Friday, May 13, 2022
Monday, May 9, 2022
Abortion laws in the United States prior to Roe vs. Wade
Legal upon request
If Roe/Wade is overturned by the Supreme Court, abortions would become illegal in every State. The States would have to pass abortion, or anti-abortion laws individually, as it was before Roe/Wade.
The Federal government could make abortions illegal in every State in the Union, if both Houses passed such bills and the Supreme Court voted approval of those bills in an at least 5-4 majority.
It's very plausible the Supreme Court could overturn Roe/Wade. I doubt both Houses of Congress would pass bills to make abortion illegal throughout the country. They would not have the votes for that. Another scenario would be if the Supreme Court had the correct worded case to decide the Supreme Court could outlaw States from allowing abortions, then the Congress would have to pass a law allowing States to have abortions if they wanted.
But, be careful what you wish for. Roe/Wade was decided based on a right to privacy. Those against Roe/Wade claim there is no right to privacy in the Constitution that allowed Roe/Wade to become law. If Roe/Wade is to be overturned the Court will have to say there is and never was a right to privacy. That could eliminate privacy rights most Americans think they have. A right to privately worship as one deems necessary. A right to own a gun, and many other assumed rights based on the privacy of being an American.
For 200 years legal scholars never read the Second Amendment as giving individuals the right to own a gun. It was just a given in the tradition and practice of Americans. Then 200 years later the Court decided that American individuals did have a right to own guns. A simple reinterpretation by a different Court.
Roe/Wade has been the law of the land for over 40 years. Chief Justice Roberts called that a legal precedent, that he would not seek to overturn. But the Court is now a majority conservative Court with religious law as its main belief system. It seems we are headed to overturn Roe/Wade no matter how many millions of citizens suffer. People should remind themselves of that suffering, because it was a great persuader of passing Roe/Wade.