Question about Roe v. Wade

[Onlooker]

If Roe v. Wade is overturned, what's the likelihood that the right to abortion would be decided by individual states vs. the court ruling that there is no right to abortion? Any idea?

[alcuno]

1. It goes back to pre-existing state laws.

In states where it was legal, it would still be legal. And visa versa. The plan is to overturn Row v. Wade and then pack state legislatures with people to make it illegal in states where it would otherwise be legal.

[El Supremo]

2. It would be like medical marijuana.

Who knows?

[obxhead]

5. Not much like medical Mary J

Many Federal laws were in force before the "medical" arguement came up. Federal law has power over state law, thats why people still get screwed on federal charges in states that allow medical use.
Roe vs wade was decided after states had laws for/against in effect.

[El Supremo]

7. I'm speaking from Colorado.

Our press has told us that our state law will not be superseded by federal law. But what do I know? I haven't tried any weed since about 1970.

[obxhead]

10. I'm sure there is lots of grey area for

lawyers to make a ton of money with, but in the end Federal law always presides over state law.

[Chan790]

3. No way of knowing

until the decision.

Many think It'd revert to states but that strikes me wishful thinking. If the pukes overturn abortion, why wouldn't they rule a full ban? The argument is there that it's an act with ramifications upon interstate commerce. That's all they'd need to take it out of the states' hands.

[Gildor Inglorion]

4. The prohibition of abortion would be just as spectacularly successful

as the prohibition of marijuana. We all know it's impossible to get marijuana anywhere in the USA. Anyway, it's not far to Mexico, Canada, or the "departements" of France in the Caribbean. As our right-wing friends might say, "When abortions are outlawed, only outlaws will have abortions."

[Cary]

6. But they would successfully ban safe abortions.

And we all know that their "culture of life" extends only to the unborn. So according to them, those who are maimed and killed by unsafe, illegal abortions would just be getting what they deserve.

Nice people. Aren't they?

[obxhead]

8. In a way true, but

I think a large % of now silent people on the subject would become very vocal if Roe vs Wad were overturned.
IMO most people that support this decision are silent. It's a losing arguement for either side most times. I myself tend to shy away from this fight, but if Roe vs Wade were overturned you could bet your bottom dollar I would be at the protest rallies every chance I got.

[BillZBubb]

9. Abortion would then fall under state control.

Each state would then make up its own laws regarding legality.

However, if the Court did rule no right to abortion was guaranteed in the US Constitution, the Congress could pass a law making abortion illegal nationally. This would take precedence over any state law. Abortions would then be illegal in every state, no matter what people in the state might want.

Then pro-choice people would need a Democratic president and congress to repeal that law. It could be a long wait.

[DURHAM D]

11. If I recall correctly, three states had already passed laws allowing

abortion prior to the Supreme Court decision. I wonder if those old laws would still be applicable. If those, those states better get ready - they are going to have a lot of visitors.

[Bozvotros]

12. Wait til states get a load of the financial consequences.....

With Medicaid going bankrupt and cutting services in most states, they are going to have fun figuring out how to pay for all the neonatal intensive care for preemies, crack babies and infants born with fetal alchohol syndrome and genetic abnormalities. The average cost for preemies is $79000 now. There are more than a million abortions annually. Lots of those will be born with real problems, many which will require a lifetime of care.

Then there will be the need for more child care centers, orphanages, child care and welfare workers, foster parents, therapists etc etc, to care for unwanted children. How many Republican fundies in the armies of compassion do you imagine will sign up to be free foster parents? About as many as are sending their children to fight in Iraq? Not that many.

No. The states, especially the red states won't want this. Give it a year and they will be offering incentives and cash bonuses for abortions.