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

Skip to comments.

If the Supreme Court Overturns Roe v. Wade, What Happens?
Townhall.com ^ | December 9, 2021 | Larry Elder

Posted on 12/09/2021 3:53:48 AM PST by Kaslin

The Supreme Court, in a case involving abortion, may, repeat, may overturn or at least dramatically cut back the scope of Roe v. Wade, the 1973 case that invalidated all states' anti-abortion laws. Sixteen years ago, I wrote the following:

NBC's Tim Russert quoted Justice Antonin Scalia, saying, "(Scalia's quote) may surprise some people: ... 'If a state were to permit abortion on demand, I would and could in good conscience vote against an attempt to invalidate that law. ... I have religious views on the subject, but they have nothing whatever to do with my job.'" Note Russert's assertion that this "may surprise some people."

This "surprise" is because leftists in academia, mainstream media and Hollywood confuse people on the issue. Roe did not legalize abortion. Rather, the Court discovered a "right to privacy" -- nowhere mentioned in the Constitution.

After John Roberts' nomination to become a Supreme Court justice, a Los Angeles Times reporter wrote: "The president of the National Organization for Women (NOW), Kim Gandy, warned that of the high court candidates considered by Bush, Roberts was one of the most extreme when it came to the question of overturning the Roe v. Wade ruling, which legalized abortion, emphasis added)." Legalized abortion?

Our Founding Fathers restricted the duties, powers and obligations of the federal government, leaving the remainder to the people and to the states themselves. This includes abortion.

In 1971, nearly two years before Roe v. Wade, the Supreme Court ruled on United States v. Vuitch, their first case involving abortion. It upheld a District of Columbia law permitting abortion only to preserve a woman's life or "health." The Court, however, generously defined "health" to include "psychological and physical well-being." This effectively allowed abortion for virtually any reason.

In 1972, the year before Roe v. Wade, 13 states -- including Colorado, California, Oregon and North Carolina -- allowed abortion for reasons including the mother's mental or physical health, rape, incest and fetal deformity. New York allowed abortion on demand up to the 24th week of pregnancy, with similar laws in Alaska, Hawaii and Washington. Mississippi allowed abortion for rape and incest, while Alabama allowed abortion for the mother's physical health. Thirty-one states allowed abortion only to save the mother's life.

In a post Roe v. Wade world, what happens?

USA Today conducted a state-by-state analysis. Their analysis expects 11 "conservative states" to immediately pass laws prohibiting abortion. But those "conservative states" only had 122 abortion providers in 2000, less than 7% of the nation's 1,819 abortion providers. "Most of those 122 providers (65) are in Texas," writes USA Today. "If pro-choice forces can hold on to Texas (not unlikely, given the feisty Democratic minority's tendency to flee to Oklahoma to deny the Legislature a quorum when its members are miffed) we're down to 57 providers. If the Democrats controlling the Alabama and Arkansas legislatures decided to act like Democrats, not Dixiecrats, that total could fall to 36."

That leaves eight "conservative states" with only 36 abortion providers between them -- an already difficult proposition for any woman seeking an abortion in those states. In six of them -- Mississippi, Kentucky, the Dakotas, Missouri and Nebraska -- a woman cannot find an abortion provider in 97% to 98% of those states' counties.

n other words, as it stands now, conservative states reduce abortion to almost nonexistence, so a post-Roe world, at least in those states, changes little.

Despite NOW's support, regular Americans appear wary of Roe's scope. Yes, according to a recent CBS poll, 59% of Americans call Roe a "good thing." But when pressed more specifically, people give answers that change the picture dramatically. Only 25% want abortion on demand -- effectively the Roe position. Fourteen percent want abortion permitted with more restrictions; 38% want abortions permitted in cases of rape, incest and to save women's lives; 15% want abortion permitted only to save women's lives; and 3% want abortion not permitted at all. When added together, 70% want greater, not fewer, restrictions on abortion.

With a reversal of Roe v. Wade, the Supreme Court says this: Where the Constitution fails to provide a specific empowerment for the federal government -- butt out.

Now that may surprise some people.


TOPICS: Culture/Society; Editorial; Front Page News; Government
KEYWORDS: abortion; elder
Navigation: use the links below to view more comments.
first 1-2021-4041-60 next last

1 posted on 12/09/2021 3:53:48 AM PST by Kaslin
[ Post Reply | Private Reply | View Replies]

To: Kaslin

California will get lots of “tourist“ trade?

Two people come in, one person leaves.


2 posted on 12/09/2021 3:55:09 AM PST by Ken Regis
[ Post Reply | Private Reply | To 1 | View Replies]

To: dfwgator

[If the Supreme Court Overturns Roe v. Wade, What Happens?]

Dogs and cats living together.

There was a flood!

Locusts!

It wasn’t Jake Blues’ fault!

Orange Whip?


3 posted on 12/09/2021 3:56:36 AM PST by SaveFerris (The Lord, The Christ and The Messiah: Jesus Christ of Nazareth - http://www.BiblicalJesusChrist.Com/)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

Bump


4 posted on 12/09/2021 3:58:24 AM PST by Loud Mime (A living and breathing Constitution empowers evil; living and breathing Commandments do was well. )
[ Post Reply | Private Reply | To 1 | View Replies]

To: Ken Regis

I’m wondering if they will have cruise ship abortions.


5 posted on 12/09/2021 4:00:16 AM PST by Loud Mime (A living and breathing Constitution empowers evil; living and breathing Commandments do was well. )
[ Post Reply | Private Reply | To 2 | View Replies]

To: Kaslin

Go after the Obergfell decision next.


6 posted on 12/09/2021 4:00:51 AM PST by DoodleDawg
[ Post Reply | Private Reply | To 1 | View Replies]

To: SaveFerris

Cities will burn!!


7 posted on 12/09/2021 4:03:02 AM PST by V_TWIN (America...so great even the people that hate it refuse to leave)
[ Post Reply | Private Reply | To 3 | View Replies]

To: V_TWIN

The pro-abort crowd will definitely be wildly-upset.


8 posted on 12/09/2021 4:04:59 AM PST by SaveFerris (The Lord, The Christ and The Messiah: Jesus Christ of Nazareth - http://www.BiblicalJesusChrist.Com/)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Kaslin

Cue the song “Is that all there is” by Peggy Lee when the decision comes down and the Leftist lies are all exposed.


9 posted on 12/09/2021 4:07:49 AM PST by House Atreides
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

The left hates us more?


10 posted on 12/09/2021 4:15:54 AM PST by DCBryan1 (Delete FB, TWTR, GOOGL, AMZN, YHOO, Gmail/chrome. Use Gab, Brave + DDG, VPN, Freerepublic )
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

It doesn’t matter what the people want.
The states were overwhelmingly against “gay marriage”
Obamacare was a no go ..until Roberts, on his own?(we the people didn’t get a say),declared it a tax.
All a sham.


11 posted on 12/09/2021 4:20:48 AM PST by Leep (Save America. Lock down pres. Brandon!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: V_TWIN

“Cities will burn!!”

Democracy in action.


12 posted on 12/09/2021 4:23:02 AM PST by Leep (Save America. Lock down pres. Brandon!)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Kaslin
"Founding Fathers restricted the duties, powers and obligations of the federal government, leaving the remainder to the people and to the states themselves. This includes abortion."

I would dispute this, Larry.

Modern science would put abortion in the same category as slavery - it is a human rights issue, and a civil rights issue.

This is my dispute with Libertarians - if forced human-servitude is wrong, then forced termination of an preborn human is also wrong.

13 posted on 12/09/2021 4:30:18 AM PST by Psalm 73 ("You'll never hear surf music again" - J. Hendrix)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

I’m surprised there hasn’t been more cases leveraging Roe for privacy - gun control in particular.


14 posted on 12/09/2021 4:31:06 AM PST by ctdonath2 (Statistics don't matter when they happen to you.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Leep

” “Cities will burn!! Democracy in action.”

Why do they get to burn cities down if they do not get their way but conservatives don’t?


15 posted on 12/09/2021 4:31:34 AM PST by Singermom
[ Post Reply | Private Reply | To 12 | View Replies]

To: Kaslin

> “If the Supreme Court Overturns Roe v. Wade, What Happens?”

Satanic child sacrifice for their life extending potions will scramble to find replacement stock.

Baby kidnappings will see an uptick. News reports will see an increase in mysterious stillborn deaths or sudden death syndrome. Blame it on Omicron or the next variant.


16 posted on 12/09/2021 4:33:39 AM PST by Hostage (Article V)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Singermom

Because “racism”
They’ve got it all figured out.


17 posted on 12/09/2021 4:35:04 AM PST by Leep (Save America. Lock down pres. Brandon!)
[ Post Reply | Private Reply | To 15 | View Replies]

To: Loud Mime

“According to the Guttmacher Institute, the average cost for a first-trimester abortion is in the US is $508 (anywhere between $75 and $2500). The median cost for a second-trimester abortion is $1,195.”

https://www.compasscare.info/health-information/abortion/abortion-costs/


First trimester abortions take about 12 minutes to complete... They’re a high profit procedure. Blue States that allow abortion will do whatever it takes to get ‘customers’ to their facilities.


18 posted on 12/09/2021 4:37:21 AM PST by GOPJ (Black thugs loot Walgreens:"Oh well" Loot Louis Vuitton & white liberal 'elites' scream stop 'em..)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Singermom

But seriously.
Conservatives generally believe in law and order.

We are the doers. The builders.
We care about our family our neighbors.
We actually are not the more violent.
Until,and unless we must defend ourselves or our families.


19 posted on 12/09/2021 4:39:58 AM PST by Leep (Save America. Lock down pres. Brandon!)
[ Post Reply | Private Reply | To 15 | View Replies]

To: Kaslin

The underlying question that this doesn’t address is whether SCOTUS will make the call that an unborn child is a human being and subject to the same protection under the Constitution as a human outside the womb. Should this come out of the decision, then Blue states can’t turn into ‘sanctuary’ states for abortion.


20 posted on 12/09/2021 4:40:54 AM PST by rstrahan
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-60 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

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