Sincere Question (especially for attorneys): Is there any portion of Roe v Wade that could be challenged and potentially overturned in the course of any future case heard by SCOTUS? (1)
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Unlike Congress, SCOTUS doesn't work from a "List of Stuff to Undo", do they? They choose what cases to take up after review, right? They can't just show up for work and say, "Alrighty, today we take down Citizens United" right? They need a case before them to do it, right? (2)
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If I understand that part correctly, it seems like the decades-long effort to legislate roadblocks to the availability of abortions have severely limited any angle to challenge Roe v Wade. (3)
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What would be the challenge to Roe in the course of a case that could elevate it to SCOTUS? Would it have to be a backdoor argument by a plaintiff that was denied an abortion by a doctor that doesn't regularly perform them to bring it up? (4)
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Because of the limitations put on the availability by way of state laws, fear of protests, insurance coverage, etc., abortion providers are deliberate in their service choice. Anyone suing a non-provider would likely be told to seek out a provider (next time) by a lower court (5)
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Interesting question. Haven’t thought a great deal about it but interested to hear peoples’ answers. Imagine there are going to be a lot of similar questions in the coming days.
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As @speaton noted, #SCOTUS reacts to specific cases. So a state (like Texas in Whole Woman's Health case) would pass restrictions on abortion that violate current precedent, case gets appealed, & SCOTUS says, "State wins, Roe is overruled." (1/2)
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