tag:blogger.com,1999:blog-7321349.post8725015450703127469..comments2024-03-18T22:21:33.261-07:00Comments on The Debate Link: How Doomed is Roe v. Wade? (Answer: Pretty Doomed!)David Schraubhttp://www.blogger.com/profile/04946653376744012423noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-7321349.post-39572276473654784452021-05-17T15:24:34.742-07:002021-05-17T15:24:34.742-07:00In each of these scenarios, what does the law look...In each of these scenarios, what does the law look like immediately after?<br />Does de jure overrule definitely go via "there is no constitutional freedom to end a pregnancy", ie is that what direct overrule intrinsically means? In which case the field directly devolves to each state individually, including various trigger laws or even pre-Roe laws that are still on the books? <br />vs ostentatious "non"-overrule means the explicit precendents are "Casey as before but this MS law is nevertheless ok", with the implication that further aggressive challenges are welcome? If so it seems even less likely to go this way - who on the court wants to keep relitigating this issue - unless there is actually a 5th vote that refuses to go as far as 'no constitutional protection whatsoever', and then we get to play <i>successive approximations</i> until we find exactly how far the 5th vote is willing to go?<br /><br />What about personhood arguments, via 'state interest in protecting the fetus', that lay the ground for not just undoing but actively reversing Roe by pre-empting state-level acceptance of abortion - I'm sure some amici will brief on this, but will the principals argue this, will the court endorse it, will the controlling opinion sidestep but Alito or whoever endorse these in a more radical concurring opinion?Benjamin Lewishttps://www.blogger.com/profile/04115050650579749235noreply@blogger.com