# What happens if the supreme court overturns roe vs wade

**URL:** <https://boards.straightdope.com/t/what-happens-if-the-supreme-court-overturns-roe-vs-wade/271953>\
**Category:** Factual Questions\
**Created:** [October 30, 2004, 12:56am UTC](https://boards.straightdope.com/t/what-happens-if-the-supreme-court-overturns-roe-vs-wade/271953 "2004-10-30T00:56:29Z")\
**Posts on this page:** 1\
**Page:** 3

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**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\
**Post date:** [November 1, 2004, 4:44pm UTC](https://boards.straightdope.com/t/what-happens-if-the-supreme-court-overturns-roe-vs-wade/271953/41 "2004-11-01T16:44:26Z")

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> [@Polycarp](#):
>
> I think we have to be clear that, contrary to some demagogic remarks, courts do not legislate. What they do is decide individual cases as they come before them, and in so doing, set precedent which other courts may, and in some cases are obliged to, follow, in dealing with similar cases.

Do not legislate or should not legislate?

**Polycarp** has put a finger on one of the oldest jurisprudential debates going. And it is not a topic for GQ. There are many who would argue that courts legislate all the time. The debate is about:

a. whether it is possible for them not to legislate  
b. whether it is a good idea for them to legislate; and  
c. what they ought to do if they cannot legislate and the existing legislature-made law provides no clear answer.

And recall, too, that some of the earliest 14th Amendment due process cases involved the Court striking down social welfare legislation, not imposing it.

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