Question for our lawyers, after the new SC reverses Roe V Wade next fall,

[Eliot Rosewater]

what would have to happen to make abortion illegal nationwide?

A bill from Congress?

Can a sitting president sign an EO to that effect once Roe is reversed or vacated or whatever it is called?


The reason I saw NEW SC is the rumor that Kennedy is retiring, now if he doesnt and assuming he votes to preserve Roe, then who else might die or retire?


The point, isnt it, is that we should not have to talk about this, should we. Had people not whined incessantly about Hillary, that is.

[unblock]

1. in practice, states would make it illegal within their states.

congress might make it illegal in d.c. and in federal territory, and perhaps in cases where state lines were crossed.

an executive order can't create new law, but it can direct law enforcement. so donnie could direct federal law enforcement to consider murder laws to protect unborn fetuses. such cases would be challenged, but if the supreme court decided to uphold that, this would effectively criminalize abortion at the federal level.

a lot depends on exactly how the supreme court "reverses" roe v. wade.

[Eliot Rosewater]

3. Thanks, hey I have a "what if" for you.

"What if" people had NOT whined incessantly about emails, servers, speeches and Hillary and assuming the KGB hacking of our election had its limits, she had won the election instead of it being stolen by a razor thin margin in 4 states using on the ground KGB agents?

Ahh, just imagine what THAT would be like

ANYONE who will not apologize for behavior that led to this madness is just as bad as ANY deplorable

[unblock]

12. sadly it takes more than one election to deal with the myriad problems we face.

had hillary won, the executive branch would be being run vastly more competently and intelligently, but we'd have the same legislative gridlock we had under obama, and republicans would be running multiple freshly concocted fake investigations into fake scandals about hillary something something.

and donnie would be egging them on, who knows, maybe "hillary was born in france" or some crap like that. oh, and colluded with russians, of course.

mcturtle would still be holding the supreme court seat open "until the cloud of legitimacy over hillary" is removed.

and the media would be bashing hillary non-stop for terrible wardrobe choices and not being able to pass any laws over congress's obstinance.


and money would be pouring in to republican coffers to absolutely kill in the midterms and 2020.


one of the sorry ironies of politics. often the short-term losers are the long-term winners.

let's hope donnie's short-term win in 2016 proves of lasting value to democrats long term.

[Eliot Rosewater]

13. And Roe would NOT be in danger nor would ANY civil rights laws.

Sorry but the way you say that it is almost like you dont get how VASTLY different it would be right now if for instance there was GOP in Obama's place for 8 yrs, etc.

I dont get posts like this, not at all.

[unblock]

15. oh, there's a yuuuge difference between the parties

and i long for the day when democrats have the white house and working filibuster-proof majorities (meaning enough to handle a few conservadem defections).

*that* will make a vast difference. then we can really fix a lot of major structural problems in our government, our federal finances, our economy, and elections, and judiciary, maybe even in our media, and so on.

and yes, any time republicans have enough power to do damage, they do so and things get even worse. hell, things get bad enough when they're merely obstructing a democratic president.


all i'm saying is that merely winning the white house while lacking control in congress is not nearly enough for me. beats the hell out of republicans controlling everything, but it's still a far cry from being in a position to really solve our problems.

[GreenEyedLefty]

14. Wish I could recommend this.

It is ironic that we have Trump to thank for the wave of women, people of color and young people who are going to change the game this fall. Hoping for a blue tsunami.

[marybourg]

27. I agree. And I believe that without Bush Jr.,

(or to put it another way, had Gore/Lieberman won), we never would have had Obama. And I hope and believe that the reign of Donnie the Incompetent is bringing, and will bring, a strong Democratic surge and an increasingly discredited publican opposition..

[unblock]

28. Obama is still young. I think he very likely would have been president eventually,

just not so soon.

[marylandblue]

2. Not a lawyer, but

The most likely outcome would be that it reverts to the states. Congress would then have to pass a nationwide abortion ban, which will never get through the Senate.

[Eliot Rosewater]

5. Well, that is what I thought, that or a constitutional convention. What worries me is what unblock

above talks about, the EO being enforced by a corrupt justice dpt and SC.

[beaglelover]

6. Why will there be a new SC next fall?

[Eliot Rosewater]

7. The rumor is Kennedy is retiring, news today. Hopefully he isnt as someone pointed out he

is hiring new law clerks for next year which you dont do if you are retiring.

[beaglelover]

8. Ummm, that rumor has been out there for months. It's not true.

[Eliot Rosewater]

9. OK, great if true. But as I just said to you elsewhere, even if it is just a rumor maybe this

can be a reminder to people NOT to whine about people like Hillary ever again.

Thanks for your avie of Hillary, she would have been top 3 of all time prez.

[Wwcd]

10. We start from the beginning. All the years of work by incredible people will be gone.

I want all those who worked so hard to insure the 2016 coup took place, that it is you that took all the benefits of those yrs of work for granted.

Shame on you.
Shame on you all.


Interesting question Elliot. I will wait for the answer.

[Eliot Rosewater]

11. Guess what, and this will blow YOUR MIND, there are MILLIONS of millenials RIGHT NOW

who still think a mainstream Democrat like Hillary (not really , she was and is more liberal than even Obama) is the SAME almost as a republican.

MILLIONS of them, I fear, still BELIEVE This shit, guess why!

I am not allowed to say why.

[crazylikafox]

17. I believe you.

My Millenial daughter told me so just yesterday. It breaks my heart.

[Eliot Rosewater]

20. This is not a coincidence or side effect, it is the DESIRED effect by the politicians

and talk show hosts promoting this so called progressive agenda.

Their goal is to DESTROY the Democratic party for the benefit of Putin and others.

PERIOD

[Wwcd]

21. Tea partyism for the Left

It was predicted at the start of the primary.

[RhodeIslandOne]

25. What is wrong with your daughter?

Does she not watch the news?

Does she not see what a shit stain we have in office?

Encourage her to get educated, and if she doesn’t, tell her not to vote.

[Wwcd]

18. But but..all that free stuff for only $27. Who could pass up that kind of deal!

Hillary only offered $12 min wage.
Geezus fking christ.

IT HAS TAKEN YEARS TO GET THE BENEFIT OF CHOICE.
Next time they gather together at the next Women's March I want to know if they even realize what the fk they gave away in 2016.

[MichMary]

16. I'm not a lawyer, but

I don't think it is all that easy to overturn a SC decision because such decisions are considered precedent. (That's one reason Heller isn't going away.) A new case would have to come before the court, kind of from a different angle.

[Lee-Lee]

19. Yep

It would probably be a decade or more before any case could get in front of SCOTUS on that since lower courts are bound by precedent.

[appalachiablue]

22. I've often read Roe wouldn't be overturned because it's so useful for

keeping rabid voters foaming at the mouth and supporting Republicans..

[MichMary]

23. That's probably very true n/t

[CTyankee]

26. Isn't Roe stare decisus? There has to be some really compelling reason to repeal Roe....

[fescuerescue]

24. There are dozens laws banning abortion now in various states

However, they are rendered moot because Roe V Wade is in effect.

If Roe v Wade were overturned tomorrow, those existing laws would instantly become enforceable without a single law being passed.