Will Alabama Be Next?

Mississippi has joined South Dakota in the rush to be the state that ends Roe v. Wade.

This is also a pro-life state, and it is an election year, so will Alabama follow? I do not know, but here are two matters for consideration.

First, I assume all these legislators took an oath to uphold the constitution. Like it or not, these bills are blatantly unconstitutional. So how does voting for them square with the oath? This is mostly a matter of conscience, but I’d like to know the reasoning.

Second, even assuming Justice Roberts and Justice Alito would vote to overturn Roe, there is still a majority with a track record in favor of Roe. In other words, unless someone changes their mind, the vote would be 5 (Stephens, Seuter, Ginsburg, Bryer, Kennedy) to 4 (Thomas, Scalia, Alito, Roberts) in favor of Roe.

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4 Comments on “Will Alabama Be Next?”

  1. JCH Says:

    In 1896, the SCOTUS held that segregation was legal in Plessy v. Ferguson. Were civil rights activists violating the Constitution when they fought to overturn the ruling?

  2. wheeler Says:

    This post has been removed by the author.

  3. wheeler Says:

    jch,

    no. plessy did not prohibit anyone from doing anything. it just said if a state wants to segregate its population by race, the constitution poses no barrier. the activists were arguing that the constitution did pose a barrier. so, they were arguing for the constitution, not against it. roe, however, said the constitution prohibits states from outlawing abortion. thus the legislatures in miss. and s.d. are making laws that are patently violating the constitution (or scotus’s view of it anyway).

    don’t get me wrong, i have serious issues with roe, for legal and policy reasons. i just wonder how these folks square their oath with these new bills.

    thanks for the comment.

  4. JCH Says:

    Ok, I see what you are saying.

    I don’t think the actual words in the Constitution and the Court’s interpretation are synonymous.

    The legislators are directly and blatantly in violation of Roe. However, I don’t think that necessarily makes them in violation of their oath to uphold the Constitution.


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