If Roe v. Wade gets overturned, can Congress pass a law undoing such a ruling?

Oftentimes, when the SCOTUS rules on something being unconstitutional, it gives difference to Congress' power to enact laws on the specific issue. If Roe v. Wade gets overturned, can Congress pass a federal law authorizing the right to choose in all 50 states (and territories)? Or will it take a Constitutional amendment?

Otherwise with this gang on the Supreme Court could rule that abortion is not found in the Constitution, its protection cannot be implied, and therefore the right to an abortion is not protected.

Then the next Democratic President should pull an Andrew Jackson and tell them to fuck off and do it anyway. BTW, Lincoln also ignored SCOTUS rulings during the Civil War (see Ex Parte Merryman): http://en.wikipedia.org/wiki/Ex_parte_Merryman

Unless we Democrats screw the pooch and lose control of Cogress again.

However, it will probably ultimately end up a state issue.

> If Roe v. Wade gets overturned, can Congress pass a
> law undoing such a ruling?

It would depend on the grounds used by SCotUS. If they
ruled that the fetus is a human life entitled to all
of the normal rights of a born individual, then nothing
short of a constitutional amendment would overturn that.

If they simply ruled that they were wrong back in '73 and
they read some rights into the Constitution that are not
really there, then Congress could certainly try over-ruling
the several states by passing Federal legislation allowing
abortion. (And pigs will fly 'cause you *KNOW* our Democrats
would never go that far out on a limb like that.)

Tesha

Haven't the anti-Roe arguments from Scalia et al. been on the basis of the second opinion? Also, if they rule on the first, then that means abortion becomes illegal in all 50 states. Such a ruling would create an outpouring of support for a Constitutional amendment, whereas leaving it up to the states would be less unpopular. Nevertheless, if the SCOTUS were to rule with the first argument, the next Democratic President should follow what Lincoln and Jackson did and ignore the ruling.

would simply mean that laws prohibiting abortion would be constitutional. So any state, or the federal government, could decided to make abortion legal or illegal.

You could conceivably have a situaiton in which the US congress passed a law attempting to override any state ban or abortion. In that case, it would be up to the federal courts to decide whether state or federal laws would take precedence. The feds have been successful at usurping state authority on many issues, but in this case the same court that overturned Roe would probably side with the states. Which would mean a patchwork of state bans.

The religious right from the west part of the state would get the votes, and the Detroit voters may vote in agreement on that particular issue. If that were to happen, Ann Arbor has already passed a city law that states that abortion will be legal in their city even if banned in the state and country. I don't know how that will stand up-their marijuana laws (possession of less than an oz has the same implications as a traffic offense) has stood up to challenges. If the Ann Arbor police bust you, that is. If the county sheriff or state police bust you, you get charged under the state law, which makes it a criminal offense.

If it is banned in Michigan, I'm buying a boat so I can smuggle women across the river to Windsor.

Smuggling women to Canada for abortions probably is a losing business plan. Since anyone can take a car or bus across.

But yeah, if abortion is outlawed, then it comes down to income. Women without money will find odd and dangerous methods. Women with money will find a reason to visit Canada or France.

Just need to manage the logistics/security, and get out the information.

Nothing too difficult.

I forgot we can work together (palm smacks forehead!)

www.womenonwaves.org



Women on Waves is a non-profit group from the Netherlands that sends ships to countries where abortions are illegal. Women are able to get abortions and other medical treatments on the ships.

I highly recommend that everyone learn about and support this brave organization.

Nothing of importance that would make rational change in this country
is going to happen until after the next election cycle.

There are too many strong forces at play holding the Dems in check,
including the ownership of many Dems by the corporofascists.

that if RvW is overturned Congress as the chance to go back and write/pass a law that will fix/solve whatever problems the SCOTUS has w/ RvW. The problem is we have *, who will not sign such a bill into law.

Congress can legislate what cases go before the Supreme Court. I forget the details but the republican congress did that with Gay marriage I believe. I am a bit rusty on my Con law but theoretically Congress could vote on a bill prohibiting the Supreme Court from listening to Abortion cases. I doubt it would pass however because of republicans, the president, and there are probably enough Democrats unwilling to touch the issue.

in Congress, then if it appears that a case that could overturn Roe might be heard before the SCOTUS, we should do this.