General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIs this possible regarding abortion?
1) Trump Supreme Court overturns Roe v Wade and sends it back to the states
2) A bunch of states move to immediately outlaw abortion - much of the South and part of the Midwest (15-20 states)
2a) Religious Right then mobilizes to get anti-abortion measures onto the ballot in every other state
3) Trump then signs an Executive Order banning abortion nationwide
3a) The newly Democratic congress attempts to overturn the executive order, but does not have a veto proof majority despite getting some votes from Republicans.
3b) with Roe v Wade overturned and a conservative majority court, legal challenges to the E.O. fail.
4) Religious Right gets measures banning, or severely restricting it, into another 10-15 states.
elleng
(131,457 posts)ever since Roe.
It is up to the states.
Moostache
(9,897 posts)Welcome to the Theocratic States of America...just wait, when Fuhrer Trump gets too much for the American Ayatollahs, we will see the true power behind this clown car president surface...
He is distracting the public while behind the scenes the judiciary has been co-opted, the legislative has been perma-gerrymandered and the executive converted to a show pony.
What is the X-tian version of an Ayatollah anyway? Cardinals of the Catholics? Bishops of the Baptists?
Solly Mack
(90,803 posts)Abortion/RoevWade is based on the right to privacy (under the Due Process Clause of the 14th Amendment) - and has been successfully argued in the protection of abortion rights in those states.
But with a right-wing SCOTUS, challenges to state laws could go against the state. (Your number 4)
https://www.reproductiverights.org/project/using-state-constitutions-to-protect-reproductive-rights
The Velveteen Ocelot
(116,031 posts)Some states are likely to abolish or strictly limit it, but since the majority of the total U.S. population favors abortion rights any attempt to ban it on a federal level would be a political disaster for the GOP.
OnDoutside
(19,988 posts)The Velveteen Ocelot
(116,031 posts)You might not remember the days before Roe v. Wade, but I do. You'd see last years' women's march x 10.
OnDoutside
(19,988 posts)MousePlayingDaffodil
(748 posts)Because your underlying premise is wrong. An Executive Order, by definition, does not have the force of law as you are imagining it. This is a common misconception. An Executive Order is a directive given by the President to those portions of the Executive Branch over which the President has direct control. An Executive Order cannot operate in the same manner as a federal or state law, which must be enacted by the relevant legislature.
So, no, the President cannot unilaterally outlaw abortion as the scenario you outline presupposes.
treestar
(82,383 posts)Asshole would sign.
That Congressional Act would be challenged on Federalism grounds, and the court would have a hard time trying to make that other than a state issue. They'd have to explain it in light of precedent.
greymattermom
(5,754 posts)is large tax increases that will be needed to fund new schools and more teachers. States have gotten used to low birth rates. The tax increases should start on the day abortion is outlawed because finding the land and building the new schools will take time. Increased budgets for more teachers will be needed in 5-6 years. That should also be included in planning.
Hekate
(91,055 posts)...don't think they should be paying taxes for public education in the first place.
d_r
(6,907 posts)This assumes that people won't have abortions if it is illegal. There is no reason to think this. There were illegal abortions before and today there is no difference in abortion rates between countries where it is legal and where it is illegal.
Hekate
(91,055 posts)...never took the laws off the books when Roe was decided. Others have since enacted "trigger-laws" that will immediately come into effect when Roe is overturned.
Hallelujah and praise the Lord.
qazplm135
(7,447 posts)but maybe this will be what does it.
NewJeffCT
(56,829 posts)and, Republicans have far more single-issue voters (abortion and gun rights mainly) than Democrats.
EffieBlack
(14,249 posts)Because at least we didn't elect a.Establishment corporatist president.
brooklynite
(95,070 posts)...His authority extends only to the Executive Branch.
RhodeIslandOne
(5,042 posts)Honestly, can you believe we are having this conversation a mere 18 months later?