In 1973 the United States Supreme Court handed down the famous case Roe v. Wade,
ID: 1220839 • Letter: I
Question
In 1973 the United States Supreme Court handed down the famous case Roe v. Wade, 410 U.S. 113 (1973), wherein the Court determined that the decision to have an abortion is a private decision that is protected from government intervention, in some circumstances, by the U.S. Constitution. Suppose that a state legislature passes legislation (a state statute) that attempts to reverse the Roe decision by prohibiting all abortions in that state. Which is controlling in that state, the statute or the decision of the United States Supreme Court? Explain your answer.
Explanation / Answer
There is a supremacy clause in US constitution that establishes federal laws and constitution are the supreme law of the land. Under this clause, federal laws will supersede or applied over state laws in a scenario of conflict. Thus, decision taken up by the US Supreme court cannot be reversed by any state legislation as it violates the supremacy clause.