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Overturning Roe v. Wade doesn't undo a law. The problem is there's no law in the first place. It overturns a precedent. It's the judicial branch's equivalent of
by slowmovintarget 4y ago
Overturning Roe v. Wade doesn't undo a law. The problem is there's no law in the first place. It overturns a precedent. It's the judicial branch's equivalent of countermanding an Executive Order with a new Executive Order.
If it were a law, it'd never get to the courts in the first place.
- meowfly 4y agoThe original RvW did overturn a law -- Texas state law. It absolutely would go to the courts. In the same way Obamacare went to the courts. SCOTUS makes rulings on the constitutionality of laws written by both state and federal governments. If SCOTUS, for example, wants to argue a person is a fetus therefore deserves all the protections and rights ingrained in the constitution, they could easily dismiss a federal bill on abortion.