To: Federalist 78
But instead of replying to my comment, you apparently just pasted in some boilerplate from somewhere or other. If the Supreme Court is denied from ever hearing any further cases on abortion, then
Roe will continue to stand.
It is true that if district courts could not hear abortion-related cases, then if a state legislature passed a law outlawing abortion, nobody could obtain an injunction from a local federal district court barring enforcement of the law. But if Roe remained, it would be a powerful political bar to state legislatures enacting abortion-ban bills.
17 posted on
02/13/2004 8:48:02 PM PST by
SedVictaCatoni
(You keep nasty chips.)
To: SedVictaCatoni
I'm having trouble understanding what you're saying in your post. If federal courts were barred from hearing abortion-related cases, then Roe would be irrelevant, except to the extent that state courts might choose to keep it alive within their own jurisdictions. But its hardly a foregone conclusion that all state courts would be inclined to do so. So the act would effectively nullify the sweeping effect of Roe vs. Wade.
19 posted on
02/13/2004 9:19:43 PM PST by
inquest
(The only problem with partisanship is that it leads to bipartisanship)
To: SedVictaCatoni
But if Roe remained, it would be a powerful political bar to state legislatures enacting abortion-ban bills.Technically, ROE would never be overturned. But no one would be able to sue a state government for any particular "infraction" of ROE. ROE would become a dead letter. Of course, ROE would ALREADY be a dead letter if the governors and presidents since 1973 actually understood their constitutional role: namely, to ignore patently criminal pronouncements from the Supreme Court.
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