inpromissum

I'll let you know when I get the answer

Hi Prof. Abrams,

Today I've done con law reading and notes on sovreignty, worked on civ pro notes that covered standing, and now am reading about Alito (Scalito) and contemplating the seemingly imminent doom of Roe v. Wade. So my question out of all of this is as follows: If Roe is overturned and women return to back alley/hanger abortions and start dying as a result, who can their disgruntled boyfriends and husbands and parents sue? Is there any way to sue the Supreme Court? I'm sure the answer is no, but it seems like there must be a remedy somewhere if we can establish that the hindrence of health service is leading to the deaths of women. But maybe there is no remedy if it is determined that women have no right. Any thoughts?

Thank you,

Kara Govro

And now for the answer, per Paula Abrams, Constitutional Law Professor at Lewis and Clark Law School . . .

"Hi Kara,

As for Roe, keep in mind that the Planned Parenthood v. Casey decision which reaffirmed the core constitutional right to choose (although it changed Roe significantly) was a 6-3 decision, with Kennedy and O'Connor both upholding on the basis of stare decisis. Assuming both Roberts and Alito would vote to overrule Roe, that would still leave the decision 5-4 in favor of upholding, assuming Kennedy stays where he was in Casey. So even with Scalito in, the votes are not yet there to overrule. That said, there are three more long years in this administration and Stevens is 85 and Ginsburg has had medical problems. So the fate of Roe is still very much up in the air. What you can count on is, even if the right to choose is not discarded, the new members of the Court will solidify a conservative coalition willing to uphold every restriction on abortion that a state can conjure.

The only recourse for this situation, or for the eventual overruling of Roe, if it happens, is the political process. State laws can protect reproductive rights. Some state courts have already found the right to choose protected by state constitutions, and more are likely to do so as the federal landscape becomes more restrictive. If Congress goes Democrat, federal legislation could be passed protecting reproductive rights. Of course, if Congress stays R, we face the possibility of federal anti-choice legislation. Whatever diminishment of rights occur, and they will occur even if Roe is not overruled, there will be a great deal of suffering and inequality for women. The only good that may come of that is maybe people will realize how important it is to vote... "

Posted by Kara at October 31, 2005 07:16 PM | TrackBack