WI Kennedy goes with Scalia et. al. on Casey?

But look at what a reversal means. It does not mean that abortion will be prohibited in the United States. Rather, it means that abortion protections do not formally exist as part of the fourth amendment nor the fourteenth. That in itself will mean little for the legality of abortion anywhere in the United States.
Which means that any state could then prohibit abortion at least in their jurisdiction - precisely because abortion ceases to have said constitutional protection. IIRC some states have laws that would make it illegal with the usual exceptions in such an event.

Sure, it would still be widely available - just cross state lines - but the fact remains that the option remains open to ban it in a particular place. Certainly many states will continue to allow it, though, and Americans on either side of the issue, by and large, aren't interested in placing the issue under Federal authority in such a case.

Either way, it'll be one of the issues which, owing to the sheer size and diversity of this country, will not die for another few decades, at least.
 
Which means that any state could then prohibit abortion at least in their jurisdiction - precisely because abortion ceases to have said constitutional protection. IIRC some states have laws that would make it illegal with the usual exceptions in such an event.
Laws which themselves could be challenged in court. Regardless, no state now could get away with prohibiting abortion outright, and few would try.

Sure, it would still be widely available - just cross state lines - but the fact remains that the option remains open to ban it in a particular place. Certainly many states will continue to allow it, though, and Americans on either side of the issue, by and large, aren't interested in placing the issue under Federal authority in such a case.
I have no doubt that there would be further litigation on the issue for decades.

Either way, it'll be one of the issues which, owing to the sheer size and diversity of this country, will not die for another few decades, at least.

True. The interesting thing about the Roe precedent is that it was crafted in such a way as to leave the issue to long-term litigation on specific aspects of it. The same will hold true if in Casey, the court implies or states that no specific protection of abortion exists in the federal constitution. Nonetheless, I contend that the very nature and wording of the ruling in Roe v. Wade means that the court may now hear cases on abortion-related issues essentially forever. Remember, it is rare for the Court to overturn outright a prior decision it reached, even under a different configuration or composition.
 
So, in other words, the decision that would have been intended to end the debate would have just prolonged it? Oh, I love unintended consequences and Chinese aphorisms... :D

And I agree that there'll be continued litigation for kingdom come in this scenario... just like it is under the OTL configuration... maybe I should look for a career there... issues aside, the money would be lucrative...
 
Top