What Will Happen When Roe v. Wade Is Overturned?

President-elect Trump’s reconfirmation recently on 60 Minutes that he will nominate “pro-life judges” has sparked some unprecedented media focus on what will happen when Roe v. Wade is overturned. This focus is long overdue. The notion of Supreme Court justices acting as public-health officials ranking the priority of abortion as health care, deciding what standards should apply to the practice in clinics from coast to coast, and deciding what credentials are suitable for abortionists would have astounded the great justices of the past. That’s why it has to be dressed up as some solemn “constitutional right” that obscures the Court’s actual role as the de facto National Abortion Control Board. Justice Sandra Day O’Connor recognized what the justices were doing back in 1983, warning of “our continued functioning as the nation’s ‘ex officio medical board with powers to approve or disapprove medical and operative practices and standards throughout the United States.’”

But no one should jump the gun. There are three huge political hurdles to the Supreme Court’s doing the right thing and returning the abortion issue to the democratic process in the States. First, it will take at least the replacement of Justice Scalia (with a like-minded Justice), plus the replacement of one or two of the Justices — Breyer, Kennedy, Ginsburg, Sotomayor, and Kagan — who threw out health and safety standards for Texas abortion clinics last June, claiming the need for evidence of a public-health crisis in abortion clinics.

Second, the U.S. Senate, with a 52–48 (possibly shifting) Republican–Democratic split, will be a high hurdle when it comes time for a vote during the confirmation process. Third, Planned Parenthood and 30 allied organizations, and their billionaire population-control funders, like George Soros and Warren Buffett, backed by numerous billion-dollar foundations, will all be working 24/7 to pressure the Senate and prop up Roe v. Wade, backed by a media bullhorn featuring all kinds of horrible myths about the implications. They will work to hide the reality that in the U.S. today, abortion is legal through all nine months of pregnancy, for any reason whatsoever, and sometimes with taxpayers’ subsidies, putting our nation in the company of North Korea, China, and Canada as the only nations that allow abortion for any reason after fetal viability.

But once those hurdles are overcome and Roe is overturned, there are three essential conditions that will maintain the status quo for at least the short term and ease the transition back to the states.

First, overturning Roe does not mean that the Court makes abortion illegal. Overturning Roe will return the issue to the states, where legislators can act in accordance with the views of their citizens. And no federal law exists that would make abortion illegal. (Congress might try to legislate a national law, but Congress’s constitutional authority to do so, in the absence of Roe, is doubted by legal scholars and judges.)

Second, if Roe were overturned today, abortion would be legal in 40 to 45 states tomorrow, up to 20 weeks and possibly to fetal viability, for the simple reason that there are no enforceable prohibitions on the books in those states before that time. The state legislatures and governors would have to act affirmatively. State regulations that are on the books on the day that Roe is reversed would likely be enforceable — parental-notice or consent laws, clinic regulations, etc. — subject to specific legal factors in each state that may prevent enforcement. Third, women won’t be penalized. The actual practice of the states for nearly a century before Roe (1973) was to target abortionists (the actual practitioners) and to treat the woman as the second victim of abortion. The states will undoubtedly follow that effective practice when Roe is overturned.

What would the states actually do? Based on the data in Americans United for Life’s annual publication, Defending Life, and AUL’s Life List, showing how the states have legislated (or not) on the life issue for the past 40 years, a fair prediction might be that — in the short term — a dozen states would maintain abortion on demand, a dozen states would try to enact and enforce broad prohibitions, and about 25 states in the middle might try different limits. That diversity is called federalism, a bedrock of the American constitutional system, which prevents Congress from dictating a single national law (in some areas) and leaves important issues to be decided at the local level, by local representatives accountable to the people at regular elections. It would be wise to leave the abortion issue to the states — where Americans can make their voices heard and where it was addressed since colonial days — unless 37 states act through constitutional amendment to enact a national rule.

In the meantime, the Court should delegate the broadest possible discretion to the states to address abortion, a serious public-health issue that state legislators and public-health administrators can handle better than unelected judges in Washington. A public-health crisis exists in America today as under-monitored, rarely supervised abortion centers operate as the red-light district of medicine. Abortion advocates increasingly claim that abortion is the supreme “right” that has to be publicly funded and guaranteed by voters and their tax dollars. But consider the Second Amendment, containing the “right to bear arms,” which is actually protected by the text of the Constitution: Taxpayers don’t have to subsidize the purchase of guns or ensure that people drive less than 30 minutes to have “access” to a gun dealer. The existence of that express right does not include federal or state responsibility to facilitate a sale.

But public opinion has long shown that the majority of Americans have rejected an extreme view of abortion and want limits on abortion. As the National Abortion Control Board, the Court has failed to protect women and their unborn children from the dangers of abortion and the sometimes deadly conditions inside rarely monitored, poorly supervised abortion clinics. This dangerous public-health vacuum could be filled by the states if the Justices would get out the way.

Clarke Forsythe, an attorney, is the acting president and senior counsel at Americans United for Life (AUL) and the author of Abuse of Discretion: The Inside Story of Roe v. Wade (Encounter Books 2013).

...up to 20 weeks and possibly to fetal viability,

Abortion should be banned except to save the life of the mother (everyone has the right to self-defense in libertylover's opinion).

This business of 20 weeks and fetal "viability" is a bad way to measure. Twenty weeks is an arbitrary point based on "viability" in the 1960s. And besides, "viability" is not a fundamental point, it's just a measure of local medical technology since the point of "viability" is vastly different between a neonatal care center in the U.S. as opposed to a hamlet in the middle of Kenya.

The only real solution is to accept the truth: that human life begins at fertilization, (which can be proven with a DNA test). A good ruling would be both timeless and placeless.

Abortion is one of the human miseries inflicted upon mankind by Democrats and other socialist pretending things to be true that aren't true: Slavery was the result of governments pretending that black people aren't people; the holocaust was the result of Germany pretending that Jewish people aren't people; abortion is the result of governments pretending that preborn people aren't people; and the problems are just beginning now that governments are pretending that homosexuality is normal.

2nd Kings 21

6 He sacrificed his own son in the fire, practiced divination, sought omens, and consulted mediums and spiritists. He did much evil in the eyes of the Lord, arousing his anger. 10 The Lord said through his servants the prophets: 11 “Manasseh king of Judah has committed these detestable sins. He has done more evil than the Amorites who preceded him and has led Judah into sin with his idols. 12 Therefore this is what the Lord, the God of Israel, says: I am going to bring such disaster on Jerusalem and Judah that the ears of everyone who hears of it will tingle. 13 I will stretch out over Jerusalem the measuring line used against Samaria and the plumb line used against the house of Ahab. I will wipe out Jerusalem as one wipes a dish, wiping it and turning it upside down. 14 I will forsake the remnant of my inheritance and give them into the hands of enemies. They will be looted and plundered by all their enemies; 15 they have done evil in my eyes and have aroused my anger from the day their ancestors came out of Egypt until this day.” 16 Moreover, Manasseh also shed so much innocent blood that he filled Jerusalem from end to end—besides the sin that he had caused Judah to commit, so that they did evil in the eyes of the Lord.

CHAPTER 24:

3 Surely these things happened to Judah according to the Lord’s command, in order to remove them from his presence because of the sins of Manasseh and all he had done, 4 including the shedding of innocent blood. For he had filled Jerusalem with innocent blood, and the Lord was not willing to forgive.

Both "Roe" of Roe v Wade and "Doe" of Doe v Bolton petitioned the Supreme Court to overturn their own cases. In both cases, the victims (plaintiffs) related that their pro-abortion lawyers lied to them and committed fraud and perjury upon the court. "Roe" says that she herself lied. These two cases that forced abortion on the States are nothing but fraud and should Constitutional Justices be appointed they must overturn or ignore the evidence as other Justices have done.

The Supreme Court acted as the three fabled monkeys and refused to reconsider the cases. So the two victims (plaintiffs) went to the Senate to tell their story and ask them to never appoint any judges that believed their cases were legitimate. Here are excerpts of their Sentate Testimonies.

Testimony of Norma McCorvey (The former Jane Roe of Roe v. Wade) June 23, 2005

I am the woman once known as the Jane Roe of Roe v. Wade. But I dislike the name Jane Roe and all that it stands for. I am a real person named Norma McCorvey and I want you to know the horrible and evil things that Roe v. Wade did to me and others. I never got the opportunity to speak for myself in my own court case. I am not a trained spokesperson, nor a judge, but I am a real person - a living human being who was supposed to be helped by my lawyers and the courts in Roe v. Wade. But instead, I believe that I was used and abused by the court system in America. Instead of helping women in Roe v. Wade, I brought destruction to me and millions of women throughout the nation.

----------snip----------------

On February 22, 2005, the Supreme Court declined to take my case. I was good enough for the courts when they wanted to impose abortion on America, but I wasn't good enough when I asked them to look at the hard evidence of what they have done to America.

The Supreme Court of the United States should be ashamed of itself. It has taken this matter of abortion away from the states, the people, and the legislatures, but it refuses to look at the evidence of what it has done. How shameful is that? How can we have liberty without life? Every member of the Supreme Court who supports Roe should be impeached and I believe we should to limit the terms of Supreme Court justices to 8 years.

The Supreme Court has hurt me and millions of women and children. I urge you to do everything in your power to reverse Roe v. Wade. Since the Supreme Court did not reject our arguments, we are continuing to bring those arguments before the court in case after case after case, including Sandra Cano's case which is in the courts now. Please do not ask a judicial nominee to pledge to maintain Roe v. Wade. If new evidence comes before the court, then the court should be willing change its old precedent, as it has many times.

Roe v. Wade is not in the Constitution. It is just a bad Supreme Court decision with bad effects and needs to be reversed. I also support a constitutional amendment to protect all human life. I am also attaching a copy of my 13-page affidavit which was filed in our lawsuit to reverse Roe v. Wade. Some things should never be allowed, even if we want to do them. Murder is one, child abuse is another and allowing abortionists to harm women is another. Thank you, Senators.

Testimony of Sandra Cano (The former Doe of Doe v. Bolton) June 23, 2005

The Doe v. Bolton Supreme Court decision bears my name. I am Sandra Cano, the former "Doe" of Doe v. Bolton. Doe v. Bolton is the companion case to Roe v. Wade. Using my name and life, Doe v. Bolton falsely created the health exception that led to abortion on demand and partial birth abortion. How it got there is still pretty much a mystery to me. I only sought legal assistance to get a divorce from my husband and to get my children from foster care. I was very vulnerable: poor and pregnant with my fourth child, but abortion never crossed my mind. Although it apparently was utmost in the mind of the attorney from whom I sought help.

At one point during the legal proceedings, it was necessary for me to flee to Oklahoma to avoid the pressure being applied to have the abortion scheduled for me by this same attorney. Please understand even though I have lived what many would consider an unstable life and overcome many devastating circumstances, at NO TIME did I ever have an abortion. I did not seek an abortion nor do I believe in abortion.

Yet my name and life is now forever linked with the slaughter of 40-50 million babies. I have tried to understand how it all happened. How did my divorce and child custody case become the basis by which bloody murder is done on infants thriving in the wombs of their mothers? How can cunning, wicked lawyers use an uneducated, defenseless pregnant woman to twist the American court system in such a fraudulent way? Doe has been a nightmare. Over the last 32 years, I have become a prisoner of the case. It took me until 1988 to get my records unsealed in order for me to try and find the answer to those questions and to join in the movement to stop abortion in America.

When pro abortion advocates found out about my efforts; my car was vandalized on one occasion and at another time, someone shot at me while I was on my front porch holding my grandbaby.

I am angry. I feel like my name, life, and identity have been stolen and put on this case without my knowledge and against my wishes. How dare they use my name and my life this way! One of the Justices of the Supreme Court said during oral argument in my case "What does it matter if she is real or not." Well I am real and it does matter. I was in court under a false name and lies. I was never cross-examined in court. Doe v. Bolton is based on a lie and deceit. It needs to be retried or overturned. Doe v. Bolton is against my wishes.

Abortion is wrong. I love children. I would never harm a child and yet because of this case I feel like I bear the guilt of over 46 million innocent children being killed. The Supreme Court is also guilty. The bottom line is I want abortion stopped in my name. I want the case which was supposedly to benefit me, be either overturned or retried. If it is retried, at least I will have an opportunity to speak for myself in court, something that never happened before.

My lawyers at The Justice Foundation have collected affidavits from over one thousand women hurt by abortion. We have filed those affidavits and a Rule 60 Motion to reverse Doe which is now on its way to the Supreme Court through the 11th Circuit Court of Appeals in Atlanta. I am also giving you a copy of my affidavit in the case. Millions of babies have been killed. Millions of women have been hurt horribly. It is time to get my name and life out of this case and its time to stop the killing.

Genesis 18:16-33New International Version (NIV)

Abraham Pleads for Sodom
16 When the men got up to leave, they looked down toward Sodom, and Abraham walked along with them to see them on their way. 17 Then the Lord said, “Shall I hide from Abraham what I am about to do? 18 Abraham will surely become a great and powerful nation, and all nations on earth will be blessed through him.[a] 19 For I have chosen him, so that he will direct his children and his household after him to keep the way of the Lord by doing what is right and just, so that the Lord will bring about for Abraham what he has promised him.”

20 Then the Lord said, “The outcry against Sodom and Gomorrah is so great and their sin so grievous 21 that I will go down and see if what they have done is as bad as the outcry that has reached me. If not, I will know.”

22 The men turned away and went toward Sodom, but Abraham remained standing before the Lord.[b] 23 Then Abraham approached him and said: “Will you sweep away the righteous with the wicked? 24 What if there are fifty righteous people in the city? Will you really sweep it away and not spare[c] the place for the sake of the fifty righteous people in it? 25 Far be it from you to do such a thing—to kill the righteous with the wicked, treating the righteous and the wicked alike. Far be it from you! Will not the Judge of all the earth do right?”

26 The Lord said, “If I find fifty righteous people in the city of Sodom, I will spare the whole place for their sake.”

27 Then Abraham spoke up again: “Now that I have been so bold as to speak to the Lord, though I am nothing but dust and ashes, 28 what if the number of the righteous is five less than fifty? Will you destroy the whole city for lack of five people?”

“If I find forty-five there,” he said, “I will not destroy it.”

29 Once again he spoke to him, “What if only forty are found there?”

He said, “For the sake of forty, I will not do it.”

30 Then he said, “May the Lord not be angry, but let me speak. What if only thirty can be found there?”

He answered, “I will not do it if I find thirty there.”

31 Abraham said, “Now that I have been so bold as to speak to the Lord, what if only twenty can be found there?”

He said, “For the sake of twenty, I will not destroy it.”

32 Then he said, “May the Lord not be angry, but let me speak just once more. What if only ten can be found there?”

He answered, “For the sake of ten, I will not destroy it.”

33 When the Lord had finished speaking with Abraham, he left, and Abraham returned home.

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