Michael Dorf looks at some of the scenarios of how abortion will be outlawed in all 50 states if Roe v. Wade is overturned by the addition of another extreme right wing vote on the U.S. Supreme Court.
Today's Republican Party pays at most lip service to the notion of limited national power. The Justice Department was all too eager to interpret federal statutes to override Oregon's law permitting physician aid in dying and California's medical marijuana law. Likewise, Congress (including many Democrats) brushed aside the obvious federalism objections to its extraordinary intervention in the Terri Schiavo case.
Thus it is not alarmist to predict that within weeks -- if not days or hours -- of a Supreme Court decision overruling Roe v. Wade, Congress would enact legislation outlawing most abortions nationwide. At that point, the fate of legal abortion would depend on the justices' views about the limits of congressional power.
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