Is Roe v. Wade Going Back To SCOTUS?

Alabama is becoming the latest of 13 states to either consider or pass stricter abortion laws. The latest effort down south is that it basically outlaws abortion after six weeks, and that in a lot of cases is time that elapses before a woman may know she’s pregnant.

Arkansas, Georgia, Indiana, Ohio, Kentucky, Mississippi, North Dakota, and South Dakota have all passed stricter abortion laws this year, while Alabama, North Carolina, Tennessee, Missouri, and Wisconsin all have bills pending in their state legislature.

Meanwhile, states like New York have gone the other way, loosening the abortion laws in their states to actually allows abortion up until the moment of birth. Vermont has made abortion a “state right”, while in Nevada, they passed the “Trust Nevada Women Act”, which decriminalizes all abortions in their state.

So, the issue is heated, for sure. And for the first time in decades, according to a just released poll, more people are in favor of Roe v. Wade being eliminated as opposed to letting it stand. While this has always been a divisive issue, it’s been the “up to the moment of birth” legislation in places like New York that seem to have woken up a large part of America that hadn’t taken part in the debate yet.

While women fight for the “right to choose” whether to keep a baby or not, there is growing concern that once again, liberalism has gone too far. The fear is that they have pushed and pushed and pushed until once again, they’ve pushed themselves and their stance over the edge.

So what happens if the Supreme Court actually hears this Alabama case? If you take a look at what most experts see, it doesn’t involve the morality question of abortion much at all. What it entails is more of a states’ rights question. Does a state have a right to legalize abortion, or is it something that should be done on a national scale? The Constitutionalists on the high court would probably agree that if the Constitution doesn’t specifically say that the federal government has the right to make a law, it actually falls to the states to make that determination.

So, if that’s the case, and the conservative majority that are more likely to fall in line with states’ rights in that case are probably going to let states like Alabama come up with their very restrictive laws, while the states like New York or California would be able to have loose abortion laws if they so chose.

That would mean, in essence, that Roe v. Wade is pretty much dead as a national referendum on abortion. It would leave it up to the states to decide where their state falls on the abortion question.

Now, the question becomes, is it better to have one national standard for something like abortion, or fifty different interpretations to the question. That is going to be the argument. Either way, my take is that the Justices at the Supreme Court aren’t going to be arguing for “women’s rights”, they’re going to be arguing for either “states’ rights” or “national rights”. That will be the overriding question to this debate.

Carry on world…you’re dismissed!

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3 thoughts on “Is Roe v. Wade Going Back To SCOTUS?

  1. Medical matters should be by federal universal rules. People should not have to choose where they live based on availability of this or that medical procedure. I predict a low voter turnout 2020. Democrats hate Trump but don’t have qualified candidates and many dems pro gun and against socialist agenda and republicans support Trump but will lose votes over anti abortion republican state legislatures. All sides seem disgusted .

    Liked by 1 person

    1. Ah, but what about the 10th Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” This wasn’t ever involved in the Constitution, so it has to be reserved for the states…unless you want to pass an amendment to the Constitution…

      Like

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