- Sep 2012
The Supreme Court has ruled that access to abortion is a right under our constitution, and they will never rule that the various states are allowed to usurp constitutional rights via state legislation. This SCOTUS could certainly ignore stare decisis and overturn the prior findings of the Roe v. Wade case and all of the challenges that have come since Roe v. Wade. In that case, it would be up to the individual states to regulate abortion. I think it's highly unlikely that Congress would attempt to make abortion a federal crime via legislation, even if Roe v. Wade were overturned.
Likes: BoiseBo and MaryAnne