Is this possible regarding abortion?

[NewJeffCT]

1) Trump Supreme Court overturns Roe v Wade and sends it back to the states

2) A bunch of states move to immediately outlaw abortion - much of the South and part of the Midwest (15-20 states)
2a) Religious Right then mobilizes to get anti-abortion measures onto the ballot in every other state

3) Trump then signs an Executive Order banning abortion nationwide
3a) The newly Democratic congress attempts to overturn the executive order, but does not have a veto proof majority despite getting some votes from Republicans.
3b) with Roe v Wade overturned and a conservative majority court, legal challenges to the E.O. fail.

4) Religious Right gets measures banning, or severely restricting it, into another 10-15 states.

[elleng]

1. They've been working on somethings like this,

ever since Roe.

It is up to the states.

[Moostache]

2. Roe is dead. Woman's right to control their body? Over.

Welcome to the Theocratic States of America...just wait, when Fuhrer Trump gets too much for the American Ayatollahs, we will see the true power behind this clown car president surface...

He is distracting the public while behind the scenes the judiciary has been co-opted, the legislative has been perma-gerrymandered and the executive converted to a show pony.

What is the X-tian version of an Ayatollah anyway? Cardinals of the Catholics? Bishops of the Baptists?

[Solly Mack]

3. Some states have the right to privacy written into their Constitution

Abortion/RoevWade is based on the right to privacy (under the Due Process Clause of the 14th Amendment) - and has been successfully argued in the protection of abortion rights in those states.

But with a right-wing SCOTUS, challenges to state laws could go against the state. (Your number 4)


https://www.reproductiverights.org/project/using-state-constitutions-to-protect-reproductive-rights

[The Velveteen Ocelot]

4. Not likely.

Some states are likely to abolish or strictly limit it, but since the majority of the total U.S. population favors abortion rights any attempt to ban it on a federal level would be a political disaster for the GOP.

[OnDoutside]

10. The majority are in favour of it, but would they be sufficiently exercised to do something about it?

[The Velveteen Ocelot]

11. Oh, hell, yes.

You might not remember the days before Roe v. Wade, but I do. You'd see last years' women's march x 10.

[OnDoutside]

13. Reassuring to read that, thank you.

[MousePlayingDaffodil]

5. No, it is not possible ...

Because your underlying premise is wrong. An Executive Order, by definition, does not have the “force of law” as you are imagining it. This is a common misconception. An Executive Order is a directive given by the President to those portions of the Executive Branch over which the President has direct control. An Executive Order cannot operate in the same manner as a federal or state law, which must be enacted by the relevant legislature.

So, no, the President cannot unilaterally “outlaw abortion” as the scenario you outline presupposes.

[treestar]

6. #3 is not constitutional; would have to be a bill of Congress that

Asshole would sign.

That Congressional Act would be challenged on Federalism grounds, and the court would have a hard time trying to make that other than a state issue. They'd have to explain it in light of precedent.

[greymattermom]

7. So what states need to prepare for

is large tax increases that will be needed to fund new schools and more teachers. States have gotten used to low birth rates. The tax increases should start on the day abortion is outlawed because finding the land and building the new schools will take time. Increased budgets for more teachers will be needed in 5-6 years. That should also be included in planning.

[Hekate]

9. You are asking fanatics to think rationally. Many on that side home school their little dears and ..

...don't think they should be paying taxes for public education in the first place.

[d_r]

14. I dont think so

This assumes that people won't have abortions if it is illegal. There is no reason to think this. There were illegal abortions before and today there is no difference in abortion rates between countries where it is legal and where it is illegal.

[Hekate]

8. Rachel outlined it last night. The vast "heartland" and then some will outlaw it. Many...

...never took the laws off the books when Roe was decided. Others have since enacted "trigger-laws" that will immediately come into effect when Roe is overturned.

Hallelujah and praise the Lord.

[qazplm135]

12. I dont know why our side needs an emergency to turn out

but maybe this will be what does it.

[NewJeffCT]

17. Democrats don't turn out as well for midterms

and, Republicans have far more single-issue voters (abortion and gun rights mainly) than Democrats.

[EffieBlack]

15. Yes. But that's ok

Because at least we didn't elect a.Establishment corporatist president.

[brooklynite]

16. Trump can't sign an EO binding State Law...

...His authority extends only to the Executive Branch.

[RhodeIslandOne]

18. But...I...just...can't...trust...her.

Honestly, can you believe we are having this conversation a mere 18 months later?