Theoretically, if it were to happen, what would be the legal procedure through which abortion could be banned?

Question

Provided there was the public will to do this, what would be the constitutional procedures through which abortion could be totally banned in the USA?

Would congress have to pass a law? What (if any) would be the supreme courts role?

Just to be clear, I am not looking to debate the subject of abortion. Rather, I am curious about the legal procedures that could happen if it were to be made illegal.

Answer 1

The high Court would have to overturn Roe v Wade. That would open the way for the States to decide wheather to allow abortion or not. Yes that would mean in some States it would be legal and in some it wouldn't be. As decided by the voters in that State thru their elected Representatives.

Answer 2

Individual states would pass laws banning abortion.

The Supreme Court found those laws unconstitutional in Roe v. Wade, so likely Congress (and the states) would have to amend the Constitution to outlaw abortion or at least allow the outlawing of abortion.

Answer 3

Constitutional amendment and anti-abortionist don't want to go that route. They lose, and they will, that takes out the Supreme court!

Article. V.

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

US Constitution

Answer 4

The Supreme Court would have to overturn Roe v. Wade on a constitutional basis (read: more conservative judges than liberal) OR there could be a constitutional amendment on the national level, which would probably not get enough support from the state legislatures to pass

Answer 5

the present labels for abortion is high-quality. professional selection is the label for people who pick the girl to be sure on if she ought to have an abortion. this does not unavoidably recommend that a consultant choicer consents with abortion. They believe selection. professional lifer is against abortion in any respect ranges of the pastime. Many abortion clinics will basically do abortions 1st trimester, no longer after. Your precise 7 months is a lot to late for one. in spite of the reality that i'm professional selection i can not think of of a robust reason for abortion. even nonetheless if one ought to ensue the faster the greater advantageous. An abortion for the sake of beginning administration is the worst ever reason. as a strategies simply by fact the ban on partial beginning abortion that became between the few issues that Bush did wisely.

Answer 6

Legally, it would have no legal basis of correctness if such a law were passed. Because if passed flatly it doesn't bare common sense for all.

Answer 7

what I know as any is that a law can be repealed by another law. where were you -on tourism in space forgotten so simple things about law ?

Answer 8

incest, and rape should be the only reasons...people need to stop laying on their backs and doing irresponsible things like that....