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To: GulliverSwift

The Supreme court ruled it to be a state choice so any federal laws would be unconstitutional anyway. Smart move IMO.


25 posted on 04/08/2024 12:42:52 PM PDT by Thomas Jerome
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To: Thomas Jerome

What policy does Trump want in Florida? He won’t say.


27 posted on 04/08/2024 12:43:18 PM PDT by GulliverSwift
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To: Thomas Jerome
The Supreme court ruled it to be a state choice so any federal laws would be unconstitutional anyway.

SCOTUS said that Roe V Wade arrogated the authority of states, and thus vacated it. That doesn't stop congress from passing a law that places federal restrictions on abortions. The question is whether SCOTUS would consider such a law in violation of the 10th Amendment. Their record in that area is sketchy. Maybe congress could do as they did with the "National Drinking Age", and withhold a significant amount of Medicaid funding from states that allow abortions beyond a certain gestation.

But for the foreseeable future, it's a losing issue. Women want their abortions and they will vote to keep them.

119 posted on 04/08/2024 1:29:52 PM PDT by ETCM (“There is no security, no safety, in the appeasement of evil.” — Ronald Reagan)
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To: Thomas Jerome

Not necessarily.

What the Court said was that state abortion bans do not violate the Constitution and the Court was wrong to take that decision away from the states. It technically did not decide whether a federal abortion ban would be constitutional. That’s actually an open question under existing precedent. It could be argued either way. Yes, as a matter of originalism, it probably should be left to the states, but there’s a lot of things that should be and the issue is whether the Court will go back to that state/federal balance with everything which would be a huge chance in the law. If it doesn’t, then I can’t really shed a tear if a national abortion ban passes (it wouldn’t pass anyway, but hypothetically...)


126 posted on 04/08/2024 1:33:47 PM PDT by Stravinsky
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