Politics What a post-Roe America would look like

06:25  30 october  2020
06:25  30 october  2020 Source:   washingtonexaminer.com

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Since 1973, Americans have lived under deep angst, confusion, and disagreement regarding the conflict between rights of personal freedom and the Rather, the end of Roe would allow each state to determine the legality of abortion and any restrictions required. In fact, in some states the end of Roe

Well, we turn now to look at what a post - Roe America would look like and how many people are already cut off from abortion access across the country. And through that, they were able to pass a number of model legislations that came through places like Americans United for Life, National Right

When Republican senators confirmed Amy Coney Barrett to the Supreme Court, Democrats immediately turned the volume up on their threats of retribution.

a person holding a sign: FEA.PostRoe.jpg © Provided by Washington Examiner FEA.PostRoe.jpg

Senate Minority Leader Chuck Schumer denounced the vote, which succeeded on partisan lines, as “one of the darkest days” in Senate history. His colleague, Rhode Island’s Sheldon Whitehouse, called the whole process illegitimate and threatened that Republicans would “rue the day” when Democrats retook control of the Senate. Over in the House, Rep. Alexandria Ocasio-Cortez prescribed her party a remedy: “Expand the court.”

Mississippi asks Supreme Court to review 15-week abortion ban

  Mississippi asks Supreme Court to review 15-week abortion ban Mississippi's request came just hours after the Senate Judiciary Committee advanced Amy Coney Barrett's nomination to the Supreme Court.In the seven-page supplemental brief, Mississippi Attorney General Lynn Fitch pointed to separate abortion-related cases where federal appeals court judges have extracted different interpretations of the Supreme Court's decision in June Medical Services v. Russo — the court's most recent abortion case which struck down a Louisiana abortion regulation.

True, in a post - Roe America , some women would be able to get abortion-inducing medications that weren’t available the last time abortion was criminalized. (Misoprostol, which is also used to treat ulcers, can be ordered online.) But today’s legal context has been transformed by decades of anti-abortion

The terror of a post - Roe America is something Robin Marty has spent years preparing for. And that’s all true. But Justice Ginsburg dying makes it all scarier, because we see the stark reality of what the landscape will look like after Roe in a way we hadn’t before.

The temptation of court-packing, long a liberal pipe dream, gained new popularity after President Trump nominated Barrett. It is a direct reaction to the often-unspoken but very real fear that Democrats hold about a conservative supermajority on the court, namely, that it will lead to an overthrow of Roe v. Wade. All throughout Barrett’s hearings before the Senate Judiciary Committee, Democrats tried to nail her on the landmark abortion case while arguing that, unlike Neil Gorsuch or Brett Kavanaugh, Barrett would tip the balance since, as the successor to liberal icon Ruth Bader Ginsburg, she would increase the number of conservative justices on the court.

Whether she actually will is an open question. The court has not yet accepted any cases pushing against Roe this term, although Mississippi, sensing an opportunity, did file one just days before Barrett’s confirmation. And Barrett, like any originalist, refuses to state her views on Roe, claiming that, as a sitting judge, she cannot comment on cases that are open to challenge. Still, that opinion alone, which implicitly does not defer to Roe's precedent, sounds alarm bells that, if presented with the right case, Barrett and other court conservatives will read abortion rights out of the Constitution.

Amy Coney Barrett Could Rule On Multiple Abortion Cases if Appointed to the Supreme Court

  Amy Coney Barrett Could Rule On Multiple Abortion Cases if Appointed to the Supreme Court "Any time the Supreme Court deals with an abortion case, there will be a brief asking them to overturn Roe and they will have the opportunity to overturn Roe," one expert said.These are just some of the reproductive health issues making their way to the Supreme Court, where Judge Amy Coney Barrett—who was nominated by President Donald Trump to fill the seat vacated by the death of Justice Ruth Bader Ginsburg—could soon be the deciding vote.

What would that new landscape look like ? For those who protested the new laws with red cloaks and coat hangers, it’s a nightmarish mashup of the dystopian What all this means is we don’t have to do much speculating about what a post - Roe world would look like , because for millions of women, the

What Would a Post - Roe v. Wade World Look Like ?

Does the hypothetical deserve such agonizing? The fallout from such a move, in fact, would not be nearly as apocalyptic as abortion’s fiercest defenders predict. Abortion would not become illegal. Its regulation would simply become a state issue, as it was prior to 1973. And states on both sides of the fight are already gearing up for that likelihood.

In the wake of Kavanaugh’s confirmation last year, which gave conservatives a tenuous majority on the court, New York, Maine, Vermont, Illinois, and Rhode Island all firmed up abortion protections and expanded access. Virginia followed suit this summer, after a dramatic failure to do so in 2019. Leana Wen, the former president of Planned Parenthood, praised these measures as a “critical backstop” against the conservative assault on abortion rights.

On the other side, state legislatures in Missouri, Alabama, and Tennessee doubled up on the victory with stringent restrictions on abortion. These laws, which essentially outlaw abortion through regulation, have the potential to provoke challenges to Roe (or its counterpart, Planned Parenthood v. Casey), as happened this year when the court heard a case disputing a 2014 Louisiana law making it virtually impossible to procure an abortion.

Murkowski predicts Barrett won't overturn Roe v. Wade

  Murkowski predicts Barrett won't overturn Roe v. Wade Sen. Lisa Murkowski (R-Alaska) just before the Senate vote to confirm Amy Coney Barrett to the Supreme Court predicted the Trump nominee will not vote to overturn Roe v. Wade, the landmark case establishing a right to an abortion, once she is on the Supreme Court."I don't see her overturning the decision in Roe v. Wade, based on - based on the weighting of the reliance factors," Murkowski, a GOP moderate who is voting for Barrett, said Monday evening.

Handbook for a Post - Roe America . 844 likes . Abortion is likely to be illegal in at least a dozen states in the next few years. Start getting ready now. "What all this means is we don’t have to do much speculating about what a post - Roe world would look like , because for millions of women, the right to

But the post -COVID economic recovery process offers a critical opportunity to reinvigorate the manufacturing industry and create millions of new industrial jobs. I am a policy maker, lawyer, and the Executive Director of the national strategic policy center Jobs to Move America , an organization that I

The decision in the case, June Medical Services v. Russo, was at the time a major disappointment for the anti-abortion scene. Chief Justice John Roberts joined the liberal minority to deliver a 5-4 decision supporting Roe. But now that Barrett is on the court, and with Kavanaugh and Gorsuch on the record with their anti- Roe votes, conservatives have more hope this tactic will work next time.

“Who names the next justice wins,” said Marjorie Dannenfelser, president of the Susan B. Anthony List, the most influential anti-abortion group, after Roberts joined the liberals in the June decision.

And if that strategy succeeds, researchers at the Susan B. Anthony List say they have plans to expand the post- Roe abortion fight at the state level. Pro-choice states that are preparing for a Supreme Court-level wipeout will be tough to crack. Vermont, Oregon, and the District of Columbia will be nearly impossible since they have enshrined full abortion access in their constitutions. But there are a few states — Arkansas, Mississippi, and West Virginia, for instance — where the fight could be over as soon as it begins. These states, as well as six others, have pre- Roe abortion bans that can be enforced immediately if the decision is ever overturned.

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It seems like it would be an extremely common occur Read More. What Would a Post – Roe v. Wade America Look Like ?

In a post - Roe America , thanks to Misoprostol, the most common abortion-inducing medication, and a growing network of people who can help pregnant women determine appropriate dosing, some illegal abortions will be safe — or at least safer than pre-Roe procedures. But many won’t be.

It’s that possibility, as well as the fact that eight other states have passed abortion bans intended to take effect post- Roe, that has abortion advocates worried. A September report from the Guttmacher Institute, which tracks abortion access throughout the country, warned that a six-justice conservative majority on the Supreme Court could prove “devastating” for reproductive rights. When Barrett was confirmed, multiple Planned Parenthood spokespeople warned of the “direct threat” she posed to abortion access. Democratic leaders in both the House and the Senate released statements to a similar effect.

None of these worries are new, But Barrett’s ascension really does represent the first time in many decades that conservatives have control over the court. More than anything, however, the Democratic fretting reveals the fundamental weakness of Roe. The decision, far from settling the abortion issue, has only postponed the inevitability of a fight in which each individual state must decide where it stands. And it only takes one case to reset the clock.

Liberal and conservative critics of Roe have pointed out that flaw since the decision was made. In one of the most forceful liberal cases against Roe, published a week afterward, the editors of the New Republic argued that the court had made a grave mistake in forcing abortion on the entire country.

Why the 2020s Could Be as Dangerous as the 1850s

  Why the 2020s Could Be as Dangerous as the 1850s Democrats could win decisively next week. But that still wouldn’t neutralize minority Republican power.With Biden embracing America’s evolution and Trump appealing unrestrainedly to the white voters most fearful of it, the 2020 campaign marks a new peak in the most powerful trend shaping politics in this century. Over the past two decades, and especially since Barack Obama’s election in 2008, voters have re-sorted among the parties and thus reconfigured the central fault line between them.

“If the Court’s guess concerning the probable and desirable direction of progress is wrong, it will nevertheless have been imposed on all 50 states, and imposed permanently, unless the Court itself should in the future change its mind,” they wrote. “Normal legislation, enacted by legislatures rather than judges, is happily not so rigid, and not so presumptuous in its claims to universality and permanence.”

Presumptuous was, and still is, the right adjective for the court’s actions. Before Roe, many states were already easing up on abortion, and the country was trending in favor of the practice. Now, in large part because of Roe's consequences, the tables are turned. More than 20 states have moved toward restricting abortion, according to Guttmacher.

And the issue is a serious political motivator, for both Republicans and Democrats. Trump frequently promises his anti-abortion supporters more victories if granted a second term. And Democrats, fearful that Roe is imperiled, are at least willing to explore court-packing in a last-ditch effort to keep it in place.

But at this point, the future of national abortion access is likely beyond the scope of electoral politics and in the hands of the Supreme Court. If it strikes down Roe, the battle won’t be over. It will have just begun.

Nicholas Rowan is a staff writer for the Washington Examiner .

Tags: Roe v. Wade, Abortion, Supreme Court, Amy Coney Barrett, Healthcare, Law, Senate Judiciary Committee

Original Author: Nicholas Rowan

Original Location: What a post-Roe America would look like

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