Even if it were overturned every state could still decide for themselves whether to keep abortion legal (Just like before Roe). I really would not see it as complete loss or a total win for either side.
2006-11-16 09:55:57 · 19 answers · asked by chuck3011 3 in Politics & Government ➔ Law & Ethics
Because it is the only slim thread that holds them some rights.
It is of course as everyone knows based on no real constitutional grounds, since it has no real relatonship to right to privacy, which is what it is based on.
it was passed because of political pressure, not good legal grounds, If actually reviewed by legal standard it would never hold up again.
2006-11-16 10:49:43 · answer #1 · answered by Anonymous · 1⤊ 0⤋
In law, there is a certain hierarchy. The constitution is the supreme law, and all other laws must follow it. So if there is a contradiction between a law and the constitution, the law is struck down.
Then come laws, passed by the government.
Next comes jurisprudence, or case law. When a case is decided in court, that ruling has a certain weight in the legal world, and the case decision can be brought as supporting the arguments of a party in a similar litigation.
In Roe v. Wade, the Supreme Court decided that laws making abortion illegal violated the constitution. This decision made all laws against abortion invalid. As long as the decision is upheld, any law making abortion illegal will be considered to contradict the constitution, and will therefore be invalid.
That is a very brief summary. Basically, as long as Roe v. Wade is not overturned, abortion must be legally allowed.
2006-11-16 23:29:29 · answer #2 · answered by Kermit 2 · 0⤊ 0⤋
I don't think Roe v Wade will ever be overturned. It's just such an emotional argument for both sides and that's why people are worried about it. Prior to Roe women didn't have a choice and many had back alley abortions or had to go out of the country to get them. It is a hardship for the poorest women to obtain them if Roe ever did get overturned as travel expenses can add up.
2006-11-16 18:09:13 · answer #3 · answered by Carrie H 3 · 1⤊ 0⤋
A whole generation of women have enjoyed the benefits of this ruling and many young uns do not know that abortion was once illegal.
There are constant moral and legal challenges to this supreme court decision of 1973 and lord knows how many eloquent speeches have been given for and against it.
The fact is that American women have freedoms in this planet that is unsurpassed because women in many countries do not enjoy the same rights over their own bodies.
Whether it is wrong or not to terminate a pregnancy remains controversial and will be for a long time.
I think the referendum is mainly to gage the nations pulse on the matter. Because it is a manmade law, it can also be rescinded by man. For those who fought to have it become a law, this is also another chance to prove again that women deserve that right of choice.
2006-11-16 18:16:03 · answer #4 · answered by QuiteNewHere 7 · 1⤊ 0⤋
You are right. Abortion laws varied in each state before Roe. If it were overturned there would be many states where it would be legal, some where it was legal with restrictions and a few where it would be mostly illegal.
2006-11-16 18:00:10 · answer #5 · answered by Yak Rider 4 · 0⤊ 0⤋
Some people think that abortion is murder and don't think the government should condone it. Others think that a woman should have the right to decide if she wants to be a mother or not.It doesn't matter that there are thousands of unwanted and foster cared for children in this country or that there are descent families that live below the poverty level and struggle to survive. No people just want to spend tax dollars arguing over an unborn child instead of using that money to enrich the future of one that is already here. Right to Lifer's would rather force the rape victim to give birth to the product of a savage attack instead of bettering the life of their neighbor...go figure.
2006-11-16 18:15:00 · answer #6 · answered by Debbi 4 · 1⤊ 0⤋
Probably because they know that many women will have illegal abortions and die, that's a pretty heavy penalty for just making a stupid mistake... The best way to stop abortions is to fix the problem at it's source, end unfair trade, clean up the entertainment industries, clean up the Internet and if your really so concerned, why not pass a law that makes sex outside of marriage illegal with jail time?... People really don't want to fix the problem now do they?
2006-11-16 18:14:31 · answer #7 · answered by david n 3 · 1⤊ 0⤋
Because the Fed Gov't overrides the state's rules. Take the case of medical marijuana. California approved it, for cancer & glaucoma, but after it was approved, the gov't came in and arrested a person with cancer who was growing her own for her own medical purposes. everyone sees the videos of abortions. Any videos out there of wire hanger abortions which is what will happen if Roe is overturned?
2006-11-16 18:09:59 · answer #8 · answered by shermynewstart 7 · 1⤊ 0⤋
Because with Roe it does not give the States a choice; it takes away the right of the people or their elected officials to choose what is best for their citizens.
2006-11-16 18:18:28 · answer #9 · answered by straightup 5 · 2⤊ 0⤋
Some issues are meant to be federal. If we allowed states to decide civil rights, I'm not confident all states would continue to have them. When the country has set the president that freedom and liberty is a value, they sometimes need to have laws maintaining them in all states.
2006-11-16 18:10:05 · answer #10 · answered by Take it from Toby 7 · 1⤊ 0⤋