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Lawyer types - after Roe v. Wade is overturned

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JPJones Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-03-04 12:37 PM
Original message
Lawyer types - after Roe v. Wade is overturned
Individual states will pass there own abortion laws. But is it then likely that the ability of the states to legislate abortion will also be over-ridden?

Is it then possible that abortion will be defined as 'murder' at a federal level and thus a federal crime?
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The Chronicler Donating Member (678 posts) Send PM | Profile | Ignore Wed Nov-03-04 12:37 PM
Response to Original message
1. The SC had an opportunity to overturn it in the early 90's and didn't
I doubt it will be outright overturned.
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JPJones Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-03-04 12:39 PM
Response to Reply #1
2. Ha ha, that's pretty funny. Dred Scott, anyone? nt
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Orangepeel Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-03-04 12:59 PM
Response to Reply #1
8. That was because of O'Conner.
It was 5-4. If she is replaced with a bush appointee, it will likely be 4-5 to overturn.



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GDoyle Donating Member (219 posts) Send PM | Profile | Ignore Wed Nov-03-04 12:49 PM
Response to Original message
3. Lets say they do...
Lets say they do overturn Roe v. Wade for the sake of argument. Alls that means is it would not be unconstitutional for a state to criminalize abortion. That doesn't mean that every or even any states would. But lets assume they did, there could be legal challenges in those states that the law violates the STATE constitution.

Then, of course, there is the possibility Congress could come in and usurp the field and make it a federal crime. Right now, seems like anything is possible.

The thing the pro-life people seem to lose site of is their goal...i.e. reducing abortions. I, personally, do not have a problem with that goal and think its a good one. But threatening jail to young women who find themselves pregnant isn't the best way to achieve that goal, in my opinion (nor the morally correct one). I believe we can reduce abortions thru education, funding, counselling and other economic measures.

Obviously, society will never eliminate abortions altogether. Perhaps the pro-life people would be better served focusing on what policies would best limit them. Of course, those people don't think in those terms. But they also don't think about it practically. So, I think a lot of people who are "pro-life"....not the fanatical ones, would change their mind if they got down to the nitty gritty of actually writing legislation and attempting to enforce it.

GDoyle
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Shopaholic Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-03-04 12:51 PM
Response to Reply #3
4. There is a huge divide in the country now and the right-wingers
have taken over. What happened in the early 90's is now what's going on now. These people have drank the kool-aid and they want to put women back 100 years.
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atreides1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-03-04 12:54 PM
Response to Reply #3
5. Not Really Pro-Life!!!!
Well let's call them what they really are, they are not Pro-Life, they are Pro-Fetus.

Let's face facts once the child is born, these "pro-lifers" are the very same ones who want social and welfare programs cut.
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RummyTheDummy Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-03-04 12:57 PM
Response to Reply #5
7. And peope who cheer wildly
While bombs fall on children in Iraq.
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Walt Starr Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-03-04 12:56 PM
Response to Original message
6. If the new activist judges from the right determine the fetus is a human
there will be certain rights guaranteed at a federal level.

Bank on it.

I suspect within 6 years abortions will be universally illegal in the United States, a federal felony, possibly defined as "terrorism".
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depakid Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-03-04 01:00 PM
Response to Original message
9. It depends
If the physician uses drugs, then abortion AND contraceptives can be outlawed at the federal level.
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