SC
2 min readMay 12, 2022

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The laws aren't on the books yet. They're trigger laws. They come into effect under certain conditions, in this case the overturning of Roe v. Wade.

You're right in that they should not stand for the exact reasons you mentioned. A state is not another country.

But, the fact a law is unethical, incongruous, a bad idea, or even unconstitutional for not prevent it from being passed.

So once it's passed, it for into effect. It can be challenged and either put on hold or not, up to the judge and hopefully be undone. But the legal process is slow, includes numerous appeals all the way up the court system to the Supreme Court who makes the final decision one way or the other.

It takes years. Anyone caught up in the law in the meantime is either left hanging or faces whatever penalty.

And even if the law is overturned, there's nothing to prevent the state from passing another one, worded slightly different and just as heinous.

If you look back at state laws before the the 14th and 19th amendments, voting rights were erratic and all over the place. You could vote, then you couldn't. Then you could again.

Same dynamic and phenomenon.

To be thorough, the Supreme Court can also refuse a case outright or kick it back down to the lower courts for review.

Roe v. Wade was meant to be a stop gap and as such it has problems and limitations. Reproductive health should have been codified years ago. But, they're compounding an issue by opening up a can of worms and making an even bigger mess.

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