Legal Question in Criminal Law in Massachusetts
abortion
Suppose that a state leislature passes legislation (a state statute) that attempts to reverse the roe decision (that abortion is a private decision that is protected from government intervention, in some circumstances, by the U.S. Constitution. Which is controlling in that state, the statute or the decsion of the United States Supreme court? Explain.
Asked on 2/28/02, 5:22 pm
1 Answer from Attorneys
henry lebensbaum
Law Offices of Henry Lebensbaum (978-749-3606)
Re: abortion
Sounds like you are preparing for a paper.
The simple rule is federalism: Once the Supreme Court says day, the states cannot say night. However, they may say gray, & then some one appeals, seeking relief.
Private acts are private so long that they do not contravene existing law.
Answered on 2/28/02, 9:54 pm
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