# Supreme Court has overturned Roe v. Wade (No longer a draft as of 06-24-2022.) **URL:** \ **Category:** Politics & Elections\ **Tags:** roe\_vs\_wade\_abortion\ **Created:** [May 3, 2022, 1:04am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862 "2022-05-03T01:04:52Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Martin\_Hyde](https://avatars.discourse-cdn.com/v4/letter/m/47e85d/32.png) [@Martin\_Hyde](https://boards.straightdope.com/u/Martin_Hyde)\ **Post date:** [May 3, 2022, 1:04am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/1 "2022-05-03T01:04:52Z")
I believe this is without precedent, for a draft opinion to release before publication, and until publication it is not the official opinion of the court. However, that being said, reliable journalism is circulating the draft copy of Alito’s opinion (link below to the Politico article that broke it), Alito’s opinion holds that Roe and Casey were bad law all along, and decided under “incredibly weak” justification. [Supreme Court has voted to overturn abortion rights, draft opinion shows - POLITICO](https://www.politico.com/news/2022/05/02/supreme-court-abortion-draft-opinion-00029473) ---
**Author:** ![Smapti](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smapti/32/17938_2.png) [@Smapti](https://boards.straightdope.com/u/Smapti)\ **Post date:** [May 3, 2022, 1:30am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/2 "2022-05-03T01:30:04Z")
Democrats need to run on abortion rights in all 50 states and make it THE issue of this election - vote for us and we’ll shore up protections for abortion under state law. The overwhelming majority of Americans are pro-choice and this is a winning platform. ---
**Author:** ![not\_what\_you\_d\_expect](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/not_what_you_d_expect/32/3246_2.png) [@not\_what\_you\_d\_expect](https://boards.straightdope.com/u/not_what_you_d_expect)\ **Post date:** [May 3, 2022, 1:00am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/3 "2022-05-03T01:00:00Z")
> **[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. Holy cow. I’m going to throw up if this goes through. ---
**Author:** ![Euphonious\_Polemic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/euphonious_polemic/32/3002_2.png) [@Euphonious\_Polemic](https://boards.straightdope.com/u/Euphonious_Polemic)\ **Post date:** [May 3, 2022, 1:21am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/4 "2022-05-03T01:21:52Z")
This, IMO, is going to hasten the downward spiral of the “red states”. There is going to be a flood of movement of people and corporations out of regressive areas, and into those states that respect rights of women. States like Mississippi and Alabama etc. are going to go even further into the toilet. ---
**Author:** ![rocking\_chair](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rocking_chair/32/2918_2.png) [@rocking\_chair](https://boards.straightdope.com/u/rocking_chair)\ **Post date:** [May 3, 2022, 1:22am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/5 "2022-05-03T01:22:38Z")
This is going to be really bad. ---
**Author:** ![Snarky\_Kong](https://avatars.discourse-cdn.com/v4/letter/s/a183cd/32.png) [@Snarky\_Kong](https://boards.straightdope.com/u/Snarky_Kong)\ **Post date:** [May 3, 2022, 1:35am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/9 "2022-05-03T01:35:22Z")
Only the beginning. The GOP will own the court for the next 30 years. Gay marriage and probably some other stuff is going to go too. ---
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [May 3, 2022, 1:36am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/10 "2022-05-03T01:36:40Z")
Interracial marriage and access to birth control also. ---
**Author:** ![Aspenglow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aspenglow/32/76_2.png) [@Aspenglow](https://boards.straightdope.com/u/Aspenglow)\ **Post date:** [May 3, 2022, 1:36am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/11 "2022-05-03T01:36:49Z")
I wonder how this decision (if in fact it goes through as drafted) will be received by women who may be forced to give birth, especially if raped. I think Democrats have the issue that will galvanize women to vote in the mid-terms. ---
**Author:** ![Martin\_Hyde](https://avatars.discourse-cdn.com/v4/letter/m/47e85d/32.png) [@Martin\_Hyde](https://boards.straightdope.com/u/Martin_Hyde)\ **Post date:** [May 3, 2022, 1:37am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/12 "2022-05-03T01:37:20Z")
Alito’s draft opinion already alludes to that @Snarky_Kong , in his phrasing, an unenumerated right (like abortion) can only be protected by the courts where they have a strong basis in the history and traditions of the country. He specifically mentions both Lawrence v Texas (sodomy) and Obergefell v. Hodges as being likewise poorly decided. The only thing that would perhaps save those rulings would be one of the five who agreed to overturn Roe with him balking on those, which I would not count on. ---
**Author:** ![PastTense](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pasttense/32/14550_2.png) [@PastTense](https://boards.straightdope.com/u/PastTense)\ **Post date:** [May 3, 2022, 1:37am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/13 "2022-05-03T01:37:21Z")
There are often exceptions even in very red states: save the life of the mother, rape, incest, sometimes major genetic defects. How are these dealt with in the draft? ---
**Author:** ![Martin\_Hyde](https://avatars.discourse-cdn.com/v4/letter/m/47e85d/32.png) [@Martin\_Hyde](https://boards.straightdope.com/u/Martin_Hyde)\ **Post date:** [May 3, 2022, 1:38am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/14 "2022-05-03T01:38:35Z")
The ruling does not make abortion illegal, it leaves it up to the States. Whatever exceptions are written into State laws would still apply. I’ll note there has been a movement away from all of those exceptions in recent years, red states have been passing laws that eliminate the rape and incest exception, as well as watering down the health of the mother exception by requiring convoluted hoops being jumped through to justify the medical exception being granted. ---
**Author:** ![dummygladhands71](https://avatars.discourse-cdn.com/v4/letter/d/c0e974/32.png) [@dummygladhands71](https://boards.straightdope.com/u/dummygladhands71)\ **Post date:** [May 3, 2022, 1:43am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/15 "2022-05-03T01:43:36Z")
Rachel Maddow referred to some kind of “trigger” laws in some states, where apparently if Roe is overturned, those states automatically ban all abortions, can someone please explain? ---
**Author:** ![Horatius](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/horatius/32/3572_2.png) [@Horatius](https://boards.straightdope.com/u/Horatius)\ **Post date:** [May 3, 2022, 1:45am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/16 "2022-05-03T01:45:33Z")
> [@Martin\_Hyde](#): > > The ruling does not make abortion illegal, it leaves it up to the States. But considering the things the states have been doing, as you pointed out, this is a distinction without a difference. Everyone (including the Justices who support this ruling) know exactly what’s going to happen to abortion in the Red States. Pretending otherwise serves no useful purpose. ---
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [May 3, 2022, 1:45am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/17 "2022-05-03T01:45:41Z")
> [@dummygladhands71](#): > > Rachel Maddow referred to some kind of “trigger” laws in some states, where apparently if Roe is overturned, those states automatically ban all abortions, can someone please explain? 26 or so states have already enacted laws that will restrict abortion rights as soon as the Supreme Court overturns _Roe_ ---
**Author:** ![Euphonious\_Polemic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/euphonious_polemic/32/3002_2.png) [@Euphonious\_Polemic](https://boards.straightdope.com/u/Euphonious_Polemic)\ **Post date:** [May 3, 2022, 1:46am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/18 "2022-05-03T01:46:42Z")
> [@Martin\_Hyde](#): > > an unenumerated right (like abortion) can only be protected by the courts where they have a strong basis in the history and traditions of the country. Is a return to slavery on the table? It has a strong basis in history and tradition. ---
**Author:** ![Martin\_Hyde](https://avatars.discourse-cdn.com/v4/letter/m/47e85d/32.png) [@Martin\_Hyde](https://boards.straightdope.com/u/Martin_Hyde)\ **Post date:** [May 3, 2022, 1:47am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/19 "2022-05-03T01:47:17Z")
Let’s not delve into hyperbole here. > [@](#): > > Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. ---
**Author:** ![Aspenglow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aspenglow/32/76_2.png) [@Aspenglow](https://boards.straightdope.com/u/Aspenglow)\ **Post date:** [May 3, 2022, 1:47am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/20 "2022-05-03T01:47:19Z")
What do you want to have explained? You seem to have stated what the “trigger” laws will do very succinctly. _Roe_ is overturned, trigger laws immediately go into effect and abortions will instantly be banned in all states where such laws have passed. ---
**Author:** ![Euphonious\_Polemic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/euphonious_polemic/32/3002_2.png) [@Euphonious\_Polemic](https://boards.straightdope.com/u/Euphonious_Polemic)\ **Post date:** [May 3, 2022, 1:48am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/21 "2022-05-03T01:48:55Z")
> [@Martin\_Hyde](#): > > Let’s not delve into hyperbole here. Could they not decide that was bad law all along, and decided under “incredibly weak” justification? ---
**Author:** ![Martin\_Hyde](https://avatars.discourse-cdn.com/v4/letter/m/47e85d/32.png) [@Martin\_Hyde](https://boards.straightdope.com/u/Martin_Hyde)\ **Post date:** [May 3, 2022, 1:51am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/22 "2022-05-03T01:51:02Z")
Uh, I had assumed your original statement was semi-joking, if it was serious: no they could not. The 13th Amendment is black letter part of the constitution, to literally rule it is bad law would simply not be constitutionally valid exercise of judicial review. It would be like Trump crowning himself King after his 2nd term ends instead of retiring. It’s in the category of “illegal and unconstitutional things that could happen”, and that then means we no longer have a functioning government and we are then in a constitutional crisis in which likely things beyond the arguments of law will determine the matter. ---
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [May 3, 2022, 1:52am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/23 "2022-05-03T01:52:28Z")
> [@Martin\_Hyde](#): > > Let’s not delve into hyperbole here. > > > [@](#): > > > > Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Nevertheless, slavery as a practical matter existed well into the 20th century, through the black codes, penal codes that forced black people into unpaid labor as a punishment for bullahit crimes, like walking along the railroad. Or conducting commerce after sunset. This was even before chain gangs. [Next page](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862.md?page=2)