[T.B. Yoits]

So... the Louisiana Judiciary is going to claim rights that the Supreme Court found belongs in the Legislature?

[cuban leaf]

I’m going to guess the reason it’s temporarily blocked is because they may think it’s too vague to have teeth etc. There are times when a law is so poorly written that it really can’t be enforced because it is too vague. For all we know that maybe what’s going on here.

[qaz123]

The judge has a friend in the Governors office.

I’m sure Kemp is hoping for the same if/when the Georgia legislature presents its bill. And that is a big IF.

I’m sure Hollywood will threaten to leave which most of Georgia would love to happen but Kemp and his cronies will do anything to keep. Gotta keep those Benjamin’s flowing.

[alternatives?]

The SC ruled there is nothing in the US Constitution regarding abortion. The question is, are there any abortion rights in Louisiana’s (or any other states) constitution?

The coming recession will not impact lawyers. Shifty ones will always have enough to eat.

[mmichaels1970]

So... the Louisiana Judiciary is going to claim rights that the Supreme Court found belongs in the Legislature?

I would guess that 50 state judiciaries can now potentially do that. If the matter was returned to the states, it was returned to the jurisdictions of each state's individual government and constitution. Each state having its own Executive, Legislative, and Judicial branches functioning in similar roles to how the federal branches work.

Therefore, a state legislative body could pass a law and a state judiciary branch could declare that law unconstitutional (applying their state constitution). I'd guess the state's executive branch (governor) could selectively determine how little or much he's going to enforce the law as well.

I don't know for sure, so I'm just spit-balling here. I'd guess that the fed judiciary sort of removed themselves from the argument. However, the states are free to argue the matter til the cows come home.

You could theoretically end up with 50 individual "Roe v Wades". That's why, to me, the overturning of Roe v Wade is a victory for federalism, but not quite such a slam-dunk victory over abortion. That's why I feel like the other side is extremely ticked off without realizing that they've got some power here as well.

Can anybody educate me better on where I might be wrong about that? I'm not an expert and I'm fine with being corrected here.

[CraigEsq]

So... the Louisiana Judiciary is going to claim rights that the Supreme Court found belongs in the Legislature?

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So technically it was left up to the STATES. A state court could find that a state’s constitution guarantees a right to abortion.