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Old 03-05-2022, 12:01   #15
BenMcr
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Re: Draft Supreme Court opinion overturning (Roe v Wade) abortion leaked

Quote:
Originally Posted by nomadking View Post
The individual states ARE imposing their own restrictions because they have the legal competence to do so.
As your quote stated :- "part of strategy to push back against rush of state laws". Of course, if the makeup of Congress etc changes, then they could return full control to the individual states.
As much as I can tell without the full knowledge of how the US law works, if Roe vs Wade is struck down (along with the linked Casey one) then the States laws are the ones that will apply without the ability to dispute them at the federal level - unless or until a federal law is passed.

If a federal abortion law is passed you can bet this ends up back at the Supreme Court where the states who have the opposite one would dispute it. That's true in both circumstances i.e. restrictive state laws and a federal access law or vice versa.
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