Roe v. Wade to be overturned?

I think those are the poles of the discussion. The extremist 'always' / 'never' 10% at either end of the argument.

Most folks are in the middle. Safe. Legal. Rare.

Funny how that didn't work out as policy, though.

 

If any of you remember back to right after the formal repeal of Roe came out, there was discussion about the meeting of the professional society of OB/GYNs in Texas to do accreditation testing. Many felt that holding it in a state with such restrictive laws sent the wrong message and might put some doctors at risk of arrest. The follow up is that the meeting in Texas was cancelled and they found a way to do the competency testing online instead.

 

Abortion wasn’t a “policy” matter for 50 years. Policy now has to be made and, I suspect it will be made, as a federal law, eventually.

 

Yeah yeah. There are second amendment solutions available for the snitches.

 

As perfect as an extortion call to Ukraine

GOP Candidate: Hypothetical 14-Year-Old Incest Victim Is 'Perfect Example' For Abortion Ban

 

I still want to know what happens next. Someone challenges the law, it gets fast-tracked to SCOTUS and the robes strike it down, right?

 

Not till it's just the right challenge so that the ruling can be slanted in the proper direction.

 

I'm not a legal scholar, so take this layman's take with a grain of salt and set your emotions about abortion aside for a minute.
If I understand the SCOTUS ruling in Dobbs and the ensuing analysis correctly, the big issue with Roe had less to do with abortion and much more to do with the leap in logic that SCOTUS made in Roe in the first place. This Court's reasoning is that Roe created a legal standard out of thin air that it shouldn't have, and as such that ruling was in error. The current SCOTUS overruled the 1973 SCOTUS. And since there is no federal abortion law in place, the issue is returned to the states to decide for themselves.
People keep saying that SCOTUS usurped power, and it's exactly the opposite. SCOTUS relinquished or at least scaled back a power it had granted itself 50 years ago. A lot of the rulings in this term were, in one way or another, a rebuke on decades of various governmental branches and agencies adopting powers and roles they aren't entitled to — including SCOTUS itself. We're just so accustomed to government grabbing more and more power that we can't recognize when one branch gives some up.
But I digress.
If I'm reading it right, if Congress were to pass a federal law codifying a right to abortion — assuming it passed constitutional muster in all the other ways, which of course is up to interpretation — then it should stand. Until Congress sees fit to do that, it's thrown back to the states to make their own laws on the issue in accordance with the 10th Amendment.
With all that said, a federal law in either direction — and since it seems to be an all or nothing issue at this point, the likelihood of a constitutionally acceptable compromise seems small — would surely bring about its own fresh wave of 10th Amendment lawsuits and 'round and 'round we go.

 

For Congress to address the issue, there would have to be an explicit power to regulate abortion.
A constitutional argument raised is an equal protection claim. Ruth Bader Ginsburg criticized Roe and thought it should have been decided on these grounds. There is a This American Life or something similar episode about a member of the military who was refused to have an abortion and challenged it on equal protection. The matter ended after Roe.