What if the Supreme Court reversed Roe v. Wade?
This is a discussion on What if the Supreme Court reversed Roe v. Wade? within the Other Criminal Law Matters forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; If the Supreme Court reversed Roe v. Wade would that subject woman who have already had an abortion to criminal ...
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#1 |
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If the Supreme Court reversed Roe v. Wade would that subject woman who have already had an abortion to criminal prosecution or would that create an ex post facto law? I know ex post facto limits statutory laws but what about case law?
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#2 |
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Top Level Member
Join Date: May 2007
Posts: 872
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No, that would only apply going forward.
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#3 |
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What about the pending case in which they theoretically reverse? Lets say a court decides to prosecute a woman for having an abortion and she is found guilty and then appeals. Can the Supreme Court reverse on Roe v. Wade and then the womans guilt stand even though she had the abortion when it was legal?
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#4 |
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No--the law at the time governs.
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