It’s not that hard to imagine, actually. Whoever owns the federal government will eventually warm to the idea of using it.
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by Tim F| 8 Comments
This post is in: Politics
It’s not that hard to imagine, actually. Whoever owns the federal government will eventually warm to the idea of using it.
Comments are closed.
LITBMueller
Heh heh. Brought to you by the “Federalist” Society(tm)!!!
Steve
One of the most commonly-accepted canards is that if Roe v. Wade were ever reversed, the abortion issue would return to the states. Even when you point out that Congress has already passed an abortion statute (the “partial-birth abortion ban act”), nobody wants to believe this. I’d have an easier time convincing people that Kelo was correctly decided.
The Pirate
Can we please stop butchering this expression? When people in the old days said “The King is dead, long live the King” the second part of the phrase didn’t refer to the recently deceased King, it referred to the prince who had just become King. Otherwise it would have been silly. So the correct usage here would be “Federalism is dead, long live making shit up to fit your agenda”
Zifnab
If Roe gets overturned, power will – at least temporarily – return to the states. There are some five or six states with laws already on the books that would become immediately enforcable and enforced should Roe fall. After the initial groundswell of state-based abortion bans, we could potentially see a federal law go into effect. However, I suspect the GOP would want to drag something like this out. Abortion is one of the few winning fronts Republicans have left. I can’t seem them shooting their loads all at once.
Mona
Which, in my view, is the constitutionally sound state of affairs. However, we now have a populist GOP with bench appointees who, in too many instances, will abandon federalism in a heartbeat, if it means achieving the “moral” result they believe should apply nation-wide. I do believe that if Roe were overturned, they would attempt to criminalize abortion on the federal level.
The modern GOP, as embodied by Bush, Frist et al., is an abomination and betrayal of long-ballyhooed principles of conservatism on so many fronts, it is staggering.
Steve
Mona gets it. It’s not about whether a GOP majority in Congress would do anything about abortion – that’s a political issue. The question is whether they have the power. And the answer is, even though the present Court is fairly close to rolling back Roe and Caseey in whole or in part, they are nowhere near a vision of federalism that would forbid Congress from legislating on abortion.
Yes, in a fantasyland of 5 Clarence Thomases, it would play out that way. But good luck ever getting there, especially with Republicans in complete control of the federal government. As Tim suggests in this post, the party in charge has very little incentive to go around nominating judges who will restrict their power, even if they got elected by campaigning on limited government in the first place.
Sine.Qua.Non
How……very appropriate.
I wish someone would make a birth control pill for men, then maybe, the government would leave women alone. Ofcourse, then women, would have to trust that they actually took the pill every single day. You just can’t win.
rachel
I wonder how popular all this anti-abortion legislation will be with certain men (like the married asshole who got my teenage sister pregnan) once they realize that now that there’s DNA testing to prove paternity, it’s not going to be as easy as it used to be to dump your baby and its mother.