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Justice Janice Rodgers Brown
Quote:
Originally posted by Gattigap
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.
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So. That's not excuse to leave a lousy state of the law or poorly crafted precedent in place. As for whether or not some states outlaw abortion, I don't have a problem with that as long as it is decided at the state level. Maybe the populaces of some states will decide that life begins at conception and from that point on society's interest in protecting the unborn life outweigh's the mother's rights. Personally, I am not of that opinion, but the state of Utah might be and I respect that.
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Since I'm a righteous man, I don't eat ham;
I wish more people was alive like me
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