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Old 03-05-2022, 23:00   #32
Chris
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Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked

Quote:
Originally Posted by nomadking View Post
Either the Federal government can impose it's own restrictions over the heads of the individual States, or it can't. Can't see too much of an in-between.
The document is now out there, so any significant changes will involve interfering with the judicial process. The leaking of the document means the decision cannot be changed or the reasons finessed in any significant way.
The ‘finessing’ would only occur in private discussion between the Supreme Court justices. There’s no role in this process for the federal government. The leaking has probably occurred at the hands of one of the dissenting minority and is designed to put public pressure on the majority to weaken their final, official opinion as much as possible, given that what they’re intent on doing is clearly opposed by a majority across the US as a whole.

Assuming Roe v Wade is set aside this summer, and certain states trigger their pre-prepared legislation to ban abortion, there then might arise the question of whether the federal government can legislate to overrule them. That in itself would I suspect become a constitutional issue though it’s far beyond my knowledge of the subject.
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