U.S. lawyer weighing in...Siobhan, you have it exactly right, that overturning Roe v. Wade would only allow states to invidually regulate and ban abortion, but would not create a federal mandate to do so. Theoretically, Congress could pass a national law outlawing abortions nationally, but I think, perhaps with a little too much hope, that at least at the moment, the will would not be there to do so.
I also think that it would be very tough to justify a state law making it illegal for a woman to go to another state an engage in activity that is legal in that state - I can see a state trying it, but I cannot see such a law withstanding any sort of Constitutional scrutinity if challenged.
This whole thing makes my stomach turn, but cheers to President Fire Thunder.
(no subject)
Date: 2006-03-23 02:51 pm (UTC)I also think that it would be very tough to justify a state law making it illegal for a woman to go to another state an engage in activity that is legal in that state - I can see a state trying it, but I cannot see such a law withstanding any sort of Constitutional scrutinity if challenged.
This whole thing makes my stomach turn, but cheers to President Fire Thunder.