Do people not understand that if Roe v. Wade is actually overturned inches text back to the states?

[Stoner710]

So let’s say you’re living in California and Roe v. Wade is overturned, this actually does not make abortion illegal on a federal level Congress would have to pass a law saying that abortion is illegal on a federal level which would likely never happen. Now if you are living in California the likelihood of California banning abortion is very unlikely it is a highly liberal what I call leftist state And will never ban abortion. If your living in a conservative state like Texas Texas if Roe v. Wade was to be overturned would be banning abortion. But ultimately would end up happening with the overturn of roe v. Wade is the blue states Will get bluer in the red states when Will get redder, Now I know pro choice people want places like Texas to allow abortion but why should 1 state before for go against what it this is moral because another state wants abortion shouldn’t states that think abortion is wrong Be allowed to make abortion illegal and those who think abortion is right in those states be allowed to make abortion illegal.

[nightdrot]

In terms of the actual overturning of Roe v. Wade, even the late and quintessentially liberal icon Justice Ginsburg - though she approved the outcome of Roe - said that it was a legally sloppy ruling and was too sweeping. It is bad law and the nation has been trying to untangle its implications ever since.

That said, even the most conservative court is unlikely to overturn it. Conservative courts valuing the principle of stare decisis - precedent - and understanding that law is not just words on paper but has ramifications throughout the culture. Thus even liberal Justice Ginsburg's critique - Roe dropped a bombshell into the slowly changing, albeit changing in a direction that would not have pleased many, ethos in the country on the abortion issue and immediately froze and polarized the debate.

A conservative court will not repeat that error. It may narrow the scope of the right to an abortion. (As indeed, the courts already have. See also the third trimester limit. See also the "viability standard." See the developing "heartbeat standard," though the latter may not get much traction.) It may give the states more latitude to define their abortion laws - latitude that they had for almost 200 years before Roe wiped it out in an afternoon and which they are now clawing back. (See the aforementioned "heartbeat standard" in states like Alabama.)

However, an outright overturning of Roe v. Wade is extremely unlikely and indeed would as likely provoke a backlash as big as the one Roe itself has produced. Throw in that in such a polarized era, the backlash would be even more immediate and tumultuous.

Conservative judges seek stability in the law, a reliance on precedent, and consistent standards that set solid lines but that accommodate, within reasonable limits, the diversity of the culture. The bottom line being that it is not possible to un-ring the bell and that repeal of Roe v. Wade would simply move the cultural battlefield to the state capitals from the national capital. There to fester in those cities as it currently festers in DC.

To be sure, we shape the law and the law shapes us and to the extent that ending abortion's status as a right found in the "prenumbra" of the Constitution - as it was so formulated in Roe might help foster a cultural ethic that respects life inherently as opposed to as an instrumentality. That would be all to the good.

However, as likely as not, in the short to medium term, the overturning of Roe would not change much of anything. That is beyond the field of battle where that particular culture war is played out.

[Year3000]

Yes of course people don’t understand that. All of the United States should have abortion legalized. I wouldn’t want to live in a country where abortion is illegal in some states. People are tired of the Christian shit, you can’t escape that bullshit even in San Francisco, Las Vegas, you literally need to go Europe.

[Stoner710]

Why shouldn’t states do what the state thinks is right? Isn’t that the point of living in a federalist system? The point is a Republic is to have one state to have its own laws. Like California a more liberal state can legalize abortion or marijuana etc where more conservative states don’t want legal abortion (conservative seem to be on the fence about marijuana). In order to make a Republic work California needs to leave Texas alone and Texas leaves California alone, I think John jay wrote about this in the federalist talking about how this the reason we need to be a country but at the same time states need to allow other states to have there own laws otherwise you see states go to war with each other Say Texas wants to make abortion illegal but California wants Texas to have abortion they could go to war over the issue. This is why What’s the Democrats are doing right now is so dangerous for the country they’re threatening to add to new states which will vote Democrat they are threatening to get rid of the filibuster, Pack the courts and get rid of the electoral college, by doing this you will have a dissolution of the country places like Texas Florida who can be small economies all on their own would simply leave the union, you might even see places like Wyoming North South Dakota and Montana become one country of their own so in order to have a sustainable republic the states need to have some sort of autonomy to make their own decisions and their state and the other states with them alone. The point of the federal government is to protect the entire nation from invasion not to make laws for individual states to follow

[Year3000]

I don’t think most people who live in Texas are pro life even in New York most people are pro choice so I wouldn’t want the government making decisions the populist doesn’t agree with.

[Stoner710]

So according to a poll from the Texas tribune back in 2013 16% says never 30% are for it only in the cases of rape incest or women’s life is in danger 13% only when the cases are needed is clearly established 36% are for it as a matter of personal choice and 5% say they don’t know. So 59% of the population of Texas want restrictions on abortion and 36% want it fully legal which leaves the 5% undecided www.texastribune.org/.../

Now form another source www.pewforum.org/.../ California is 57% pro choice Texas is 45% these polls were taken back in 2014 now since 2014 republicans have been moving to Texas and liberals in red states are moving to California and other blue states so the statistics in 2020 are probably more screwed which supports what I’m talking about California and Texas are complete opposite of each other, Texas is a largely pro life state and California is a largely pro choice.

[Year3000]

I don’t think most Americans view late term abortion positively. I live in one the few states that allows it, that’s illegal in California also. I don’t think Texans want it to be fully illegal but not unrestricted for any reason like in New York.

[Year3000]

My point is Texas is still in my country I don’t want to live in a country where a locality would criminalize termination. That’s looks bad on our whole country.

[Stoner710]

I don’t think most Americans are in favor of late term abortion. I know my governor Jay enslee is for late term abortion Jenny durken, Ralf Norton AOC and elected officials are for late term abortion. As far as the Supreme Court I think we have 3 votes once ACB is a pointed Clarence Thomas and Brett Kavanaugh Are the other 2 I don't know about Neil Gorsuch. John Roberts might be but I doubt it of course the other 4 won’t be for getting rid of roe v wade,

But again I’d rather have congress pass a bill making it legal or individual states decide whether or not they want abortion legal or not that’s how federalism works that’s the whole point of living in federalist society. The founder who feared a large government like if the founder were to come back today and see how large our government is now they would be horrified. So they would want laws like roe v wade which they never put into the constitution to be dealt with by congress not SCOTUS. All the Supreme Court was designed to do was interpret the Constitution as it was written at the time with of course the amendment.

Now if you would be embarrassed living in a country where Texas would ban abortion but California has it legal then or don’t like Federalism, Remember federalism Is why Washington California Oragon and Colorado can have weed legal while right next door to Washington Idaho doesn’t have to legalize weed that’s how federalism works the same process is true of abortion or even gay marriage and I support weed and gay marriage but again that’s for individual states to decide or Congress not the Supreme Court

[MzAsh]

In spite of the fact that most Americans still support Roe V Wade and the right to choose abortion, overturning it and leaving it up to the states will cut access to over a third of Americans while making it more likely for them to resort to unsafe and illegal measures to get the job done. This isn’t anything the federal government should get to decide on.

[Stoner710]

Honestly the what we would see is is red states get redder and blue states get bluer people who support abortion will just move to blue states and people who are pro life will just move to red states like Texas and Florida.

Now of course if congress wants to make abortion legal that’s there job not the courts job same with gay marriage even though I do support gays getting married as long as the government is involved in people marriages. It is still suppose to be up for the congress to decide rather than the Supreme Court that the Supreme Court is simply there to interpret the Constitution outs as it was written at the time understanding the amendment have changed some of the rules, Like no man shall own another man. But unfortunately you’ll never get congress to fully agree to both of those issues hence why it’s suppose to be kicked down to the states, Otherwise we might as well brake into 50 different countries who have there own let of laws. This is my voting Democrat right now is so dangerous for the country is because they are actually actively trying to cause the dissolution of the United States I don’t think they realize they’re doing it but packing the supreme court, getting rid of the electoral college, getting Rid of the filibuster and adding two states to the union DC in Puerto Rico would actually cost of dissolution of the United States because if the Congress so if you have a 53 majority and a 47 minority without being able to fill a buster you will see it states start breaking off my guess is Texas will be the first one then Florida and the dominoes just start falling from there eventually we won’t have the United States of America will have the country of Texas all the country of California unfortunately that’s the reality of the situation and it all begins with Roe v. Wade

[Anonymous]

If you make this point a lot of feminists will just Remove it and block you that is why you don't see being made often.

Really it's best to leave stuff up to the States it gives everyone a choice to live in a state that has their beliefs having on the federal level literally forces everyone into it.