Sunday, October 07, 2018

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


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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    1.  @SethBTillman
       
      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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  •  @SethBTillman
     
    34 seconds ago
    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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  •  @SethBTillman
     
    14 seconds ago
    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 



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    1 comment:

    1. Tom Van Dyke10/7/18, 11:41 PM

      "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?"

      Or could they make enough trouble for the abortionists in the meantime? At what point would the federal courts step in on purely state-level proceedings?

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