It is very difficult for people overseas to understand this fracas. Since there is no Federal law banning abortion, it follows every one can have one. There is no Federal law banning the driving of motor cars, and so everyone can drive, but the States regulate the conditions, age etc. Even after the end of Prohibition there was no longer a Federal law banning drinking - but some states chose to remain dry. Clearly I don't understand the Federal system. Why did they involve SCOTUS in the first place?
It’s complicated. But at a basic level, when our constitution, as interpreted by the Supreme Court, protects a right, state laws to the contrary are invalid as far as the conflict with the constitution. So by involving the Supreme Court, those who were in favor of abortion could ensure that states that might otherwise ban it would be prohibited from doing so to the extent it conflicted with what the court found was protected by the constitution. The danger in doing something like that is precisely what you’re seeing now; the court can change its interpretation based on the composition of the court and overrule past interpretations that the current court believes were erroneous. I hope that helps. If the current decision of the supreme court holds, then the state governments will be able to regulate abortions as they see fit.
It is very difficult for people overseas to understand this fracas. Since there is no Federal law banning abortion, it follows every one can have one. There is no Federal law banning the driving of motor cars, and so everyone can drive, but the States regulate the conditions, age etc. Even after the end of Prohibition there was no longer a Federal law banning drinking - but some states chose to remain dry. Clearly I don't understand the Federal system. Why did they involve SCOTUS in the first place?
It’s complicated. But at a basic level, when our constitution, as interpreted by the Supreme Court, protects a right, state laws to the contrary are invalid as far as the conflict with the constitution. So by involving the Supreme Court, those who were in favor of abortion could ensure that states that might otherwise ban it would be prohibited from doing so to the extent it conflicted with what the court found was protected by the constitution. The danger in doing something like that is precisely what you’re seeing now; the court can change its interpretation based on the composition of the court and overrule past interpretations that the current court believes were erroneous. I hope that helps. If the current decision of the supreme court holds, then the state governments will be able to regulate abortions as they see fit.