Commentary on Alabama Law and Society

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Location: Birmingham, Alabama

Wednesday, March 01, 2006

Will Alabama Be Next?

Mississippi has joined South Dakota in the rush to be the state that ends Roe v. Wade.

This is also a pro-life state, and it is an election year, so will Alabama follow? I do not know, but here are two matters for consideration.

First, I assume all these legislators took an oath to uphold the constitution. Like it or not, these bills are blatantly unconstitutional. So how does voting for them square with the oath? This is mostly a matter of conscience, but I'd like to know the reasoning.

Second, even assuming Justice Roberts and Justice Alito would vote to overturn Roe, there is still a majority with a track record in favor of Roe. In other words, unless someone changes their mind, the vote would be 5 (Stephens, Seuter, Ginsburg, Bryer, Kennedy) to 4 (Thomas, Scalia, Alito, Roberts) in favor of Roe.