2.23.2006

The "A" Word

South Dakota just passed law, awaiting the governor's signature, that outlaws virtually all abortions. It is clearly unconstitutional based upon the 1973 decision of Roe v. Wade. Uh....wait....I don't think Alito and Roberts were on the court back then, were they? The battle has begun. (But if the Supreme Court overturns Wade, it doesn't mean that abortion automatically becomes illegal across the nation. It will be up to each State legislature to make that decision. With this caveat: If there are any abortion laws still on the books that were never repealed. they would automatically spring back into life. I'm trying to determine if Texas ever repealed its abortion law - something I serously doubt). Edit: Texas no longer has an abortion law because it has been "repealed by implication" (a concept that made my head hurt). See McCorvey v. Hill, No. 03-10711 (5th Cir. 2004)