It’s a common belief – one I’ve endorsed in the past – that if Roe v Wade <\/i>is overturned, the result won’t be the nationwide banning of abortion in the USA, but rather a return to state-by-state rules. So abortion might be outlawed in Alabama, but it would remain legal in New York, and so on.<\/p>\n
But lately I’m not so sure. The “Partial Birth” Abortion ban is a nationwide <\/i>ban, enacted by the federal <\/i>congress. Yet no one seems to be making a serious case that the PBA ban is unconstitutional because Congress has no authority to pass a nationwide abortion ban. (It does show what hypocrites “federalist” Republicans are, though.)<\/p>\n
Since the Republicans in Congress believe they have the right to ban PBAs nationwide, then they must believe they have the right to ban all abortions nationwide – if Roe <\/i>is overturned.<\/p>\n
Of course, Democrats in congress (along with the few moderate Republicans that still exist) would try to block such legislation – so even if <\/i>Roe <\/i>is overturned (which could only happen if <\/i>two of the current pro-Roe <\/i>justices are replaced, which could only happen if <\/i>Bush wins re-election, and then only if <\/i>two pro-Roe <\/i>justices die or retire), it couldn’t happen unless <\/i>the Republicans pick up a few more seats in the Senate.<\/p>\n
That’s a whole lot of “ifs” and “unlesses”; none of them are unlikely on their own, but it’s probably not likely that all <\/i>of them will take place. So I’m not saying it’s time to panic. I am saying, however, that the “if Roe <\/i>is overturned it’ll be up to the states” argument may not be as ironclad as it once appeared..<\/a><\/p>\n","protected":false},"excerpt":{"rendered":" It’s a common belief – one I’ve endorsed in the past – that if Roe v Wade is overturned, the result won’t be the nationwide banning of abortion in the USA, but rather a return to state-by-state rules. So abortion … Continue reading