Abortion is Declared Illegal- Then What?

[THP]

In other words you have no evidence to support your claim.

I believe I have given a valid reason to support my claim that a law against abortion will not reduce the demand for or the number of abortions. If you can show that the demand and/or number of abortions was significantly less per capita before abortion became legal in the US, I will change my mind. Until then, I will stand by what I have already said.

Its actually not a very good analogy because we have no idea what the drug use rate would be if we suddenly made all drugs legal. I really don’t think it would go do down or even stay the same. It is really a meaningless comparison.

We also have no idea what the illegal abortion rate was prior to 1973. We do know that in 1973 there were like 744,000 abortions done legally. The peak year was 1990 with 1.6 million abortions. I highly doubt there were 1,000,000 illegal abortions being performed per year in 1972. Clearly legalizing abortion led to an increase and clearly making it illegal would lead to a decrease. (see attachment)

 

[THP]

Iffy, since it is the Supreme Court that would have to do it.

If they declared (correctly) that a human in utero was entitled to the same human rights that apply under the law, that would automatically preempt any state or local laws.

Overturning Roe v Wade would mean that you would no longer have a constitutionally guaranteed right to an abortion. It would speak nothing to its legality. If anyone still believes in the 10th amendment, it would then fall to the states to decide if they wanted it to be legal or illegal.

 

[Brendan]

Overturning Roe v Wade would mean that you would no longer have a constitutionally guaranteed right to an abortion. It would speak nothing to its legality. If anyone still believes in the 10th amendment, it would then fall to the states to decide if they wanted it to be legal or illegal.

That would depend, again, on what the Supreme Court said when it overtured RvW.

If the Supreme Court declared that abortion was illegal because it deprived the infant of Life without due process, then no state could enact constitutionally effectively enact an abortion law. It would involve the infant being tried for capital crimes by a grand jury.

The 10th Ammendment would no more apply than it would if a state attempted to create a law that allowed for double jepordy or a denial of Miranda rights.

In other words, the infant would have the same Constitutional protections that we all do, including a right to life.

The 10th Ammendment would not change that, as it applies to the regulation of rights not otherwise granted by the Constitution.

 

[THP]

That would depend, again, on what the Supreme Court said when it overtured RvW.

If the Supreme Court declared that abortion was illegal because it deprived the infant of Life without due process, then no state could enact constitutionally effectively enact an abortion law. It would involve the infant being tried for capital crimes by a grand jury.

The 10th Ammendment would no more apply than it would if a state attempted to create a law that allowed for double jepordy or a denial of Miranda rights.

In other words, the infant would have the same Constitutional protections that we all do, including a right to life.

The 10th Ammendment would not change that, as it applies to the regulation of rights not otherwise granted by the Constitution.

Fair enough, but that seems highly unlikely.

 

[TheRealJuliane]

Some states could keep it legal and safe while further working towards rare. Others would enact there own laws. I’m not sure if a woman could cross state lines to choose a safe and legal abortion based on her own personal faith and beliefs, following prayer and consultation witn her dr or not. If not, abortion will not go away. Some women might be forced to resort back to unsafe abortions or those backalley ones as before 1973.

That’s so 39 years ago, Matt. “Legal, safe, and rare” hasn’t worked yet, and it never will. The legal part happened, but safe? Hardly. And over 50 million abortions later, I think the rare isn’t going to happen either. By the way, those “back alley” abortions didn’t happen in the numbers thrown about at the time. Dr. Bernard Nathanson is the man who inflated the numbers, and he recanted and explained the fiction after he stopped performing abortions.

Confessions of an Ex-Abortionist

*"**The number of women dying from illegal abortions was around 200-250 annually. The figure we constantly fed to the media was 10,000. ** These false figures took root in the consciousness of Americans convincing many that we needed to crack the abortion law. Another myth we fed to the public through the media was that legalising abortion would only mean that the abortions taking place illegally would then be done legally. In fact, of course, abortion is now being used as a primary method of birth control in the U.S. and the annual number of abortions has increased by 1500% since legalisation."
*