Abortion

This is my blog on political issues.

Monday, July 9, 2018

The fate of Roe v. Wade

There is a lot of talk, in the wake of Justice Kennedy's announced retirement, of how the next justice could affect Roe v. Wade. On one hand you have people rejoicing at this prospect, on the other, people freaking out. This is largely media hype.  First, some Republican Senators have publicly stated they wouldn't vote for a nominee who held pro-life views so that could hold it up. Secondly, when Trump's nominees does go through, there is still no guarantee of it, as we can't say for certain that the Republican appointed justices will rule against it (and history had shown this, there have been a Republican nominated majority on the court before and Roe was still not overturned, in fact when Roe was decided, one of the two dissenters was in fact the most liberal members of the court).
Thirdly, someone would have to bring a case before the court before they could rule, a challenge would be made and brought through the lower courts before it makes it to the Supreme Court, and the Supreme Court would have to agree to hear it. This is not unlikely to happen. 
Finally, overturning Roe will not ban abortion, what it would do would make it go to the states, where some already have laws in place that would ban it, while others would not.  That is where the fight would be, in the states. Even if someone was to try to get an amendment to ban abortion on the National level, it would have to go through the states first.
So to sum up, while a new Justice would certain have a major impact on a number of issues including abortion, it is not the end of the line for abortion in and of itself.