I hope you’re right but what makes you think it will be overturned by Republican appointees to the SC? Why should the unborn be left to the whims of state law when the 14th Amendment requires their equal protection? The point of that Amendment after the Civil War was to stop certain states from denying equal protection of the laws to blacks. The authors of the Amendment could have but didn’t use the narrow term “black person”, instead they used the broader term “any person”…requiring states to provide equal protection of the laws to any person in their jurisdictions.
There is no way that any person who honestly reads the Constitution in the context of when the 14th Amendment was written would come to the conclusion that personhood included unborn children. That was clearly not the intent of the equal protection clause. Scalia is stating the correct constitutional law position.
We should actively be working to amend the Constitution to protect the rights of the unborn, but it’s fantasy to read into the Constitution what we want to see.
We know that the four conservative Catholic members of the Supreme Court, Alito, Thomas, Scalia, and Roberts will probably take the correct constitutional position regarding abortion. That is, abortion is not in the constitution, and should be left to the states. If such a view were to become the law of the land, we would expect many states to outlaw abortion completely, and the rest of the states would probably pass laws greatly restricting abortions.
If the Court is given a chance to revisit Roe v. Wade, it will probably only be given such a chance if a Republican appoints a Justice (we only need one more) who holds the correct constitutional view on the matter. Indeed, there is a much greater chance that these men will strike it down than relying on the Obama/Clinton appointments, who are obviously pro-death and follow an unserious and activist approach to constitutional interpretation.
In sum: electing a Republican president is the only plausible way to overturn Roe v. Wade and thus to give greater legal rights to the unborn.
As for Ron Paul, he is unelectable. The various media have been quite easy on him because they know he is on the fringe and would never threaten Obama. Furthermore, they like his positions on drugs and foreign policy. He’s basically only an interesting novelty who will be completely dismantled in the primary. Should he ever reach the general election (which is highly unlikely), he would be beaten by a landslide, especially when the media starts to harp on his loony positions, ties to white supremacists, and conspiracy theories.
Me too.