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MAJ USA RET
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Some Democrats
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5/11/2022 3:25:26 PM (updated 5/11/2022 3:28:18 PM)
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There are TWO (Constitutional) reponses to the overturning of Roe V Wade (should it happen):
Number 1
Article the twelfth [Amendment X] - "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
IF the Supreme Court follows the Constitution and overturns Roe v Wade based on the 10th Amendment, then YOU vote for or against abortion in your state if or when it appears on a ballot.
If indeed 70% of citizens approve of abortion(a), then abortion will be codified at the state level (unless, of course the state already has an abortion law already on the books and its citizens are in agrrement with such).
Number 2
Article. V. - "The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress…"
If indeed 70% of citizens approve of abortion, then abortion can codified, at the federal level, by amending the Constitution. This is not likely as YOUR us senators and congessmen generally don't pay any attention to you and your fellow constituents except to play to your emotions during election season. A Constitutional convention - not going to happen (yet).
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As Ruth Bader Ginsberg stated with respect to the passage of Roe v Wade, The Court had “fashion(ed) a regime blanketing the subject, a set of rules that displaced virtually every state law then in force,” Ginsburg wrote forcefully in 1992 in the wake of Planned Parenthood v. Casey. She foresaw the revisitation of the constitutionally troubled Roe v Wade decision.
(a) ALL states have addressed abortion to some degree. If the 70% statistic is true, then abortion will not be banned in any state.
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(This posting does not in any way represent my opinion of abortion.)
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