If McPalin court overturns "Roe," then what is the punishment for abortionists?

[Liberal_Stalwart71]

Have the wingnuts ever given a clear answer to this? If Roe v. Wade is overturned, thus making abortion illegal or CRIMINAL, then what do they propose to be the punishment for "abortionists"?

What is the deterrent? What's the punishment for noncompliance?

:shrug:

[grannie4peace]

1. prison!!!

[TheWraith]

2. Overturning Roe doesn't make abortion illegal.

What Roe said was that state laws which made abortion illegal were themselves in volation of the constitutional right to privacy, in this case medical privacy. If it's overturned, then it becomes a state matter.

[chelsea0011]

7. Which will be interesting because McPalin believe it is murder and

I can't believe they will allow states to determine their own law. Look for a constitutional amendment.

[jberryhill]

9. The states still would have to approve an amendment.

It's just a question of how many states.

[nxylas]

15. They'd never do it

If they did, they'd take away the one reason non-billionaires might have for voting Republican. They'll just continue to dangle it before the base like a carrot in front of a donkey.

[kestrel91316]

3. Death penalty. If they tell you otherwise, don't believe them.

[VWolf]

5. Makes sense in RepugLand - "Pro life" = "Death penalty" nt

[atreides1]

4. Probably Death

After all that is the Biblical punishment for "murder", and those will be the kinds of laws that she and her base of religious zealots will try to put on the books!

And if things don't go her way then she'll figure out another way to get around it, like deploy the military and from what I've seen over the last 7 years the military will follow its orders without any questions.

[AngryAmish]

6. Then it will be up to the individual state

Before Roe, in some states abortion was legal and some states illegal. (If I remember my history correctly it was only legal in a few states for a few years pre-Roe).

I do not think any states currently have abortion laws on the books. Some will if it is overturned. They can determine if it is a felony for mother or doctor.

Roe found that the Constitutional right to privacy covered abortions, rendering all state laws not in line with Roe unconstitutionsl.

[jberryhill]

12. There are degrees of restrictions

...and every set of them has to be run up the federal flagpole to see if it meets _Casey_ and other cases following _Roe_.

One of the broader issues about _Roe_ was that states were moving in the direction of various degrees of legalization, and if the Supreme Court had not issued _Roe_, would the entire subject be as corrosive to national politics? _Roe_ was the nucleus around which much of the religious right formed through the mid-70's to today.

[lapfog_1]

8. If they succeed in establishing that life begins at conception

then both the mother and doctor (and anyone else assisting) have engaged in a conspiracy to commit murder AND murder for hire. Death penalty cases in most states. Think I'm kidding, look at what people are charged with when they (currently in many states) commit the murder of a pregnant woman (multiple counts).

[Statistical]

13. It would simply return to the states

Abortion was legal in some states, illegal in others, heavily regulated in some, and virtually unregulated in other prior to ROE.

If ROE was overturned (which would require a 60+ vote of the dem controlled senate to confirm a pro-choice justice) it would simply return the issue back to the states.

why would dems confirm a pro-choice justice? If appointee is NOT confirmed the appointment dies and President needs to "try again".

If ROE was overturned (once again why would dem congress approve a pro-choice justice?) a constitutional amendment could be passed.
However ammending the constitution would be even harder (essentially impossible).
2/3 vote in house
2/3 vote in senate (67 votes - a super majority)
then:
it needs to be ratified by 3/4 of the states.

The Republicans can't get get 51% to allow drilling (which majority of Americans support) yet somehow (via magic) they will get 67% support of congress and 75% of the states to approve something that majority of Americans DON'T SUPPORT????????????????????????????

[lapfog_1]

16. Bzzzt. Sorry, try again.

Supreme Court can, in fact, meet with fewer than nine members, it has happened before. And render decisions. Besides, it doesn't require 60+ votes, only a majority (as you well know), the 60 votes are needed to end a filibuster. That means that a Democratic Senator needs to filibuster the nomination, which I'm not sure they can, and if they can, I'm not sure that they will. McCain has already said that he will only nominate "pro life" justices. In the next 4 years, there is a good chance we lose 2 liberal leaning justices. If replaced by even one "moderate", there goes Roe v. Wade.

As for it "returning to the states"... wrong again, there would only have to be one interstate transaction (like a young woman traveling to another state where abortion is legal) to make this a "federal case".

As for a constitutional amendment... HA! We couldn't even get close on an amendment which simply gave Women equal rights under the law. No way we are getting an amendment on abortion, just like the other side (or is it your side?) has no chance of getting one passed banning gay marriage.

[no_hypocrisy]

10. Most likely, they will continue to get abortion re-criminalized federally

which would apply to all 50 states and U.S. territories.

To answer your question, whatever states choose to make abortion a crime will likely choose a punishment that will pass their particular legislature, depending on "community standards" of that state. Could be anything between prison, fines, or maybe a capital crime since they would claim that doctor "killed" a person.

[fasttense]

11. They will put the 13 year old girl raped by her father in jail

for daring to consider an abortion. They will ensure girls forced into pregnancies by monsters will have no futures and be forever considered felons for not wanting to allow a monster's spawn to grow inside of them.

They make absolutely no exception for the health of a mother or the psychological trauma of a little girl resulting from carrying a rapist's baby to term. They would lock her up and call her a criminal, while the supreme court would protect the child rapist.

If you are seriously ill and a pregnancy will kill you, too bad. You die and the fetus lives. They make the decision for you.

I had that exact thing happen to me but it was my choice to keep the baby and risk my life for her. But Palin, McCain and nine black robed politicians will decide for you. They will condemn you to die for a fetus no matter how deformed or viable.

[KansDem]

14. Rich folks, like the Bush Family, will still be able to get abortions as necessary...

Democrats.com
Was George W. Bush "Involved" in an Illegal Abortion??

The rest of the country will have to fend for itself. You know, the way it used to be.