Must read:
In the 1980s, when abortion was severely limited in then-West Germany, border guards sometimes required German women returning from foreign trips to undergo vaginal examinations to make sure that they hadn't illegally terminated a pregnancy while they were abroad. According to news stories and other accounts, the guards would stop young women and ask them about drugs, then look for evidence of abortion, such as sanitary pads or nightgowns, in their cars, and eventually force them to undergo a medical examination -- as West German law empowered them to do.
Sounds like a nightmare of a police state, doesn't it? Like something that could never happen in this day and age -- and certainly not in the United States? But depending upon the outcome of this presidential election, it could happen here. This is how.
Republican presidential candidate John McCain opposes abortion, believing that life begins at conception. Imagine that he's elected to the White House and, not long after, one of the aging Supreme Court justices dies or resigns. President McCain appoints a suitably conservative replacement, and a complaisant or cowed Senate confirms the nomination. Then, an ambitious district attorney in Alabama, Delaware or any one of more than a dozen other states with old abortion laws still on the books or a new, untested abortion restriction prosecutes a local clinic for performing the procedure. (Legal scholars pretty much agree that laws from before Roe v. Wade can be revived.) The clinic goes to federal court; after appeals, the case goes to the Supreme Court, which votes 5-4 to overturn Roe. And we're back to the '60s . . .
. . . It seems a long way from McCain's bold statement that life begins at conception to police cars waiting on an abortion clinic side street in Granite City. But it's not. If the law were to take this post- Roe course, Americans' lives would be determined by their state citizenship in ways unseen since the Civil War. Professional legal scholars have traced the developments step by step. As constitutional scholar Richard Fallon of Harvard said recently, "If Roe were to go, it would not go gently."
http://www.washingtonpost.com/wp-dyn/content/article/2008/09/26/AR2008092602833.html