{"id":1089705,"date":"2021-12-06T11:59:16","date_gmt":"2021-12-06T16:59:16","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1089705"},"modified":"2021-12-06T11:59:19","modified_gmt":"2021-12-06T16:59:19","slug":"what-actually-happens-if-roe-v-wade-is-overturned","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/what-actually-happens-if-roe-v-wade-is-overturned\/","title":{"rendered":"What Actually Happens If Roe v. Wade Is Overturned?"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">18<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fwhat-actually-happens-if-roe-v-wade-is-overturned%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1089705&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>Of all the forms of <a href=\"https:\/\/www.dailywire.com\/news\/let-them-eat-cake-the-most-condescending-things-the-left-says-about-inflation\">inflation<\/a> Americans have suffered through in recent months, perhaps the worst kind has been threat inflation \u2014 the endless stream of doomsday prophecies and apocalyptic warnings that a coalition of theocrats, rubes, and \u201cwhite supremacists\u201d are secretly turning America into a copy of The Handmaid\u2019s Tale. This was always off-base in a nation where children may be indoctrinated in <a href=\"https:\/\/www.dailywire.com\/news\/what-is-critical-race-theory-breaking-down-the-ideology-thats-hitting-schools-across-the-country\">Critical Race Theory<\/a> and attend \u201cdrag queen story hour\u201d in the same day. But nothing has thrown more fuel on this overheated rhetoric than the possibility that the Supreme Court might overturn <em>Roe v. Wade<\/em>. Extreme claims of an impending theocracy ignore what would actually happen if the justices decide to revisit this overreaching judicial <em>diktat <\/em>and allow the American people to have a greater voice in abortion policy for the first time since 1973.<\/p>\n<p>The pitched rhetoric began even before the Supreme Court agreed to hear cases involving two state laws that offer robust <a href=\"https:\/\/www.dailywire.com\/news\/media-bias-101-pro-life-restrictions-vs-pro-abortion-protections\">protections for the unborn<\/a>: a Mississippi law limiting abortion to the first 15 weeks of pregnancy and a Texas law prohibiting abortions on children who have a <a href=\"https:\/\/www.dailywire.com\/news\/chris-cuomo-suggests-babies-dont-have-a-heartbeat-at-6-weeks-heres-what-science-says\">detectable fetal heartbeat<\/a>, which occurs around six weeks. MSNBC\u2019s Tiffany Cross said the High Court was seeking to transform the United States into \u201cGilead 2.0,\u201d and some analysts, including former Planned Parenthood president Cecile Richards, erroneously claimed that \u201c<em>Roe&nbsp;<\/em>was just overturned\u201d following the adoption of the <a href=\"https:\/\/www.dailywire.com\/news\/the-6-biggest-lies-youve-been-told-about-the-texas-abortion-law\">Texas Heartbeat Law<\/a>. The hysteria reached a fever pitch during oral arguments for the Mississippi case, <em>Dobbs v. Jackson Women\u2019s Health Organization<\/em>, which suggested a majority of justices seem open to overturning <em>Roe<\/em>.<\/p>\n<p>But what would happen if they <em>do<\/em> overturn <em>Roe v. Wade<\/em>, the 1973 decision that first invented the novel legal doctrine that the U.S. Constitution contains an unwritten \u201cright\u201d to abortion?<\/p>\n<p>For one thing, the Court would go a long way toward reestablishing its own credibility. Pro-life advocates and even many abortion activists agree on one thing: <em>Roe v. Wade <\/em>was one of the most egregious acts of judicial activism in history. Ruth Bader Ginsburg once <a href=\"https:\/\/www.washingtonexaminer.com\/honest-pro-choicers-admit-roe-v-wade-was-a-horrible-decision\">called<\/a> <em>Roe <\/em>\u201cheavy-handed judicial intervention.\u201d<\/p>\n<p>Edward Lazarus, a former clerk to Justice Harry Blackmun, who authored <em>Roe<\/em>, said \u201c<em>Roe&nbsp;<\/em>borders on the indefensible,\u201d because \u201cit has little connection to the Constitutional right it purportedly interpreted. A constitutional right to privacy broad enough to include abortion has no meaningful foundation in constitutional text, history, or precedent.\u201d Revising such a baseless decision can only bolster the court\u2019s reputation.<\/p>\n<p><strong>Overturning <em>Roe <\/em>almost certainly won\u2019t end all abortions<\/strong><\/p>\n<p>While the most extreme voices warn that overturning <em>Roe v. Wade <\/em>would end all abortions nationally, that is not the most likely outcome. It\u2019s true that the court <em>could <\/em>decide to recognize that all Americans enjoy an inalienable constitutional right to life, which science teaches <a href=\"https:\/\/www.princeton.edu\/~prolife\/articles\/embryoquotes2.html\">begins at conception<\/a>. The <a href=\"https:\/\/constitutioncenter.org\/interactive-constitution\/amendment\/amendment-v\">Fifth Amendment<\/a> and <a href=\"https:\/\/www.dailywire.com\/news\/right-to-abortion-comes-from-fight-against-slavery-cnn-legal-expert\">Fourteenth Amendment<\/a> both make it illegal for the government to deprive \u201c<a href=\"https:\/\/therightswriter.com\/2014\/09\/ronald-reagan-spoke-about-fetal-pain-and-personhood\/\">any person<\/a>\u201d of \u201clife, liberty, or property, without due process of law\u201d \u2014 a fact Blackmun admitted in the <em>Roe <\/em>decision. (If the unborn child is recognized as a \u201cperson,\u201d the newly minted right to abortion \u201ccollapses,\u201d he wrote.) That possibility, though desirable, seems remote.<\/p>\n<p>It is more likely that any court overturning <em>Roe <\/em>will rule that the Constitution is, in the <a href=\"https:\/\/www.scotusblog.com\/2021\/12\/majority-of-court-appears-poised-to-uphold-mississippis-ban-on-most-abortions-after-15-weeks\/\">words<\/a> of Justice Brett Kavanaugh, \u201cscrupulously neutral on the question of abortion \u2014 neither pro-choice nor pro-life.\u201d Should justices arrive at this weaker conclusion, abortion will not grind to a halt nationally. Instead, the American people will finally be given the opportunity to choose abortion policies that reflect their values in a meaningful way for the first time in decades.<\/p>\n<p>America already had a competing checkerboard of abortion laws before <em>Roe<\/em>. Colorado became <a href=\"https:\/\/stream.org\/media-lionize-democrat-who-said-elderly-have-a-duty-to-die\/\">the first state to legalize abortion<\/a> in 1967, six years before <em>Roe<\/em>, under the leadership of future governor, then legislator, Richard Lamm (D). (Lamm would later show the consistency of his anti-life thought by saying that senior citizens \u201chave a duty to die and get out of the way.\u201d) Other states followed. Even then-Governor Ronald Reagan <a href=\"https:\/\/todayinclh.com\/?event=governor-reagan-signs-liberal-california-abortion-law\">signed<\/a> the California Therapeutic Abortion Law, which he thought would allow abortion only in extreme cases; the move became one of his lifelong regrets.<\/p>\n<p>As Americans were sorting out their views, <em>Roe v. Wade <\/em>dictated from the bench that the newfound right to abortion extends to the point of viability. States may only pass laws prohibiting abortions after the child can live outside his or her mother\u2019s womb, currently legally defined as 24 weeks \u2014 nearly the third trimester. Reversing <em>Roe <\/em>would return abortion law to the states.<\/p>\n<p><strong>How America would change after <em>Roe<\/em><\/strong><\/p>\n<p><em>State laws would change<\/em>. Many states have already passed laws that run the gamut from virtually banning abortion to fully funding abortion through all nine months of pregnancy in the event of a <em>Roe <\/em>reversal.<\/p>\n<p>A dozen states have passed pro-life \u201ctrigger laws,\u201d which would begin to protect preborn children<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Of all the forms of inflation Americans have suffered through in recent months, perhaps the worst kind has been threat inflation \u2014 the endless stream of doomsday prophecies and apocalyptic warnings that a coalition of theocrats, rubes, and \u201cwhite supremacists\u201d are secretly turning America into a copy of The Handmaid\u2019s Tale. This was always off-base in a nation where children may be indoctrinated in Critical Race Theory and attend \u201cdrag queen story hour\u201d in the same day. But nothing has thrown more fuel on this overheated rhetoric than the possibility that the Supreme Court might overturn Roe v. Wade. Extreme claims of an impending theocracy ignore what would actually happen if the justices decide to revisit this overreaching judicial diktat and allow the American people to have a greater voice in abortion policy for the first time since 1973.The pitched rhetoric began even before the Supreme Court agreed to hear cases involving two state laws that offer robust protections for the unborn: a Mississippi law limiting abortion to the first 15 weeks of pregnancy and a Texas law prohibiting abortions on children who have a detectable fetal heartbeat, which occurs around six weeks. MSNBC\u2019s Tiffany Cross said the High Court was seeking to transform the United States into \u201cGilead 2.0,\u201d and some analysts, including former Planned Parenthood president Cecile Richards, erroneously claimed that \u201cRoe\u00a0was just overturned\u201d following the adoption of the Texas Heartbeat Law. The hysteria reached a fever pitch during oral arguments for the Mississippi case, Dobbs v. Jackson Women\u2019s Health Organization, which suggested a majority of justices seem open to overturning Roe.But what would happen if they do overturn Roe v. Wade, the 1973 decision that first invented the novel legal doctrine that the U.S. Constitution contains an unwritten \u201cright\u201d to abortion?For one thing, the Court would go a long way toward reestablishing its own credibility. Pro-life advocates and even many abortion activists agree on one thing: Roe v. Wade was one of the most egregious acts of judicial activism in history. Ruth Bader Ginsburg once called Roe \u201cheavy-handed judicial intervention.\u201dEdward Lazarus, a former clerk to Justice Harry Blackmun, who authored Roe, said \u201cRoe\u00a0borders on the indefensible,\u201d because \u201cit has little connection to the Constitutional right it purportedly interpreted. A constitutional right to privacy broad enough to include abortion has no meaningful foundation in constitutional text, history, or precedent.\u201d Revising such a baseless decision can only bolster the court\u2019s reputation.Overturning Roe almost certainly won\u2019t end all abortionsWhile the most extreme voices warn that overturning Roe v. Wade would end all abortions nationally, that is not the most likely outcome. It\u2019s true that the court could decide to recognize that all Americans enjoy an inalienable constitutional right to life, which science teaches begins at conception. The Fifth Amendment and Fourteenth Amendment both make it illegal for the government to deprive \u201cany person\u201d of \u201clife, liberty, or property, without due process of law\u201d \u2014 a fact Blackmun admitted in the Roe decision. (If the unborn child is recognized as a \u201cperson,\u201d the newly minted right to abortion \u201ccollapses,\u201d he wrote.) That possibility, though desirable, seems remote.It is more likely that any court overturning Roe will rule that the Constitution is, in the words of Justice Brett Kavanaugh, \u201cscrupulously neutral on the question of abortion \u2014 neither pro-choice nor pro-life.\u201d Should justices arrive at this weaker conclusion, abortion will not grind to a halt nationally. Instead, the American people will finally be given the opportunity to choose abortion policies that reflect their values in a meaningful way for the first time in decades.America already had a competing checkerboard of abortion laws before Roe. Colorado became the first state to legalize abortion in 1967, six years before Roe, under the leadership of future governor, then legislator, Richard Lamm (D). (Lamm would later show the consistency of his anti-life thought by saying that senior citizens \u201chave a duty to die and get out of the way.\u201d) Other states followed. Even then-Governor Ronald Reagan signed the California Therapeutic Abortion Law, which he thought would allow abortion only in extreme cases; the move became one of his lifelong regrets.As Americans were sorting out their views, Roe v. Wade dictated from the bench that the newfound right to abortion extends to the point of viability. States may only pass laws prohibiting abortions after the child can live outside his or her mother\u2019s womb, currently legally defined as 24 weeks \u2014 nearly the third trimester. Reversing Roe would return abortion law to the states.How America would change after RoeState laws would change. Many states have already passed laws that run the gamut from virtually banning abortion to fully funding abortion through all nine months of pregnancy in the event of a Roe reversal.A dozen states have passed pro-life \u201ctrigger laws,\u201d which would begin to protect preborn children the moment Roe is aborted. For instance, Kentucky\u2019s 2019 Human Life Protection Act would make it a Class D felony to commit an abortion, except to save the mother\u2019s life or prevent the \u201cpermanent impairment of a life-sustaining organ.\u201d It would take effect upon \u201cany decision of the United States Supreme Court which reverses, in whole or in part, Roe v. Wade.\u201d According to the Guttmacher Institute, the 12 states with such laws are: Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, and Utah.Eight states that limited abortion-on-demand before Roe still have the law on the books; if the case is overturned, their state laws would go back into effect. Some of these state laws exemptions that allow abortion in the case of rape or incest, or for the \u201chealth\u201d of the mother,\u201d a concept so elastic that judges have stretched it to include almost any abortion.On the other end of the spectrum, 13 states and the District of Columbia have passed state laws explicitly legalizing \u2014 and often funding \u2014 abortion-on-demand. For instance, then-New York Governor Andrew Cuomo (D) signed the 2019 \u201cReproductive Health Act,\u201d which strikes down all pro-life laws in the state and allows abortion for any reason until 24 weeks, or until birth if an abortionist decides in \u201cgood faith\u201d that an abortion is necessary \u201cto protect the patient\u2019s life or health.\u201d According to the Kaiser Family Foundation, those states include: California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Nevada, New York, Oregon, Rhode Island, Vermont, and Washington. In addition, 16 states force taxpayers to pay for elective abortions through state Medicaid funds.That covers the laws already in place, but more changes would come.Pro-life protections would increase. Without the Supreme Court artificially restricting the will of the people, states would pass progressive protections for unborn children. For instance, nearly two-thirds of Americans (65%) say abortion should be illegal in all or most cases after the first trimester, according to AP-NORC poll released in June. That\u2019s just the beginning. A 2019 Hill-HarrisX poll found that 55% of Americans support heartbeat bills. (And 21% of Americans believe the laws, which allow six weeks for abortions, are too liberal!) \u201cThe American people want a fresh debate and a new direction achieved by consensus and built on love for both mothers and babies,\u201d said Marjorie Dannenfelser, president of the pro-life Susan B. Anthony List, in 2019.Finally, these pro-life protections will have a real impact in reducing deaths and reversing America\u2019s years-long birth rate bust.Thousands of lives would be saved. Overturning Roe v. Wade would undeniably result in fewer abortions. A 2012 study found that comprehensive pro-life protections \u201cin 17 states would result in a 6.0 percent decline in abortions.\u201d Other studies set the number twice as high. Economist Caitlin Knowles Myers of Middlebury College estimated that, after Roe, abortions would plummet by at least 14%, saving roughly 100,000 lives a year.That hardly seems like a dent in the deadly toll that followed the 1973 ruling. An estimated 62 million babies have been aborted in the United States from 1973 until 2021. According to official statistics from the CDC\u2019s annual abortion surveillance 619,591 abortions took place in 2018, the most recent year for which data are available, and that excludes three states that do not report abortions (California, Maryland, and New Hampshire).What would happen in ensuing years if the Supreme Court overturns Roe v. Wade? Millions of lives will be protected, judicial overreach would be rebuffed, and the American people will have a democratic choice about the most life-defining issue facing our nation.The views expressed in this piece are the author\u2019s own and do not necessarily represent those of The Daily Wire.The Daily Wire is one of America\u2019s fastest-growing conservative media companies and counter-cultural outlets for news, opinion, and entertainment. Get inside access to The Daily Wire by becoming a\u00a0member<\/p>\n","protected":false},"author":76,"featured_media":2315279,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[],"class_list":["post-1089705","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry"],"_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1089705","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/76"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=1089705"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1089705\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2315279"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=1089705"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=1089705"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=1089705"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}