# What will SCOTUS do if Women Prevail in the Election and Pass National Abortion Access? **URL:** \ **Category:** Politics & Elections\ **Created:** [August 20, 2024, 4:09pm UTC](https://boards.straightdope.com/t/what-will-scotus-do-if-women-prevail-in-the-election-and-pass-national-abortion-access/1005947 "2024-08-20T16:09:58Z")\ **Posts on this page:** 6\ **Page:** 3
**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:** [August 21, 2024, 7:43am UTC](https://boards.straightdope.com/t/what-will-scotus-do-if-women-prevail-in-the-election-and-pass-national-abortion-access/1005947/41 "2024-08-21T07:43:51Z")
> [@dtilque](#): > > So that points the way to get an abortion rights amendment passed. Which would be a mistake. If we’re going to all this trouble it should be a much broader medical privacy amendment. ---
**Author:** ![dtilque](https://avatars.discourse-cdn.com/v4/letter/d/d6d6ee/32.png) [@dtilque](https://boards.straightdope.com/u/dtilque)\ **Post date:** [August 21, 2024, 8:25am UTC](https://boards.straightdope.com/t/what-will-scotus-do-if-women-prevail-in-the-election-and-pass-national-abortion-access/1005947/42 "2024-08-21T08:25:29Z")
> [@crowmanyclouds](#): > > Which would be a mistake. If we’re going to all this trouble it should be a much broader medical privacy amendment. Any amendment should explicitly state that having an abortion is a right. It may also say other things such as you suggest, but you don’t want to give the courts room to weasel around the wording by not making it explicit. Also perhaps something explicit to make the disposal of unused embryos fertilized _in vitro_ not a crime. ---
**Author:** ![Max\_S](https://avatars.discourse-cdn.com/v4/letter/m/46a35a/32.png) [@Max\_S](https://boards.straightdope.com/u/Max_S)\ **Post date:** [August 21, 2024, 10:30pm UTC](https://boards.straightdope.com/t/what-will-scotus-do-if-women-prevail-in-the-election-and-pass-national-abortion-access/1005947/43 "2024-08-21T22:30:51Z")
> [@Saint\_Cad](#): > > Not quite 28 USC In addition to the cases I already cited, see as a counter example _New York v. United States_, 505 U.S. 144 (1992). Regardless of the U.S. Code, the Constitution’s grant of original jurisdiction is self-executing. That was part of the first significant decision the Supreme Court made, _Chisholm v. Georgia_, 2 U.S. 419 (1793), and it lead to the Eleventh Amendment because as originally written, and not within the power of Congress to fix by law, the Supreme Court had original jurisdiction over cases brought by a citizen of one State against another State. ~Max ---
**Author:** ![Moriarty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/moriarty/32/49_2.png) [@Moriarty](https://boards.straightdope.com/u/Moriarty)\ **Post date:** [August 22, 2024, 12:49am UTC](https://boards.straightdope.com/t/what-will-scotus-do-if-women-prevail-in-the-election-and-pass-national-abortion-access/1005947/44 "2024-08-22T00:49:28Z")
> [@Max\_S](#): > > it lead to the Eleventh Amendment because as originally written, and not within the power of Congress to fix by law, the Supreme Court had original jurisdiction over cases brought by a citizen of one State against another State. Right, and now they don’t. States retain sovereign immunity against lawsuits by citizens of any state (including their own). Meaning the U.S. Supreme Court can no longer hear these cases as a trial court. So the Supreme Court would only hear an abortion case on appeal. But Congress has the power to strip the Supreme Court of that jurisdiction. Article 3 of the constitution says, in part > [@](#): > > In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, **with such Exceptions, and under such Regulations as the Congress shall make.** So, if Congress can pass a law providing a national right to abortion, they can also include in that law that “The U.S. Supreme Court does not have jurisdiction to review this law.” ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [August 22, 2024, 12:55am UTC](https://boards.straightdope.com/t/what-will-scotus-do-if-women-prevail-in-the-election-and-pass-national-abortion-access/1005947/45 "2024-08-22T00:55:55Z")
If so, it leads to a patchwork, where challenges to the law are brought in the federal courts or state courts, with no way to reach a final decision. If the Supreme Court of Alabama were to hold the federal statute to be unconstitutional, that would be the final ruling in Alabama. (Using Alabama as an example, in light of their IVF ruling.) Different federal circuits might reach different rulings, with no way to appeal. ---
**Author:** ![Max\_S](https://avatars.discourse-cdn.com/v4/letter/m/46a35a/32.png) [@Max\_S](https://boards.straightdope.com/u/Max_S)\ **Post date:** [August 22, 2024, 5:47am UTC](https://boards.straightdope.com/t/what-will-scotus-do-if-women-prevail-in-the-election-and-pass-national-abortion-access/1005947/46 "2024-08-22T05:47:26Z")
> [@Moriarty](#): > > Meaning the U.S. Supreme Court can no longer hear these cases as a trial court. In that chain of posts, “these cases” were cases where a State initiated the action (“those in which a State shall be a Party”) against the United States or an officer thereof. And the Supreme Court did in fact hear the cases under its original jurisdiction. ~Max [Previous page](https://boards.straightdope.com/t/what-will-scotus-do-if-women-prevail-in-the-election-and-pass-national-abortion-access/1005947.md?page=2)