Is this the end of Roe v. Wade? South Dakota law professors weigh in - Dakota News Now
Many are wondering if this is the end for federally mandated abortion rights.
ABERDEEN, S.D. (Dakota News Now) - Although the Supreme Court’s leaked opinion to overturn Roe v. Wade is an initial draft, many are wondering if this is the end for federally mandated abortion rights.
Can the Supreme Court change its decision before the final draft of the majority opinion is released? Lisa Hager, a political science professor at South Dakota State University, says yes, but it’s unlikely.
”Given the current composition of the court, just ideologically speaking, you wouldn’t necessarily think there would be a drastic difference if this is kind of the direction that we’re seeing them going,” said Hager.
The public now has premature knowledge of the Supreme Court’s initial leaning. Will that public input influence the Justices’ decision?
Neil Fulton, Dean of the University of South Dakota’s Knudson School of Law, hopes it doesn’t, as it would be atypical for the Supreme Court’s standards on ruling.
”My hope is that it is not impacting the judges’ decisions, that they are continuing to evaluate the question presented in Dobbs based on the legal arguments and historical issues involved around the question of the right to privacy and how that may impact abortion,” said Fulton.
The Supreme Court’s political leanings could change in the future, leading some to wonder if this overturn could be overturned again.
”What’s going to happen here? Are we going to constantly go back and forth? I think that’s one of the reasons why that you have people calling for Congress to codify this right to an abortion in statutory law,” said Hager.
Congress could do this, but they would need 60 votes in the 50-50 split Senate to do so. Additionally, the legislation would have to go back to the Supreme Court for judicial review.
“Because of the fact that it deals with the unborn, I have a feeling that given the current composition of the court and the opinion that we’re all reading today, that that would likely get struck down,” said Hager.
Overall, it is likely the future of abortion regulations will indeed fall in states’ hands if Roe v. Wade is overturned.
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source: https://www.dakotanewsnow.com/2022/05/05/is-this-end-roe-v-wade-south-dakota-law-professors-weigh/
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