Under what circumstances would the supreme court overturn Roe v Wade?
Under what circumstances would the supreme court overturn Roe v Wade?A2A.The sequence of events would be something like this.1 Some state . . . South Dakota, let’s say, passes a law outlawing abortions.2 A woman, seeking an abortion, is turned away by a clinic, citing the state’s new law,3 The woman sues.4 The State fights the lawsuit.5 The State is going to lose at every level, pretty much, because every court is going to cite Roe v. Wade as the law of the land.6 Regardless,at every level, whichever side loses appeals it to the next higher court.7 Eventually it arrives at the Supreme Court’s doorstep.8 SCOTUS must then decide if it will hear the case. It takes four votes for the Court to agree to hear a case, and it’s by no means a certainty that a case of this type would get the four votes. That is because most Justices do not vote to hear a case unless there is some new area of law in the case that has not been previously addressed by the Court. Or some emergent situation, like the Bush/Gore Florida recount, Nixon having to hand over the Watergate tapes, etc.8A In the case of this hypothetical law against abortion, what is the State’s argument that any new area of the law would be addressed? It’s not 100% clear to me what it would be. But anyway, moving along in this hypothetical situation:9 SCOTUS decides to take the case9A Note that if SCOTUS votes not to hear the case, the ruling the last lower Court (in this hypothetical case it would be the Eighth Circuit, as they cover South Dakota) would stand.10 SCOTUS hears the case and could rule that Roe v. Wade is invalid, and that abortion is a matter for each state to determine. In that outcome the South Dakota law would stand and the woman would have to go to another state to get her abortion (which in reality she would’ve probably done anyway since courts move much slower than pregnancies). Many other states would pass laws making abortion explicitly legal with few exceptions, and some would follow South Dakota’s lead and outlaw it, some in almost all cases.Or they could uphold Roe v. Wade. They could change the viability standard, to take into account advances in technology since 1973.Despite what many have said, mostly in the media, it’s hardly a foregone conclusion that Roe v. Wade will be overturned, regardless of who is on the Court.
Should the U.S. Supreme Court Overturn Engel v. Vitale and Allow Prayer in Public Schools?
Banning school prayer infringes on the Right to Free Speech in the Constitution. It should be overturned.
In Roe v. Wade, did the Supreme Court say that life begins at conception?
I have a bunch of conservatives saying that the Supreme Court acknowledged a fetus as being "alive" and that "life begins at conception" but decided that a mother's rights trumped the rights of the fetus. Is this true? I would think if the Supreme Court had actually made such an absolutist claim that there would be a lot more fall out. So I guess my question is: In Roe v. Wade, did the Supreme Court make any ruling on whether or not a fetus is alive or life at conception?
Why didn't republican overturn Roe v Wade?
Lol, because the Bush administration doesn't really care what the religious nuts want. They just used them to get elected. Lol ah they were used and its funny to me.