Sunday, November 20, 2016

Roe v. Wade


Roe v. Wade was the landmark Supreme Court ruling that legalized abortion, however, under Donald Trump's presidency, the ruling could be overturned. With a vacancy in the Supreme Court, Trump could appoint a justice who is "pro-life"who would reverse the decision made in 1973. However, the Supreme Court is at a 5-3 majority supporting abortion, therefore, even with a new justice, the majority still stands with abortion rights. If Roe v. Wade was overturned, abortion would be come a state matter and leave the decision to state legislatures. In many Republican states, abortion clinics have already been closed forcing women to go to great distances to receive an abortion or other services. Jennifer Dalven, the director of the American Civil Liberties Union's Reproductive Freedom Project argues that this presents a large burden for low-income women and others who cannot afford to travel. Additionally, without access to abortion providers, women would seek to self-induce an abortion. Vicki Saporta, the president of the National Abortion Federation stated it won't be "easy to overturn Roe... [w]omen in this country would not stand for it."

Questions:
1) Do you think Roe v. Wade could be overturned? Why or why not?
2) Do you think Roe v. Wade will be a large factor in future elections?
3) If the Supreme Court vacancy is filled by a conservative justice, how could this change future rulings?

19 comments:

  1. For Roe v. Wade to be overturned, a case would have to come up that requires a new ruling. If the Supreme Court vacancy is filled by a conservative justice, and a case that requires this ruling is brought to the Supreme Court, it is possible that Roe v. Wade will be overturned. However, there are a number of circumstances that need to be fulfilled in order for that to happen. Even if Roe v. Wade is not overturned, under the new presidency, it is possible for Planned Parenthood to be de-funded, affecting women all across America. Depending on what happens with this presidency, abortion rights could potentially be a factor in future elections.

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  2. Even though Trump only has one vacancy on the Supreme Court to fill, another justice could die during his term, allowing him to fill another seat with a Conservative justice. While Roe v. Wade may not be overturned immediately, I do fear that it will be soon. Clearly, the Southern states' (where Trump draws a large amount of his support from) governments disagree with this ruling, as they are already making access to abortions more difficult. Even if a justice does not die during Trump's term (wishfully assuming that he is only serving one term and that the next president is pro-choice), the Republicans can still do a lot of damage to abortion rights by themselves. If they choose to defund Planned Parenthood, this could be harmful to millions of women who rely on it. Hopefully, the liberal judges on the Supreme Court can stay alive for four more years and protect Roe v. Wade.

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  3. If the Supreme Court vacancy is filled by a conservative justice, more supreme court cases will tend to be decided in favor of the conservatives. Since Trump plans to nominate a Conservative judge, the rulings will give more individual liberty, less immigration, and less government control.

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  4. The Supreme Court justice will be most likely filled by a Conservative justice, as President-Elect Trump has already stated. This will mean that the liberal justices would not receive the majority since Scalia, a highly conservative justice, would be therefore replaced by another conservative justice. This would mean that there would not be a liberal court, and that the swing vote, Kennedy, will prove to be a vital vote in the upcoming Supreme Court decisions once the justice is confirmed.

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  5. Trump has already stated he will elect a conservative judge and as such I believe that Roe v. Wade might be overturned sooner than we expect. Trump has already said he wants to ban abortion and there is immense support to overturn it. In addition many Planned Parenthood Centers have been defunded so it seems that we are already taking steps towards banning abortions. However, for those who are low-income and don't have the money, they rely on Planned Parenthood and I'm scared that many women will resort to unhealthy and dangerous methods.

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  6. I think that it is unfortunately possible for Roe to be overturned during Trump’s presidency. As we know, there is only one vacancy in the Court currently, however due to at least two of the justices advanced age, it seems possible that more vacancies could occur within the next four years. While Trump has said many times during his campaign that he would like to overturn Roe, it is impossible for him to do it single handedly. Infact, other than nominating a justice, he has practically nothing to do with the Supreme Court. I think it would be very odd if Roe was somehow overturned; it would be like the Court deciding to go back in time. Since it has already been passed, it would be strange to overturn it so many years later, and I think there would be vast protests if the court took such a case. Unfortunately, the reality of the situation is that, if a decision to overturn Roe was, for some reason, handed down by the court, there would be nothing we could do until a Democratic, or at least pro-choice majority was reached in Congress, which is not present right now.

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  7. If Trump goes on to fill future vacancies, shifting the court’s balance of power — the precedent in Roe would still probably remain secure. “It would be very extreme to overturn a 43 year old precedent so soon after Whole Woman’s Health,” said Jessie Hill, a professor at Case Western Reserve University School of Law. She pointed out that even with Trump’s appointee, the five-vote majority that upheld abortion rights in the Whole Woman’s Health decision would remain intact. Trump needs at least 3 vacancies to have a chance at overturning Roe v. Wade.

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  8. I do think there could be a possibility that Roe v. Wade would be overturned, but a very slight one. In Trump's 60 minutes interview he said IF it were to be overturned it would go to that states, but he has bigger priorities. This precedent has been set for many years, and if it were to be overturned then I believe it will have a huge domino effect, as there would have to be an amendment. This would cause many other aspects to get a closer look like flag burning.

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  9. I don't think Roe v. Wade could be overturned because that would cause way too much controversy to Trump's campaign and he would fear not be reelected. People all over the country would be way too upset and if Trump was smart enough he would make decisions that are favorable to his constituents especially because he didn't even win the popular vote.

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  10. I personally believe that if Trump chooses a ultra conservative judge, then there is a solid chance of Roe v. Wade being overturned. Roe V. Wade will slowly become more accepted and as a result it will play a smaller and smaller role in future reelections. A conservative judge might rule against future cases on abortion privileges and gun control, two topics that are very important to me and the well-being of this nation.

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  11. 1) Do you think Roe v. Wade could be overturned? Why or why not? No I believe that Roe v. Wade is too important to be overturned. Woman's rights to an abortion is something that is necessary, and i believe that it would reflect incredibly poorly on Trump if he was push the Supreme Court to overturn it.

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  12. It is definitely possible for Roe v. Wade to be overturned, however it is unlikely that it would happen. To overturn a court ruling, it would require a long and difficult process: Congress has to pass an amendment or some sort to counter the ruling. in addition, there would be numerous opposition from the public preventing the case from being overturned. I do believe Roe v. Wade will be a large factor in future elections Women rights is still an important issue today, therefore one can not neglect the issue regarding woman's reproduction right in the election.

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  13. I doubt that Roe v Wade would get overturned because it will be very hard for a case to make it up to the supreme court. I believe that Roe v Wade will be a big factor in future elections because the country is heavily split on this topic. A future conservative justice could play a big role in future abortion rulings because that would make it much easier for conservatives to get it their way.

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  14. I find it unlikely that Roe v. Wade will be overturned. The idea of removing the rights for women to have an abortion can be argued in two main ways from what I have read. The first is to argue for the scientific side, saying that abortion is murder, however it has been proven that the fetus lacks many of the traits expected of a human, such as pain receptors. The second side would be to argue that it goes against a religious perspective, which legally cannot be used in court as a reason to overturn a law

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  15. In order for Roe v. Wade to be overturned the supreme court would need to be presented a case that would allow them to repeal it. Since a case about the requirement to cremate the fetal remains is currently being debated in Texas, the possibility for such a case or, at least a similar case to be disputed at the supreme court level in entirely possible. But with Trump's, most likely conservative, nomination the possibility he could potentially stack the court in favor of the conservative viewpoint. I am incredibly concerned that this will be a bigger issue in the future. If the election taught me anything, it is that we cannot assume something is impossible just because the idea is unlikely.

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  16. I don't think Roe v. Wade will be overturned. The process to overturn the ruling and pass an amendment is very long as the Court needs another case to rule on. In addition, the topic is such a controversial one that the Supreme Court would need extra time to make a decision and may be against making changes for fear of the response they may receive.

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  17. Personally speaking I do not believe that Roe v. Wade could be overturned because it concerns privacy with women rights. Also, for this law to be overturned, there would be a need of a Supreme Court case which is highly unlikely to repeal the existing law. In addition most people in the country are for women's reproductive rights which makes it almost impossible to repeal the law

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  18. I believe that there is no chance that Roe v Wade will get over turned. Even if Trump nominates additional conservative judges i do not think they will overturn the decision. Women's rights have come so far and i doubt people would put up with those rights starting to move in the opposite way.

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