Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: peyton randolph
My guess is that the the U.S. Supremes overturn Roe by '07

Is it possible that SCOTUS could return large portions of Roe back to the States (i.e. parental consent,informed consent, waiting periods etc.) while at the same time insisting that abortion itself is still a right?

23 posted on 07/31/2005 6:13:28 PM PDT by Tom Bombadil
[ Post Reply | Private Reply | To 21 | View Replies ]


To: Tom Bombadil
Is it possible that SCOTUS could return large portions of Roe back to the States (i.e. parental consent,informed consent, waiting periods etc.) while at the same time insisting that abortion itself is still a right?

Possible. If in the interest of federalism, they defer to the states by overturning Roe, little will change substantially. Only a couple states will have outright bans (Utah?)...the rest will be a mix of permitting all types (California and the New England states) and some restrictions, such as those you mentioned, will be enacted in the South and Midwest.

The issue they've been ducking is whether abortion is a right because it is nowhere to be found in the Constitution...even by leftist inference as a 'living document.' Currently, the majority on the high court holds their noses and pretends that the Constitution says something that it does not. Judicial jujitsu requires them to imagine this right as existing but also finding exceptions to this imaginary right. Strait jackets would be put on people in the real world who acted like this.

My guess is that if the issue is handed back to the states, leftist justices on state supreme courts will find a similar abortion right under state constitutions. If not found, it will be placed there in Blue states by amendment.

25 posted on 07/31/2005 7:17:23 PM PDT by peyton randolph (Warning! It is illegal to fatwah a camel in all 50 states)
[ Post Reply | Private Reply | To 23 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson