# Federal Ban on Abortion **URL:** \ **Category:** Great Debates\ **Created:** [April 5, 2022, 10:13pm UTC](https://boards.straightdope.com/t/federal-ban-on-abortion/962352 "2022-04-05T22:13:51Z")\ **Posts on this page:** 20\ **Page:** 5
**Author:** ![Love\_Rhombus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/love_rhombus/32/10694_2.png) [@Love\_Rhombus](https://boards.straightdope.com/u/Love_Rhombus)\ **Post date:** [April 12, 2022, 12:13pm UTC](https://boards.straightdope.com/t/federal-ban-on-abortion/962352/81 "2022-04-12T12:13:18Z")
> [@UltraVires](#): > > People in WV can outlaw it, but we cannot stop people from driving across the state line to MD and get one. But if you outlaw it in, say, Texas, you’re making it near impossible for many people in Texas to get one, since going to another state may not be practical. “Problem” solved (for Texas, anyway). ---
**Author:** ![Jackmannii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jackmannii/32/311_2.png) [@Jackmannii](https://boards.straightdope.com/u/Jackmannii)\ **Post date:** [April 14, 2022, 12:50am UTC](https://boards.straightdope.com/t/federal-ban-on-abortion/962352/82 "2022-04-14T00:50:42Z")
Don’t need no steenking federal ban on abortion, when many states are making it difficult to impossible on a practical basis to secure abortion services. The Kentucky legislature just overturned the Governor’s veto of a bill that, unless there’s a successful court challenge, will likely end abortions in the state. > **[KY Republicans override Beshear’s veto of sweeping abortion bill. It takes...](https://www.kentucky.com/news/politics-government/article260372877.html)** > > Breaking news: Here’s what you need to know about the bill and what it means for abortion access across Kentucky. ---
**Author:** ![RitterSport](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rittersport/32/6326_2.png) [@RitterSport](https://boards.straightdope.com/u/RitterSport)\ **Post date:** [April 14, 2022, 12:56pm UTC](https://boards.straightdope.com/t/federal-ban-on-abortion/962352/83 "2022-04-14T12:56:25Z")
I wonder of the conservatives on SCOTUS will see the success the states are having in banning abortion with Roe still in place and will leave it alone. Texas has effectively almost banned it, and it looks like Kentucky will, too. Other states that want to ban abortion in their state can just follow the lead of those two. ---
**Author:** ![k9bfriender](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/k9bfriender/32/3283_2.png) [@k9bfriender](https://boards.straightdope.com/u/k9bfriender)\ **Post date:** [April 14, 2022, 1:10pm UTC](https://boards.straightdope.com/t/federal-ban-on-abortion/962352/84 "2022-04-14T13:10:43Z")
They can’t just leave it alone. People will challenge the laws, and it will work its way up to SCOTUS one way or another. However they rule, even if they decide not to take the case, will have an effect on reproductive rights one way or another. ---
**Author:** ![RitterSport](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rittersport/32/6326_2.png) [@RitterSport](https://boards.straightdope.com/u/RitterSport)\ **Post date:** [April 14, 2022, 1:16pm UTC](https://boards.straightdope.com/t/federal-ban-on-abortion/962352/85 "2022-04-14T13:16:17Z")
They can just choose not to take the Kentucky law, or the OK law that copies Texas, etc. ---
**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\ **Post date:** [April 14, 2022, 1:17pm UTC](https://boards.straightdope.com/t/federal-ban-on-abortion/962352/86 "2022-04-14T13:17:01Z")
> [@RitterSport](#): > > I wonder of the conservatives on SCOTUS will see the success the states are having in banning abortion with Roe still in place and will leave it alone. Texas has effectively almost banned it, and it looks like Kentucky will, too. Other states that want to ban abortion in their state can just follow the lead of those two. I assume the opposite – the conservatives will overturn Roe because that will look like the _reasonable_ course in light of all the machinations states are going through to effectively outlaw abortion. Then they can strike down the “sue thy neighbor” schemes in TX and OK that are Constitutionally problematic. ---
**Author:** ![RitterSport](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rittersport/32/6326_2.png) [@RitterSport](https://boards.straightdope.com/u/RitterSport)\ **Post date:** [April 14, 2022, 1:21pm UTC](https://boards.straightdope.com/t/federal-ban-on-abortion/962352/87 "2022-04-14T13:21:29Z")
Honestly, that’s my assumption. The “sue thy neighbor” scheme can open the door to too many ways of skirting constitutional protections. So, overturn Roe and then they can piously state, “no, this law is no good.” In the meantime, they’ve left it standing for now, but the risk is that some state will use it to allow individuals to sue those bigoted bakers or something. ---
**Author:** ![k9bfriender](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/k9bfriender/32/3283_2.png) [@k9bfriender](https://boards.straightdope.com/u/k9bfriender)\ **Post date:** [April 14, 2022, 1:25pm UTC](https://boards.straightdope.com/t/federal-ban-on-abortion/962352/88 "2022-04-14T13:25:08Z")
These laws will be appealed. I would think that the courts would overturn them, based on Roe v Wade as precedent. If SCOTUS “leaves them alone” and refuses to take the case at that point, then they are dead in the water. If district courts uphold the laws in spite of Roe V Wade as precedent, then SCOTUS refusing to take the case would mean that the laws stand. Either way, they will get to the point where SCOTUS has to make some sort of decision, even if the decision is just to let the lower court’s decision stand. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [April 14, 2022, 2:50pm UTC](https://boards.straightdope.com/t/federal-ban-on-abortion/962352/89 "2022-04-14T14:50:55Z")
Oklahoma too: > **[Oklahoma governor signs near-total ban on abortion into law | CNN Politics](https://www.cnn.com/2022/04/12/politics/oklahoma-abortion-ban-kevin-stitt/index.html)** > > Oklahoma Republican Gov. Kevin Stitt on Tuesday signed a bill into law that makes performing an abortion illegal in the state, with an exception only in the case of a medical emergency. ---
**Author:** ![Dung\_Beetle](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dung_beetle/32/7945_2.png) [@Dung\_Beetle](https://boards.straightdope.com/u/Dung_Beetle)\ **Post date:** [April 14, 2022, 3:00pm UTC](https://boards.straightdope.com/t/federal-ban-on-abortion/962352/90 "2022-04-14T15:00:14Z")
Interesting article here: > **[The Future of Abortion in a Post-Roe America](https://www.theatlantic.com/magazine/archive/2022/05/roe-v-wade-overturn-abortion-rights/629366/?utm_source=twitter&utm_content=edit-promo&utm_term=2022-04-09T21%3A02%3A08&utm_medium=social&utm_campaign=the-atlantic)** > > Inside the covert network preparing to circumvent restrictions We gotta get ready, y’all. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [April 14, 2022, 3:14pm UTC](https://boards.straightdope.com/t/federal-ban-on-abortion/962352/91 "2022-04-14T15:14:34Z")
Oh yeah…Idaho is trying and nearly there: > **[Idaho Supreme Court Blocks State’s Abortion Ban](https://www.webmd.com/women/news/20220411/idaho-supreme-court-blocks-state-abortion-ban)** ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [April 15, 2022, 12:56am UTC](https://boards.straightdope.com/t/federal-ban-on-abortion/962352/92 "2022-04-15T00:56:49Z")
> [@k9bfriender](#): > > These laws will be appealed. I would think that the courts would overturn them, based on Roe v Wade as precedent. But we will have Dobbs coming out in the meantime. I know that Roberts is trying mightily to chart some sort of middle course where there can be very significant restrictions on abortion but not outright bans, but I think such a position would be even more indefensible than Roe itself, or if I was on the other side, a decision overruling Roe. At least each of those positions have arguable merit. This middle ground that Roberts proposed in oral argument would be the worst of both worlds for each side. ---
**Author:** ![RitterSport](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rittersport/32/6326_2.png) [@RitterSport](https://boards.straightdope.com/u/RitterSport)\ **Post date:** [April 15, 2022, 11:24am UTC](https://boards.straightdope.com/t/federal-ban-on-abortion/962352/93 "2022-04-15T11:24:34Z")
Not really, if you’re a woman who is pregnant in the middle of Texas or something. If you have some means to get an abortion, as stupidly arduous as it might be, it’s better than no means at all. ---
**Author:** ![puzzlegal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puzzlegal/32/3827_2.png) [@puzzlegal](https://boards.straightdope.com/u/puzzlegal)\ **Post date:** [May 3, 2022, 4:10am UTC](https://boards.straightdope.com/t/federal-ban-on-abortion/962352/94 "2022-05-03T04:10:11Z")
Supreme Court is ready to strike down Roe v. Wade, leaked draft shows > **[Supreme Court is ready to strike down Roe v. Wade, leaked draft shows](https://www.washingtonpost.com/politics/2022/05/02/roe-v-wade-supreme-court-draft-politico/)** > > The disclosure Monday by Politico of a draft opinion that it said was circulated by Justice Samuel A. Alito Jr. was an extreme breach of modern Supreme Court protocol. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [May 3, 2022, 5:15am UTC](https://boards.straightdope.com/t/federal-ban-on-abortion/962352/95 "2022-05-03T05:15:16Z")
It was so nice when we still had hope, wasn’t it? ---
**Author:** ![crowmanyclouds](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/crowmanyclouds/32/19884_2.png) [@crowmanyclouds](https://boards.straightdope.com/u/crowmanyclouds)\ **Post date:** [May 3, 2022, 12:56pm UTC](https://boards.straightdope.com/t/federal-ban-on-abortion/962352/96 "2022-05-03T12:56:28Z")
Link that includes the full draft of the ruling, > **[Exclusive: Supreme Court has voted to overturn abortion rights, draft opinion...](https://www.politico.com/news/2022/05/02/supreme-court-abortion-draft-opinion-00029473)** > > “We hold that Roe and Casey must be overruled,” Justice Alito writes in an initial majority draft circulated inside the court. ---
**Author:** ![k9bfriender](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/k9bfriender/32/3283_2.png) [@k9bfriender](https://boards.straightdope.com/u/k9bfriender)\ **Post date:** [May 3, 2022, 1:08pm UTC](https://boards.straightdope.com/t/federal-ban-on-abortion/962352/97 "2022-05-03T13:08:02Z")
When was that again? ---
**Author:** ![Hamlet](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hamlet/32/2818_2.png) [@Hamlet](https://boards.straightdope.com/u/Hamlet)\ **Post date:** [May 4, 2022, 1:09pm UTC](https://boards.straightdope.com/t/federal-ban-on-abortion/962352/98 "2022-05-04T13:09:19Z")
One interesting/troubling/incredibly hypocritical thing about the leaked opinion is that it (very intentionally) avoids mandating that overturning Roe sends the issue to the individual States. Instead, it seems perfectly plausible that the ruling would allow a federal ban on abortions. ---
**Author:** ![Lord\_Feldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lord_feldon/32/341_2.png) [@Lord\_Feldon](https://boards.straightdope.com/u/Lord_Feldon)\ **Post date:** [May 4, 2022, 2:25pm UTC](https://boards.straightdope.com/t/federal-ban-on-abortion/962352/99 "2022-05-04T14:25:56Z")
It would be weird if the court _did_ try to rule on that question in this case. It’s a case about a state law, so whether Congress has the power to regulate abortion is not really relevant one way or the other. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [May 5, 2022, 2:27am UTC](https://boards.straightdope.com/t/federal-ban-on-abortion/962352/100 "2022-05-05T02:27:48Z")
I do not think they would rule on it but congress can read between the lines and make an educated guess if the court would be amenable to letting a federal law stand. [Previous page](https://boards.straightdope.com/t/federal-ban-on-abortion/962352.md?page=4) [Next page](https://boards.straightdope.com/t/federal-ban-on-abortion/962352.md?page=6)