{"id":1166,"date":"2004-10-07T14:01:15","date_gmt":"2004-10-07T22:01:15","guid":{"rendered":"http:\/\/www.amptoons.com\/blog\/archives\/2004\/10\/07\/what-happens-if-roe-is-overturned\/"},"modified":"2004-10-07T14:01:15","modified_gmt":"2004-10-07T22:01:15","slug":"what-happens-if-roe-is-overturned","status":"publish","type":"post","link":"https:\/\/amptoons.com\/blog\/?p=1166","title":{"rendered":"What happens if Roe is overturned?"},"content":{"rendered":"

Via Feministing<\/a>, this AP story <\/a>reports on a Center for Reproductive Rights report on what would happen if Roe<\/i> is overturned.<\/p>\n

The center found that 18 states had pre-Roe <\/i>laws totally or partially banning abortion. In some cases those laws have been blocked by a court, but could easily be revived if Roe <\/i>were overturned. Alabama is one state where the abortion ban was never enjoined by the courts, and could be immediately enforced. Other states such as Ohio do not have abortion bans, but both the legislature and the governor oppose abortion and without Roe <\/i>there would probably be a rush to pass legislation banning abortion, the center said.<\/p>\n

It concluded that 21 states are at high risk, and nine states at middle risk, of banning abortion within a year of Roe <\/i>being overturned. More than 70 million women of childbearing age would be affected, the center said.<\/p>\n

Another 20 states, including Massachusetts, which has a pre-Roe <\/i>ban, would probably retain abortion rights because of other statutory protections or the makeup of their legislatures.<\/div>\n

Two quick points.<\/p>\n

1) The article says “It is believed that five of the nine justices support abortion rights, but that balance could be tipped if President Bush, in a second term, nominates a new justice who reflects his antiabortion views.” However, unless someone’s switched sides recently, there are currently six votes in favor of Roe\/Casey<\/i>, and only three votes to overturn. So it would take two Bush appointments to change that balance.<\/p>\n

However, it would take only one Bush appointment to make the recent “partial-birth” abortion ban legal. Bas as that would be, however, it’s not the same as overturning Roe<\/i>.<\/p>\n

2) Everyone seems to agree that if Roe were overturned, the pro-lifers would be unable or unwiling to make a serious attempt to ban all abortoin, nationwide, at the federal level. Why? The pro-lifers have made it clear that they think they have a right to ban “partial-birth” abortion at the federal level, and to date no court has disagreed with them (the PBA ban has been found unconstitutional on a few different grounds, but never on “state’s rights” grounds).<\/p>\n

If Roe is overturned, there would be enourmous pressure from the pro-life grassroots to ban abortion nationwide via a Federal ban, and I don’t think pro-lifers in Congress would be able to resist that, even if they wanted to. I assume that Democrats would filibuster any such law in the Senate – but if the Republian majority in the Senate increases by six or ten seats, we could see abortion banned nationwide.<\/p>\n

Gotta go – more later.<\/p>\n","protected":false},"excerpt":{"rendered":"

Via Feministing, this AP story reports on a Center for Reproductive Rights report on what would happen if Roe is overturned. The center found that 18 states had pre-Roe laws totally or partially banning abortion. In some cases those laws … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[],"class_list":["post-1166","post","type-post","status-publish","format-standard","hentry","category-abortion-reproductive-rights"],"_links":{"self":[{"href":"https:\/\/amptoons.com\/blog\/index.php?rest_route=\/wp\/v2\/posts\/1166","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/amptoons.com\/blog\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/amptoons.com\/blog\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/amptoons.com\/blog\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/amptoons.com\/blog\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1166"}],"version-history":[{"count":0,"href":"https:\/\/amptoons.com\/blog\/index.php?rest_route=\/wp\/v2\/posts\/1166\/revisions"}],"wp:attachment":[{"href":"https:\/\/amptoons.com\/blog\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1166"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/amptoons.com\/blog\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1166"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/amptoons.com\/blog\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1166"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}