As the confirmation of Judge Samuel Alito helps bring the Supreme Court closer to the founding fathers' ideal of Constitutional interpreters rather than rogue lawmakers, several states have decided that the time is ripe for a challenge of Roe v. Wade and abortion-on-demand as the law of the land.
Lawmakers in Georgia, Indiana, Ohio, South Dakota and Tennesse have proposed legislation that would make all abortion (except those performed to save the life of the mother) illegal. The thought is that, with the expected tilt back from the left of the high court, at least one state's legislation could make it that far on appeal and possibly effect the overturning of Roe, giving the power to legalize or outlaw abortion back to the states, as is instructed in the enumerated powers clause of the Constitution.
Opponents of the sweeping legislation support less broad measures which "can be enforced and that can protect women and minors from the physical and psychological risks of abortion,” such as requirements for parental notification and fetal pain warnings, said Clarke Forsythe, director of Americans United for Life. Stateline.com reports that others "doubt the high court will rush to overturn Roe v. Wade and warn that preemptive state bans could backfire -- provoking judicial retrenchment behind the legal precedent and hindering future state efforts to limit or outlaw abortion."
Regardless the outcome, we will keep you posted here as each case develops--particularly on the status of the legislation proposed in Georgia.
http://www.stateline.org/live/ViewPage.action?siteNodeId=136&languageId=1&contentId=83875
http://www.washtimes.com/upi/20060131-090347-1251r.htm
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