Posted on 11/20/2016 6:51:09 AM PST by pinochet
If the Trump administration appoints 2 conservative Supreme Court judges, would that be enough to overturn Roe v Wade?
Yes, they could overrule Roe v. Wade. But that would not make abortion illegal. It would just return the decision to the states.
That’s because the actual Constitution (as opposed to the fantasy constitution of progressive judges) put decisions about abortion in the hands of the States, not in the hands of nine unelected federal judges.
“Congress can make it illegal any time it wants by actually passing a law to that effect.”
No. That’s not within the enumerated powers of Congress.
I can’t see that happening, but federal funding should be cut off.
I would be satisfied if we banned abortions once the child is able to survive outside the womb. As far as I’m concerned, once the pregnancy goes that far the mother abdicates “choice” and the welfare of the child takes over.
Great post. People don’t understand this, even a lot of FREEPERS.
Wow...you opened yourself up......
The woman made her choice when she got pregnant....
You don’t get to kill your children after they are born if they become inconvenient....
You shouldn’t when they are invitro either.....
Abortion isn't going to go anywhere because in their hearts, majority of Americans don't want it to go anywhere.
Everyone's pro-life until their teenage daughter gets knocked up. And that's the truth.
The nation must ask for it before congress and the courts follow through.
Abortion should never be illegal, it should also not be a constitutional right. This is a classic social matter that should be left up to the states. In the end, some states would outlaw abortion, some states would have it. More importantly, compromise positions could develop. For example, abortion only after the the first trimester could be made illegal in some states. In some states, abortion will be legal but not paid for by the government. Etc Etc.
My point is, this issue should never have been taken out of the voters hands. The same goes for gay marriage. Times changes, outlooks change, science changes. There are very few absolutes in any society.
The court disgraces itself when it goes beyond its mandate....which is simply to uphold the constitution...not to become another voting block.
As others have noted, overturning Roe v Wade would turn it back to the states.
The effect would be many states would make it illegal and others would add stricter controls with out fear of the ACLU taking them to court.
One thing congress can do is stop paying for abortions.
However, should be severely narrowed to restrict the unending destruction of actual education/educational opportunities in the name of "diversity".
America once got a Supreme Court that made it LEGAL, so I don’t see why not.
You contradict yourself.
Kicking the can down to the states doesn't solve the crime of abortion. However, doing so at least falls within the limits imposed on the federal leviathan by the Constitution.
> “Could America Get a Supreme Court that Would Make Abortion Illegal?”
No, but they could follow the Constitution and leave the matter to the States where it properly belongs.
>>But, as noted by others, the Supreme Court can only give this decision back to the individual states. The Court cannot make abortion illegal.
<<
If they determine a fetus is a legal person that would turn abortion into murder, period.
I understand that Roe v Wade being overturned would put the question back to the states.
But I don’t understand how it would be unconstitutional to ban abortion.
The Declaration says that all have the right to life. It is only after criminal actionn and with due process that the states are able to deny that right. Neither applies in an abortion.
I’m not necessarily saying that abortion should be banned, but if slavery can be at the federal level, then certainly abortion can be under the same reasoning.
It’s only by denying the personhood of a fetus - something that is increasingly medically spurious - that it has been possible to make abortion legal. And like slavery, there is an inherent conflict there that is going to have to be resolved.
If the abortion issue kicks back to the states, then voices like yours will finally be heard. I don’t have to tell you that there are strong opinions on both sides of the abortion issue. An emotion-filled debate will begin if the Supremes do what they should do and kick the issue to the states.
Initially, my feeling is many states would keep abortion in one form or another, some states would abolish it altogether. Overall, the result of kicking it back to the states is that the debate will be back on. And, voices like yours can have it. Good luck, my friend.
Technically, overturning Roe v Wade does not make abortion illegal and only throws the question back to the states.
Some states would keep it legal some would make it illegal
“not within the enumerated powers “
Neither are narcotics, yet they managed to pull that off at the federal level.
That’s because congress was granted the authority to enact laws.
I’m as pro-life as Mother Angelica, but abortion needs to be de-federalized, not criminalized. Remember the pro-abort pukes made changes by stair-stepping the issue. Return the issue to the states to decide. When the Fed gov is removed, Fed $$ dries up. In addition, pro-life is already winning among the youth.
I sure hope so.
Idiots. Overturning Roe v. Wade would not make abortion illegal. It would return the decision of how to treat abortion under law to the individual states. Any state that might want to make abortion utterly legal would be able to do so. Those states whose legislatures want to ban it entirely would have the ability to do that as well.
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