# Supreme Court has overturned Roe v. Wade (No longer a draft as of 06-24-2022.)

**URL:** <https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862>\
**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:** 5

<div class="post-metadata">

**Author:** ![Bootb](https://avatars.discourse-cdn.com/v4/letter/b/e19b73/32.png) [@Bootb](https://boards.straightdope.com/u/Bootb)\
**Post date:** [May 3, 2022, 4:49am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/84 "2022-05-03T04:49:17Z")

</div>

> [@Euphonious\_Polemic](#):
>
> I do stand by my earlier statement that this is going to be bad - very bad - for the red states that quash abortion rights, and will hasten their fall into irrelevancy.

Both the Electoral Collage, and the Constitution in general, will need to be vastly changed before such states fall into “irrelevancy.”

---

<div class="post-metadata">

**Author:** ![Bootb](https://avatars.discourse-cdn.com/v4/letter/b/e19b73/32.png) [@Bootb](https://boards.straightdope.com/u/Bootb)\
**Post date:** [May 3, 2022, 4:56am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/85 "2022-05-03T04:56:19Z")

</div>

> [@jsc1953](#):
>
> What does this say about _stare decisis_ ? How many precedents will no longer be in effect, just because the current supremes don’t like 'em anymore?
> 
> it seems like not only has Roe collapsed, but it’s taken the SCOTUS with it.

> [@Aspenglow](#):
>
> As scary as this proposed decision is, your point is the one that frightens me the most. If _stare decisis_ is no longer binding on the SCOTUS, they really can do whatever the fuck they want.

Contrary to what modern liberals say, precedent never has been the end-all, be-all that you folks make it out to be.

If it were, you would **have to** contend that Brown v. Board of Education was incorrectly decided, because it did not uphold the _stare decisis_ of Plessy v. Ferguson.

---

<div class="post-metadata">

**Author:** ![Bootb](https://avatars.discourse-cdn.com/v4/letter/b/e19b73/32.png) [@Bootb](https://boards.straightdope.com/u/Bootb)\
**Post date:** [May 3, 2022, 4:59am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/86 "2022-05-03T04:59:10Z")

</div>

> [@jsc1953](#):
>
> It feels like the country has been in a glacially-paced civil war since 1972. Today the pace picked up; the 26 “trigger law” states have de facto seceded, with the blessing of the SCOTUS.

Overreact much? All this does is return things to the pre-Roe status quo. Apparently you feel that the country has been truly united only since Roe was handed down – which, considering the enduring controversy over the decision, is a truly bizarre point of view.

---

<div class="post-metadata">

**Author:** ![DeadTreasSecretaries](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/deadtreassecretaries/32/4817_2.png) [@DeadTreasSecretaries](https://boards.straightdope.com/u/DeadTreasSecretaries)\
**Post date:** [May 3, 2022, 5:01am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/87 "2022-05-03T05:01:12Z")

</div>

> [@Leaper](#):
>
> We liberals fear that Alito and his brethren aren’t being impartial arbiters of the law. My question is, how would we know either way? It feels like a lot of the answers I see are results-oriented, but I haven’t see anyone explain why that should be the case, or how that would be any different from what we think Alito is doing.

Not to belabor the Brown v. Board of Ed. discussion but…

What if the justices who ruled on that were purely motivated by a legal philosophy about precedent, textualism etc.? Alternatively what if they ruled entirely because they thought racial segregation was immoral? Presumably we all now think it was the right decision because racial segregation is immoral - does it matter if the justices who decided it genuinely thought their ruling didn’t actually have to do with the practical and moral consequences of America’s racist laws?

---

<div class="post-metadata">

**Author:** ![CaptMurdock](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/captmurdock/32/11736_2.png) [@CaptMurdock](https://boards.straightdope.com/u/CaptMurdock)\
**Post date:** [May 3, 2022, 5:04am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/88 "2022-05-03T05:04:07Z")

</div>

> [@Bootb](#):
>
> **Contrary to what modern liberals say** , precedent never has been the end-all, be-all that you folks make it out to be.

What “modern liberals” are you talking to?

---

<div class="post-metadata">

**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, 5:05am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/89 "2022-05-03T05:05:52Z")

</div>

> [@CaptMurdock](#):
>
> What “modern liberals” are you talking to?

You know, woke activists like John Marshall.

---

<div class="post-metadata">

**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, 5:07am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/90 "2022-05-03T05:07:19Z")

</div>

All those Liberals in Strawsechucetts, Straw York, and Strawlinois.

---

<div class="post-metadata">

**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, 5:08am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/91 "2022-05-03T05:08:19Z")

</div>

Irrelevant in terms of economic strength, health of population, education, environmental degradation etc. They will increasingly become third world basket cases.

---

<div class="post-metadata">

**Author:** ![CaptMurdock](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/captmurdock/32/11736_2.png) [@CaptMurdock](https://boards.straightdope.com/u/CaptMurdock)\
**Post date:** [May 3, 2022, 5:08am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/92 "2022-05-03T05:08:22Z")

</div>

I hope he careful with those matches…

---

<div class="post-metadata">

**Author:** ![jsc1953](https://avatars.discourse-cdn.com/v4/letter/j/5daacb/32.png) [@jsc1953](https://boards.straightdope.com/u/jsc1953)\
**Post date:** [May 3, 2022, 5:10am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/93 "2022-05-03T05:10:46Z")

</div>

> [@Bootb](#):
>
> Overreact much? All this does is return things to the pre-Roe status quo. Apparently you feel that the country has been truly united only since Roe was handed down – which, considering the enduring controversy over the decision, is a truly bizarre point of view.

Bizarre because you got it backwards. The country started coming apart with Roe v Wade…today made it official.

---

<div class="post-metadata">

**Author:** ![Lantern2](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lantern2/32/3010_2.png) [@Lantern2](https://boards.straightdope.com/u/Lantern2)\
**Post date:** [May 3, 2022, 6:47am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/94 "2022-05-03T06:47:58Z")

</div>

Not a huge shock though my guess was that Roe would be weakened rather than completely overturned. Of course we still don’t know what exactly is going on inside SCOTUS and what the leaker was trying to achieve.

As to political impact it’s tricky. Polling indicates strong support for Roe but the polls are closer when you ask about abortion rights directly though still leaning pro-choice.

> **[Religious Landscape Study](https://www.pewresearch.org/religion/religious-landscape-study/compare/views-about-abortion/by/state/)**
>
> Explore the geographic distribution and demographics of America's major religious groups.

State by state there is a lot of variation but generally the purple states lean pro-choice, e.g. Florida 56-39. Of course polls can’t tell you about intensity and what the single-issue voters think.

Broadly speaking though I think the Democrats will benefit if Roe is in fact fully overturned. Maybe not enough to defend their majorities in the mid-term but definitely in 2024.

---

<div class="post-metadata">

**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\
**Post date:** [May 3, 2022, 7:10am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/95 "2022-05-03T07:10:51Z")

</div>

> [@Martin\_Hyde](#):
>
> 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.

Then Alito should rule in favor of abortions because abortions have been legal throughout most American history. The first laws criminalizing abortion in the United States were enacted in 1880. They were overturned in 1973.

So abortions have been completely legal for 153 of the 246 years the country has existed (and were legal in many states during the 93 year period when they were not legal in all of the states). So the right to have an abortion clearly has a strong basis in the history and traditions of the country.

---

<div class="post-metadata">

**Author:** ![Cervaise](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cervaise/32/16693_2.png) [@Cervaise](https://boards.straightdope.com/u/Cervaise)\
**Post date:** [May 3, 2022, 7:57am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/96 "2022-05-03T07:57:09Z")

</div>

Alito would change his rationale so fast the goalposts would redshift.

(Not saying you don’t know this, of course.)

If there’s an upside to any of this, it’s that the longstanding fig leaf of elevated judicial objectivity may finally be ripped away, so emphatically that even the most detached observers will see it. The Court has always been a channel for pursuing political ends; at the best of times, it’s simply a barometer for the degree of change the majority will find palatable, while at the worst of times, such as now, the seizing of the Court by aggressive cultural terrorists makes it a vehicle for oppression, destruction, and death. It’s long past time for people to understand what’s truly at stake.

---

<div class="post-metadata">

**Author:** ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)\
**Post date:** [May 3, 2022, 9:35am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/97 "2022-05-03T09:35:13Z")

</div>

> [@Smapti](#):
>
> 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.

Yeah. There’s been half a century to do that.

Here’s the reality: a lot of male Democrats don’t take this personally because they’re men and it doesn’t directly affect them. A bunch of Democrat women have sufficient personal funds they can travel from an anti-abortion state to one that allows abortion, just like middle-class to wealthy women would do in 1970. There’s another slice who are poor women with few resources and less time to worry about such things who for various reasons don’t vote and don’t consider such things until they find themselves in “a delicate way” and are stuck where they are.

Whereas the opposition are motivated by the thought they’re preventing murder and have no compunction about taking control of other people.

I’m expecting to lose abortion rights in the US. I don’t like that, I’m opposed to that, but I don’t see _Roe_ existing next year at this time.

> [@Snarky\_Kong](#):
>
> 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.

Yep. Because the same unwritten “right to privacy” that underlay _Roe_ is also a major justification for things like access to birth control, striking down anti-sodomy laws, laws interfering with what consenting adults do regardless of whether or not they’re married, and same-sex marriage.

Striking down abortion is the beginning, not the end.

---

<div class="post-metadata">

**Author:** ![The\_Other\_Waldo\_Pepper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/the_other_waldo_pepper/32/12370_2.png) [@The\_Other\_Waldo\_Pepper](https://boards.straightdope.com/u/The_Other_Waldo_Pepper)\
**Post date:** [May 3, 2022, 9:50am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/98 "2022-05-03T09:50:26Z")

</div>

> [@Broomstick](#):
>
> Whereas the opposition are motivated by the thought they’re preventing murder and have no compunction about taking control of other people.

If you ask me to vote in a plebiscite, I’d vote for abortion to be legal; I guess you’d say that’s due to my motivations. But if you ask me whether I think **Roe** was decided wrongly, I’d say _“I’ve always thought ‘egregiously’ sounds about right.”_

---

<div class="post-metadata">

**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:** [May 3, 2022, 10:02am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/99 "2022-05-03T10:02:16Z")

</div>

> [@The\_Other\_Waldo\_Pepper](#):
>
> I’d say _“I’ve always thought ‘egregiously’ sounds about right.”_

Can you elaborate?

---

<div class="post-metadata">

**Author:** ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)\
**Post date:** [May 3, 2022, 10:09am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/100 "2022-05-03T10:09:15Z")

</div>

> [@Euphonious\_Polemic](#):
>
> > [@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.

I suspect there are some people in favor of that, yes… (NOT my position!)

> [@Euphonious\_Polemic](#):
>
> Could they not decide that was bad law all along, and decided under “incredibly weak” justification?

What bans slavery in the US is not a law, it’s a constitutional amendment. They’re a lot harder to overturn.

---

<div class="post-metadata">

**Author:** ![The\_Other\_Waldo\_Pepper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/the_other_waldo_pepper/32/12370_2.png) [@The\_Other\_Waldo\_Pepper](https://boards.straightdope.com/u/The_Other_Waldo_Pepper)\
**Post date:** [May 3, 2022, 10:23am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/101 "2022-05-03T10:23:37Z")

</div>

> [@Love\_Rhombus](#):
>
> > [@The\_Other\_Waldo\_Pepper](#):
> >
> > I’d say _“I’ve always thought ‘egregiously’ sounds about right.”_
> 
> Can you elaborate?

To the best of my knowledge, the Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion; it appears to be a matter for the people and their elected representatives. I’m not big on proving a negative, but I see the bit about how old you have to be — and how long you have to have been a Citizen of the United State — to become a Senator; likewise, I see the bit about quartering soldiers in my house in time of peace; and I see stuff about the right of trial by jury, and the right of the people to keep and bear arms, and a whole bunch of other things. But, try as I might, I don’t see abortion there; possibly I missed it? And, if this leak is accurate, possibly Alito missed it, and so on?

But it seems to me it’s mere accuracy.

---

<div class="post-metadata">

**Author:** ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)\
**Post date:** [May 3, 2022, 10:25am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/102 "2022-05-03T10:25:01Z")

</div>

> [@Euphonious\_Polemic](#):
>
> I do stand by my earlier statement that this is going to be bad - very bad - for the red states that quash abortion rights, and will hasten their fall into irrelevancy.

No matter how crappy red states become each and every one of them will still have two votes in the Senate and at least one in the House. We’re heading towards a situation where a backward, ignorant, theocratic/autocratic minority will be able to exert an exaggerated power and influence over the majority of the population.

---

<div class="post-metadata">

**Author:** ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)\
**Post date:** [May 3, 2022, 10:25am UTC](https://boards.straightdope.com/t/supreme-court-has-overturned-roe-v-wade-no-longer-a-draft-as-of-06-24-2022/963862/103 "2022-05-03T10:25:49Z")

</div>

> [@Velocity](#):
>
> What’s the benefit of publishing in advance like this?

They didn’t publish, it was leaked.

[Previous 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=4)

[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=6)
