Judging Freedom - What mess will we face if Roe v Wade is overturned

Episode Date: May 5, 2022

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Hey everybody, Judge Andrew Napolitano here for Judging Freedom. Please remember to like and subscribe. Like and subscribe. It helps us to spread the word. Today is Thursday, May 5th, 2022, Cinco de Mayo. It's about 10 o'clock in the morning, literally after 10 here on the East Coast of the United States. I've been discussing abortion and the leak of the draft of Justice Alito's opinion for two days now. But I want to address the questions that a lot of you have been sending me, and they seem to center around the following areas. How big of a mess is this going to be? How will people know if they can get abortions by where they are? What will become of the Texas law, which allows individual citizens who are not involved in an abortion to sue the abortion provider or the woman whose baby

was aborted? So first of all, if the Alito opinion becomes law, I think Texas will change its law to drop the suing because it won't be necessary to have that feature in it. It will just ban all abortions. And if you don't know where you are, then you don't know what your rights are. Remember, not all states have the same rights. I'm in the state of New Jersey, where if you are 18 years old, you can get a first-rate education at nearly no cost at Rutgers, the state university, or at any of the other state universities, Montclair State University as an example. If you don't live in New Jersey, you're not going to get that cost benefit. It's a benefit that the state only provides to those who reside here. Similarly, if you live in New Jersey and you want an abortion and you can't afford one, the state will pay for the abortion for you. If you live in Texas and want an abortion and can't afford one, you can reach an abortion provider in California and that abortion provider

will get you the funds from the state of California to pay for a flight from let's say Dallas to San Francisco, pay for the abortion, pay for your lodgings, and pay for you to go back. Obviously, I am not advertising for abortions. I am fiercely pro-life. I was taken off of Twitter for saying what I'm now about to say. Abortion is homicide. However, because the state laws differ, you need to know where you are in order to know what you can do. There's no right to an abortion. There's no right to kill another person. But some states have permitted doctors to perform this awful procedure.

My opinion, it will break down about 50-50. The heavily Republican or traditional states in the South and the Midwest and the upper Midwest will prohibit abortion. The heavily liberal states will allow it up to the moment of birth. And just like with any benefit from the government that comes from the state government, you need to know where you are in order to know what benefit you can receive from the government. I hate discussing this. I hate telling anybody how they can get an abortion. But part of my job is to explain the law. So again, if Justice Alito's opinion becomes the law and Roe versus Wade and Planned Parenthood versus Casey are repealed, then there is no federal law on abortion. And each of the 50 states can write whatever law they want from prohibiting abortion outright to permitting it up to the moment of birth and anywhere in between. Judge Napolitano for judging freedom.