SMOGZINN
Lifer
- Jun 17, 2005
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While Roe was founded on the same principle as the the ruling that prevented state governments from banning contraceptives (Griswold v. Connecticut), it can't be used to immediately make such laws legal. In order for that to happen you'll need some redneck state to pass a contraceptive ban law and have that law challenged up to the SC.
They'll definitely have a good shot of succeeding and they'll cite the mississippi case in support of there "States should be allowed to get involved in the bedroom".
I agree, though, that Obergefell is likely on the docket to be overturned. Just, AFAIK, Utah hasn't passed a new anti-gay marriage law. That has to happen first.
My idea was more along the lines of that if SCOTUS overturns Roe v Wade and lets the Texas law silently stand, then States can easily use that same method to ban anything, Constitution be dammed.