A
_Abyssinia
Guest
Roe v Wade is settled law for as long as the court has a majority in favour of keeping the law as it is, but if the balance of the court changes, and it can with the choices the next President makes, it is up in the air and could be overturned.If the Supreme Court justices who decided Roe v Wade in 1973 didn’t know what was coming, they were stupid, and we both know not one justice on the court was stupid. Quite the contrary. Abortion became legal in the state of New York in 1970, and women from all over the US were flocking to clinics there for abortions. My own mother had a friend who went there for an abortion; the friend was young and unmarried and not religious. The man who drove her said it made him sick just to be in the waiting room because of the lack of respect the would-be mothers, and fathers, had for their unborn children.
I don’t think this election will decide how long Roe v Wade stands. I think it’s going to stand for a long time. The 1973 court defined “person” constitutionally, and any court is going to be loathe to overturn what a previous court has upheld. It isn’t like they are overturning a lower court. The Supreme Court does not often overturn what an earlier court has upheld, though it has happened rarely. They would have to redefine the constitutional meaning of “person,” and I can’t see them doing that, especially Republicans because, as I said, they tend to be strict constructionists. However, I’m just one person, and that’s just my opinion.
What is quite clear is in the last two years, there have been at least three major religious liberty and abortion cases before the Supreme Court, the Hobby case, the Texas abortion regulation case and the case of Little Sisters of the Poor. It seems like there are more and more cases, an upcline of cases, going before the Supreme Court that either involve abortion or religious liberty cases.
Why would Justices who are constitutionalists, textualists, originalists, who do not believe that there is a right to privacy in the Constituon, not vote to overturn Roe v Wade, because isn’t the right to privacy at the core of Roe v Wade. Roe v Wade can be overturned, but if can’t be done if the right justices aren’t at least a majority on the Supreme Court, and this election could decide whether those type of justices are going to be nominated to the court, or not.
Care Net, a network of pregnancy centres, says on their website:
care-net.org/abundant-life-blog/how-the-next-president-can-overturn-roe-v.-wadeWhen the next President is sworn in on January 20, 2017, three Supreme Court justices will be over the age of 80: Justices Ginsburg (83), Scalia (80), and Kennedy (80). Justice Breyer will be 78. With four of the last five Presidents serving for eight years, there is a strong possibility that the next President will replace all four of these justices. Replacing almost half the justices on the Supreme Court gives the next President an opportunity to put a mark on the nation’s legal future. If three or maybe two of these justices are committed to protecting the unborn, the next President could be responsible for the overturning of Roe v. Wade.