Roe v. Wade Hypothetical

[Brandon H]

Overturn it definitely. Whether to leave it to the states or ban is interesting question. To put a federal ban on all abortions if the issue is a simple challenge to Roe v. Wade would be judicial activism in the same way Roe itself was. If the case was to challenge that unborn children have rights, then that is a different matter.

This also leads to the following situation: if the Supreme Court outlawed abortion, and someone aborted a baby, is this a federal crime or a state crime? If it is a state crime and someone in a strong liberal state aborts a baby, would a judge, jury, and DA uphold the charges and proceed with a trial, or would they drop charges or acquit the defendant under the belief that while an abortion was committed, a crime was not committed? I'm sure this situation was not uncommon in the pre-civil rights error where a white jury would be very unlikely to convict a white person for murdering a black person.

Of course what everyone needs to remember is that Congress, not the courts, make laws. Congress has the power to overturn Roe v. Wade but won't do it. Many Republicans don't want to do so because they would lose one of their strongest campaign tactics.

[Brandon H]

Option 2 would be the wrong way to do the right thing.

Option 3 is more in line with the Constitution, even if it allows some states to be wrong.