Overturning Roe v. Wade and Doe v. Bolton Not Enough
Study reveals that after 33 years of following the foolish Americans United for Life anti-Christ strategy of Incrementalism (passing regulations that codify abortion into state laws, e.g. abortion clinic regulation, parental consent, abortion waiting periods, and informed consent) only seven state could outlaw abortion if Roe v. Wade and Doe v. Bolton were overturned.
COLUMBUS, Ohio -- The
Life Legal Defense Fund, a nonprofit legal organization based in Ohio, released a comprehensive study analyzing the
current status of state laws on abortion and what would happen if Roe v. Wade and Doe v. Bolton, the cases that legalized abortion throughout the country in 1973, were to be overturned.
The study concludes that only seven states (
Arkansas, Louisiana, Michigan, Oklahoma, Rhode Island, South Dakota, and Wisconsin) would have enforceable laws on the books that would ban abortion. "The results of this study will come as a surprise to many Americans," said Paul Linton, Special Counsel for the Fund. "Overturning Roe and Doe would send the issue of when abortion should be permitted back to the American people. It will not result in making abortion illegal for most of the country."
COLUMBUS, Ohio -- The
Life Legal Defense Fund, a nonprofit legal organization based in Ohio, released a comprehensive study analyzing the
current status of state laws on abortion and what would happen if Roe v. Wade and Doe v. Bolton, the cases that legalized abortion throughout the country in 1973, were to be overturned.
The study concludes that only seven states (
Arkansas, Louisiana, Michigan, Oklahoma, Rhode Island, South Dakota, and Wisconsin) would have enforceable laws on the books that would ban abortion. These states represent less than 10 percent of the U.S. population. For the rest of the states, new legislation would have to be adopted, or significant state case law precedent would have to be overcome. Details of each state's law can be found on the Fund's website: http://www.overruleroe.com.
"The results of this study will come as a surprise to many Americans," said Paul Linton, Special Counsel for the Fund. "Overturning Roe and Doe would send the issue of when abortion should be permitted back to the American people. It will not result in making abortion illegal for most of the country."
The Fund decided to conduct the "Life After Roe" study after several reports with conflicting information began surfacing during the Presidential election. According to the Executive Summary of the study: "There is a widespread popular belief that such a decision would make abortion illegal throughout the United States, or that an overruling decision would return the country to the state of law that existed when Roe and Doe were decided on January 22, 1973. There is no basis in fact for either belief."
"The findings of this study are as important for the general public as they are for our elected officials," said Denise Mackura, Executive Director of the Fund. "Critical legal decisions by our United States Senators should be made on the facts we all have access to - not opinion," Mackura said.
PHOTO EDITORS: A high resolution, publication-ready image (national map) supporting this story is available for free editorial use at: http://www.wirepix.com/newsphotos
A Summary of Abortion Laws If Roe and Doe are Overruled.
ABORTION ALLOWED (43 STATES)
1. Have eliminated old (pre-Roe) laws
Alaska-(aa)
California-(aa)
Connecticut
District of Columbia
Florida-(aa)
Georgia
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Maine
Maryland
Minnesota-(aa)
Missouri
Montana-(aa)
Nebraska
Nevada
New Hampshire
New Jersey-(aa)
North Carolina
North Dakota
Ohio-(aa)
Oregon
Pennsylvania
South Carolina
Tennessee-(aa)
Utah (1)
Virginia
Washington
Wyoming
2. Have old (pre-Roe) laws that would not prohibit most abortions
These states have not repealed their pre-1973 laws but for reasons varying with each state (for example, state reviewing court rulings), the existing laws probably won't effectively prohibit most abortions:
Alabama
Arizona-(aa)
Colorado
Delaware
Hawaii
Massachusetts-(aa)
Mississippi-(aa)
New Mexico-(aa)
New York-(aa)
Texas (2)
Vermont-(aa)
West Virginia-(aa)
(aa) - Have state reviewing court rulings that would or may block enforcement of abortion prohibitions. (1) Has enacted post-Roe prohibition; scope of grave medical health exception is uncertain.
(2) Status of pre-Roe law uncertain.
ABORTION PROHIBITED (7 STATES)
1. Have repealed pre-Roe prohibitions but have enacted new ones
Louisiana -- Life of the mother, reported rape and incest exceptions.
Rhode Island -- Life of the mother exception.
South Dakota -- Life of the mother exception. Trigger statute.
2. Have pre-Roe prohibitions
These states have not repealed their laws prohibiting abortion. If Roe is overruled, they would probably be enforceable.
Arkansas -- No exceptions. -- Part of pre-Roe law repealed.
Michigan -- Life of the mother exception.
Oklahoma -- Life of the mother exception.
Wisconsin -- Life of the mother exception.
According to U.S. Census Bureau 2003 statistics, the states with effective abortion prohibitions constitute just 9.7 percent of the U.S. population. Based on current abortion rates, even if Roe fell today, more than a million abortions per year are projected to be performed legally.
For more information:
www.overruleroe.com or contact: Denise Mackura, Esq., 614-864-4433 or lifelegal@overruleroe.com
http://releases.usnewswire.
com/GetRelease.asp?id=49525
Posted by Editor at April 13, 2006 08:34 PM