Re: Private for Raj
Brett Robson wrote:
>
>
> necoandjeff wrote:
>
>>
>> Don't make me do the research. Aren't there states with laws on the books
>> that would be enforceable but for the Supreme Court's determination that
>> they are unconstitutional?
>>
>
>
> Now there is a question for the oxygen thieves. If a statute is declared
> unconstitional does it remain on the books? It doesn't get magically
> earased does it?
>
Nope. It's unenforceable, but it's still there. If it was specifically
and individually blocked based on a decision, there would need to be a
petition to overturn that decision, but if it was just blocked because
everyone recognized that it violated the decision, it springs back to
life when the decision gets reversed. There are some complicating
details involving later decisions and later legislation, but that's the
essence.
http://www.reproductiverights.org/pdf/bo_whatifroefell.pdf contains
research on a state-by-state basis. In summary, Alabama, Delaware,
Massachussetts, and Wisconsin would have abortion bans immediately in
effect. Alaska, California, Florida, Massachusetts, Minnesota, Montana,
New Jersey, New Mexico, Tennessee, and West Virginia have constitutions
that would preserve the right. Since Massachussetts is on both lists,
you can expect a lot of legal fun there. All other states have either no
strong protection or a law that has been specifically overturned.
KWW
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