Legal Question of the Moment: the Role of the Prudent Lawyer

Seth Barrett Tillman‏ @SethBTillman

Legal question of the moment: if Roe [v. Wade] and its progeny are overruled, and state statutes (on the books) making abortion illegal are revived, may states lawfully prosecute providers for abortions done during the time it was legal?

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12:09 am - 7 Oct 2018

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Seth Barrett Tillman

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 @SethBTillman

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1 minute ago

If "yes," it would be prudent for lawyers to NOW (no pun intended) to advise their clients (individuals and entities [e.g., insurers, hospitals, etc.]) in regard to [potential] civil and criminal liability. Maybe to pursue legislative and exec[utive] pardons/amnesties, etc.
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Seth Barrett Tillman

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 @SethBTillman

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See William Michael Treanor & Gene B. Sperling, Prospective Overruling and the Revival of "Unconstitutional" Statutes, 93 Colum. L. Rev. 1902 (1993); 

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Seth Barrett Tillman

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see also Jonathan F. Mitchell, The Writ-of-Erasure Fallacy, 104 Va. L. Rev. 933 (2018); Richard H. Fallon, Jr., If Roe were Overruled: Abortion and the Constitution in a Post-Roe World, 51 St. Louis U. L.J. 611 (2007).

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Seth Barrett Tillman, Legal Question of the Moment: the Role of the Prudent Lawyer, New Reform Club (Oct. 7, 2018, 4:15 AM), https://reformclub.blogspot.com/2018/10/legal-question-of-moment-role-of.html