Kennedy retires, Roe is overruled then what? (user search)
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  Kennedy retires, Roe is overruled then what? (search mode)
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Poll
Question: Where do we go?
#1
Abortion goes the way SSM goes. There becomes universal acceptance of personhood laws or at least personhood-lite because people who were once only personally against abortion see there is no "laws against laws".
 
#2
Things will just automatically reset in 1972. States that have left their bans in place will continue to do so and states that have repealed will keep them repealed. It will be illegal in most states, but will slowly be liberalized.
 
#3
It will be really bad for everyone at first, but most states voting for Hillary will follow Roe, most Trump states will keep the ban, and maybe some Obama-Trump states will have it dealt with on a case by case basis. We will have a map, like we do with Ri
 
#4
Same as above, but abortion will be litigated in elections and legislative sessions again and again for years, if not decades, in many places.
 
#5
Eventually most places will push to the center and become "Pro-Voice" where abortion will be decided on a case by case basis.
 
#6
Eventually Roe soon gets replaced as soon as we get a D trifecta back, even if its only for the first couple a weeks the pregnancy is discovered or should have been discovered.
 
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Partisan results

Total Voters: 53

Author Topic: Kennedy retires, Roe is overruled then what?  (Read 2685 times)
True Federalist (진정한 연방 주의자)
Ernest
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« on: June 25, 2017, 10:46:28 AM »

Here's a scenario I haven't heard mentioned yet: Roe is overrules, but instead "leaving it to states", the Court explicitly rules abortion rights unconstitutional.

No one talks about it because there'd really be no grounds to do it.

If anything, the only purely constitutional basis for when personhood begins is birth thanks to the 14th. So while a Federal prohibition on infanticide makes constitutional sense, going earlier for a Federal ban on abortion has no justification. At most, a requirement that for potentially viable fetuses, induced labor be attempted.
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True Federalist (진정한 연방 주의자)
Ernest
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Posts: 42,144
United States


« Reply #1 on: June 28, 2017, 03:05:18 PM »

If they overturn Roe v. Wade, and reverse their gay marriage decision, then I think that would really be the straw that broke the camel's back. If done prior to 2018 midterms, then it'll be a Dem wave. Prior to 2020, a Dem EV win.
I don't see any case that could possibly come before the court relating to SSM directly. Maybe a wedding cake case, but that would only touch upon the ability of states to require private actors to act in a manner that suggests they accept the validity of SSMs.
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