Regnat Populus

The people rule.

Overturning Roe Vs Wade.

Posted by Max Barron on December 30, 2008

An interesting question was posed yesterday on Twitter. “Should one’s abortion stance be used as a litmus test for conservative politicians?”  PinkElephantPundit did a good job of answering that particular part so I won’t delve into it too much.  What spawned from that was the inevitable “Isn’t it important enough to overturn Roe Vs Wade?”  In the short of it, no it isn’t.  In fact, I would go so far as to say that it isn’t important at all because it simply won’t happen.  Roe is fait accompli.  I wish that I could turn back time and somehow we could have made it a state issue as opposed to federal.  The damage is done though.  As the current bench stands there is a 7-2 split on overturning Roe. Seven will uphold it.  We can see this because of the recent  5-4 partial-birth abortion ruling which banned the practice.  However, only 2 justices (Scalia and Thomas) signed an opinion that in essence stated that the SCOTUS should have never heard Roe on the grounds of constitutionality.  No others signed it.  This means that only two justices are in favor of overturning.  You can count the four dissenters as in favor of upholding Roe.  Out of the remaining three justices (Alito, Kennedy, Roberts) Alito is the only one that I think can be readily flipped to overturn Roe.  Kennedy is not likely at all and I am not sure about Roberts.  Even if we managed to flip Alito and Roberts, we get a 4-5 vote in favor of upholding.  Essentially, in order to get Roe overturned we need to flip no less than three justices.  Four of which are in favor of partial-birth abortions… where do you think they stand on Roe? In short, ‘ain’t gonna happen.’

Please also consider the fact that Barack Obama, who supports judicial activism, will likely get to appoint at least two seats with the possibility of a third.  We have a Democrat majority in the Senate and a Democrat President.  Be honest with yourself.  Do you really think that the same Democrats that support judicial litmus testing are going to let a couple of pro-lifers get past them?  SCOTUS appointments are for life so the next President may get one or two (at most) appointments.  It simply won’t be enough to shift the balance.

Looking for a President to overturn Roe would be like searching the depths of the ocean for dry land.  Roe is a political hot potato that, frankly, benefits politicians to have on the books (even the pro-life candidates as it gives them a platform).  No, the solution to the abortion problem does not lie in the law.  The laws of supply and demand tell us this.  Even if it were illegal, if there is a demand, someone will supply.  We would have black-market abortions going on.  The real solution to this problem lies not in the courts but with you and me.  It lies in parenting, churches and social structures.  If we teach our children the value of life, morals and principles they won’t need or want an abortion.  If we teach our children abstinence or, at the very least, protected sex, then they won’t need or want an abortion.  There is already great progress by many different pro-life organizations to educate the young.  Statistics are showing that it is starting to work.  Supply and demand – if there is no demand then there will be no supply.  Roe itself will become pointless and then, and only then, will it be overturned.

***Special Thanks to Anna Tarkov for her help in editing. She didn’t have time to red ink all of my errors but she saved me from many.***

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One Response to “Overturning Roe Vs Wade.”

  1. I could not agree with you more. While I am against abortion, I think we have to stop pushing or concentrating on overturning Roe; it’s simply not going to happen. In fact, I do not think we have to give up abortion as an issue as conservatives, but rather simply start taking action on all the alternatives. If, as conservatives we continue to make people who are on the fence about choice, but maybe hold other conservative principles, feel as though we want to persecute them or criminalize abortion we are going to lose. No way do I think it is necessary to give up the abortion principle, but it must be approached from a different perspective. The heart of the problem lies in that some conservatives are driving away people who support keeping the choice but they themselves would never have an abortion or encourage their children to have an abortion. So in fact, they are only for choice, not for abortion and I think there is a difference. Those same people would be all for getting at the heart of the issue, as you so aptly stated-driving down demand for abortion-that is where our battle must go. I mean in the end it only matters that we save the lives of the unborn-the state of R v W is of no consequence.

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