elections on this issue for 40 years.

 

[fishfingers15]

If roe vs wade is overturned,marcosdeto will blame the left for losing touch with the real people who need abortion.

 

[Marcosdeto]

If roe vs wade is overturned,marcosdeto will blame the left for losing touch with the real people who need abortion.

i really must have kicked the sensitive idiots nest. They keep coming.

 

[GiddyUp]

i really must have kicked the sensitive idiots nest. They keep coming.

Where you not crying in the trump thread all day because you thought we were bullying you???

 

[Carolina Red]

Is that even legal? Overturning decisions?

I thought once the SC decides then that's that, bar any extreme new evidence?

Totally legal to overturn SCOTUS decisions.

Brown v. Board overturned the rulings of Plessy v. Ferguson, Cumming v. Virginia Board of Education, and Berea College v. Kentucky.

 

[Sky1981]

Totally legal to overturn SCOTUS decisions.

Brown v. Board overturned the rulings of Plessy v. Ferguson, Cumming v. Virginia Board of Education, and Berea College v. Kentucky.

Ah. cheers for that. Learn something new

 

[McGrathsipan]

Is that even legal? Overturning decisions?

I thought once the SC decides then that's that, bar any extreme new evidence?

This is my understanding also.

The new judge can hardly go back and re open the case can they just because they dont agree with the morals? The decision should be a decision based on law anyway not opinions on religious morals.

The USA really is a crackpot country when it comes to politics and leadership.

 

[calodo2003]

This is my understanding also.

The new judge can hardly go back and re open the case can they just because they dont agree with the morals? The decision should be a decision based on law anyway not opinions on religious morals.

The USA really is a crackpot country when it comes to politics and leadership.

We are exceptional.

 

[fishfingers15]

i really must have kicked the sensitive idiots nest. They keep coming.

Better to be a sensitive idiot that a insensitive moron tbf

 

[Carolina Red]

This is my understanding also.

The new judge can hardly go back and re open the case can they just because they dont agree with the morals? The decision should be a decision based on law anyway not opinions on religious morals.

The USA really is a crackpot country when it comes to politics and leadership.

A new case is brought before SCOTUS to review, and if 4 justices grant it a writ of certiorari, the Court can hear the case.

It is uncommon for SCOTUS to overturn previous decisions, but not illegal and not unprecedented.

Ah. cheers for that. Learn something new

You’re very welcome.

 

[Drainy]

Political courts make my skin crawl.

from what I understand, Roe v Wade was a very political decision.

Obviously it was a political decision that most people on here will agree with, but it is still not 'good law' as it doesn't have a solid ground within the constitution from what I gather.

The right to privacy argument seems very flimsy since obviously you do not privacy from the government while committing a 'crime' or prohibited act and of course the government regulates or bans various other industries and the right to privacy doesn't stand there.

Abortion should be legal, but Roe v Wade is likely to be overturned at some point from what I gather. The interest groups should be and I assume already are thinking of other grounds on which the right to an abortion should be allowed under the constitution and consider how to source test cases for when it comes.