Quote:
Originally posted by Mmmm, Burger (C.J.)
Not that Congress sets the rules for abortion (other than on miltary bases, etc.)
If Roe/Casey were overturned there would be a five-10 year period where a bunch of unwanted juvenile deliquents would be born, to terrorize all of us as we get to retirement age.
Then, the voters in half the states would throw out most of the legislators voting to restrict abortion, and it would end up as available as it is now.
While Penske is right about current politicians, that's because of the focus the conservatives have put on electing anti-abortion types. Given a different S. Ct. rule, I don't doubt the liberals' ability to create focus as well.
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AoN, I listened to an NPRish radio interview recently in which the guest pointed out that there are dozens of statutes still on the books which have been effectively preempted by Roe and its progeny, but for which noone is quite sure what really happens in the event that Roe is overruled.
Do they spring back into being? Do they continue being ineffective, and some future act must reinstate them?
Complicating the matter further is that these state laws are really all over the map. Some states have laws completely outlawing abortion. Some states, apparently, have articulated rights of privacy in their state constitutions, but for which there hasn't really been any state court interpretation re: abortion because of Roe.
The guest's conclusion was that on the day that Roe were to go away, it would be legislative chaos for a number of years, as all participants trample each other in their rush to 50 different courthouses to sort out what the hell the law is at that immediate time.
