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Overturning Roe v Wade2005-07-21 07:42:41rambaldi


I find it so hypocritical of the religious right and their attempts and statements to overturn Roe V Wade in the new appointees. But the Supreme Court can't overturn it. If it were to happen, first the states would have to make a law forbidding all abortions then someone would have to file a case in federal court for an injuction against enforcement of that law on the basis that it violate Roe. Then the losing party would have to appeal to the appeals court and then the losing party would have to appeal to the Supreme Court. They would have to determine whether the law violates the constitutional holdings in Roe. Or if someone got charged with violated a law prohibiting abortion, they would try to get the law declared unconstitional, and if losing keep going higher. Since it is unlikely that cases would continue to go higher, it would not make the Supreme court. Those that would keep taking it higher would show that they disregard the rulings by the Supreme Court. The mixing of religion and state makes no sense.