Flopper
Diamond Member
Although it is not about making abortion illegal it is the trigger event that will make it illegal in 13 states.Well first off this isn't about making it illegal, it's about if constitutional protections for abortion exist. Secondly, it's also about states rights. The state lost that right back in 73 when the SC ruled on R vs W. If a state didn't want abortion or strict limits on them, they were forbidden by that ruling from doing so.
So there is no legislating from the bench since legislation is not even part of this issue. It's a simple matter of determining if our founders or the editors thereafter wanted abortion to be a protected right in this country.
We assume that states rights will be the reason for overturning Rowe. Since such a ruling would lay the foundation for overturning the federal ruling on gay marriage, and a number of other laws and ruling that have shaped society, the court may not be will to do that far. Will the court fall back to the constitution right of unborn as a basis for overturning Rowe. Criminal laws now hold the unborn to be persons.
Also basing the decision to overturn Rowe on the right of unborn would allow for federal law to make abortion illegal throughout the country.
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