Quote:
Originally Posted by Elphaba
Samcol: samcol, neither congress nor scotus are in the position to outlaw abortion. Only the individual states can pass abortion related legislation. Scotus steps in when that legislation fails to take into account the health of the mother.
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Actually both bodies are in possitions to do both but in very different ways. Congress could outlaw abortion in Washington, DC and they could also get creative and do what they did to the states when they wanted the drinking age raised - tie abortion to funds that the states desperately need. In the 70's and 80's there were a few states that held out as long as they could on the drinking age (LA and WI are the most notable), but Congress made raising the drinking age a prerequisite for getting any highway funds. They could do the same with Medicare, i.e. the states aren't going to get any unless they outlaw abortion at all stages and circumstances. However, the chances of this actually getting through for a vote are so remote it's really not worth talking about. Practically speaking, any legislation of this sort would come from the states well before it hit congressionally.
As far as SCOTUS goes, please remember that that there are dozens of abortion cases submitted to the Court every year. If the justices decide that they want to be activists (which might actually kill Scalia), then they could find a case and excuse to overturn Roe. The chances of that happening are also diminishingly small at this point, although Roberts has not had a chance to really assert himself and Alito is still very much an unknown. The most likely way for an overturn would be for a state to pass some sort of partial or total ban so that SCOTUS could review it. Overturning Roe at this point is the only chance, and I doubt that will happen any time soon, despite the far right's desperate hopes.