if roe v. wade was reversed would gov. sponsored clinics and the abortionist be prosecuted? would capitol murder be rewrote?
2007-11-26 13:17:16 · 6 answers · asked by forsonclan03@yahoo.com 2 in Politics & Government ➔ Law & Ethics
i believed that they would not be prosecuted. But if they continued after a cease and desist order has been placed. They would then be charged for murder. I don't think capitol murder would be rewritten because abortion would be considered to be murder and they would be tried just like any other murderer.
2007-11-26 13:28:00 · answer #1 · answered by babydot98_99 1 · 0⤊ 0⤋
Theoretically, no, given the prohibition on ex post facto laws in Article I of the Constitution; unfortunately, ex post facto legislation has been a constant problem ever since the War Between the States. Many former Confederate States Army rank and file were exterminated in the late 1860's, and such extermination was the fear of certain minorities after the wars of 1898 and 1939.
In fact, one such extermination occurred during the Clinton Administration: The torching of the Branch Davidian fort near Waco, TX. There is therefore no iron-clad guarantee against some future Presidential Administration wiping out Planned Parenthood and competitors, should Congress put teeth into a reversal of Roe v. Wade (such as, potentially, a Certiorari Granted by the Supreme Court of the United States on People of the State of California v. Scott V. Peterson, currently queued to be heard at the Supreme Court of the State of California, San Francisco).
2007-11-26 17:32:05 · answer #2 · answered by B. C. Schmerker 5 · 0⤊ 0⤋
If the Supreme Court were to revisit Roe v Wade and issue a new and contradictory ruling, then State laws on abortion would need to be rewritten to comply with that ruling.
Remember, Roe isn't a law, it's a court ruling. The laws are still written by the States, they just have to comply with the rulings of the Supreme Court.
If the States were to rewrite their abortion laws, then people could only be prosecuted for violating the laws AFTER they are changed - law changes cannot be made retroactive.
If, for example, the court were to rule that, contrary to Roe, there is NO Federal right to an abortion, then every State would be free to write a law either baning it completely, regulating it, or allowing it, as they see fit. Only if a clinic continued offering abortions after the State they were in banned it could they then be prosecuted.
Richard
2007-11-26 13:30:03 · answer #3 · answered by rickinnocal 7 · 1⤊ 0⤋
You can make something illegal but you can't punish people who did it before it was illegal. That's called 'ex post facto' and it's not allowed by the Constitution.
What it would do is just kick the issue back to the states. Some states (most I think) would allow abortion. To deny federal funds for hospitals that do abortions would require a special law, and I don't think you'd see that law being passed. Pro-life Republicans in Congress have never actually -done- much to stop abortion, they only talk about, and use it as an issue to get votes.
2007-11-26 13:32:36 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Roe v. Wade has nothing to do with capital murder. Abortion doctors and clinics may or may not be prosecuted depending on state law.
2007-11-26 13:32:06 · answer #5 · answered by Anonymous · 0⤊ 1⤋
If it were reversed, abortion would still be legal just not in every state. So the answer to your question would be no!
2007-11-26 13:25:41 · answer #6 · answered by Beau 6 · 1⤊ 0⤋