When discussing the overturning of Rowe V Wade, all discussions focused on abortion. However there are going to be some unexpected results other allowing states to control abortion.
Reading the draft opinion, the underpinnings for the decision is no constitutional basis for Rowe therefore it is a state not a federal issue. The draft went into details explaining why there was no implied right to abortion and thus the 4th and 16th amendment were not applicable. With this majority opinion it becomes clear that there is more going on than just giving states control over abortion.
As has been mentioned elsewhere, this ruling undermines a number of other federal rulings for example the states right to forbid interracial marriage as well as gay marriages. It also weakens the case for federal laws managing healthcare such as HIPPA and Obamacare, federal aid to education, etc. It is a huge victory for state rights with the potential to totally upend the America we know.
Another result of the ruling is political. Will support for antiabortion in the Republican party be as strong after Rowe is overturned as before? I think not. Support for antiabortion in the Republican Party comes from the religious right and the anti-big government crowd who strongly favor states rights. When Rowe is law of the land, these two groups were united in the desire abolish federal protection for abortion. With state control of abortion there is going to be less enthusiasm for antiabortion within the party. Over the last 20 years, 30% of the party has become a member on a non-Christian religion or none at all. The second reason I think that support is going to drop is that the big national battle is over. Although there will be fighting in most states, in some states it will just be a non-issue.
Before the court draft came out, I was reading articles about republicans getting full control of government in 2024 and passing anti-abortion legislation that would make abortion illegal in the US. It seems that the court deciding that abortion is a state issue has shot that down removing any hope of a united country on this issue.
Reading the draft opinion, the underpinnings for the decision is no constitutional basis for Rowe therefore it is a state not a federal issue. The draft went into details explaining why there was no implied right to abortion and thus the 4th and 16th amendment were not applicable. With this majority opinion it becomes clear that there is more going on than just giving states control over abortion.
As has been mentioned elsewhere, this ruling undermines a number of other federal rulings for example the states right to forbid interracial marriage as well as gay marriages. It also weakens the case for federal laws managing healthcare such as HIPPA and Obamacare, federal aid to education, etc. It is a huge victory for state rights with the potential to totally upend the America we know.
Another result of the ruling is political. Will support for antiabortion in the Republican party be as strong after Rowe is overturned as before? I think not. Support for antiabortion in the Republican Party comes from the religious right and the anti-big government crowd who strongly favor states rights. When Rowe is law of the land, these two groups were united in the desire abolish federal protection for abortion. With state control of abortion there is going to be less enthusiasm for antiabortion within the party. Over the last 20 years, 30% of the party has become a member on a non-Christian religion or none at all. The second reason I think that support is going to drop is that the big national battle is over. Although there will be fighting in most states, in some states it will just be a non-issue.
Before the court draft came out, I was reading articles about republicans getting full control of government in 2024 and passing anti-abortion legislation that would make abortion illegal in the US. It seems that the court deciding that abortion is a state issue has shot that down removing any hope of a united country on this issue.
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