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If Roe v Wade is overturned, we should worry about the rule of law

3 20 0
21.05.2019

Donald Trump was staunchly pro-choice until he sought to become President Donald Trump. From that moment on, a centerpiece of his campaign was a promise to do whatever he could to ensure that the 1973 supreme court’s landmark decision in Roe v Wade that guaranteed a woman’s right to an abortion would be overturned. He has kept his promise and his base loves him for it. He undoubtedly believes that his strong and now unwavering anti-abortion stance will go a long way to ensuring his re-election in 2020.

How did he keep his promise? The answer is not complicated. He did it by consistently appointing judges to the federal courts that he believes are committed to the goal of overturning Roe. He has succeeded in reshaping the supreme court through his appointments of Justices Neil Gorsuch and Brett Kavanaugh and has now appointed more than 100 judges to the courts of appeals and the district courts, many of whom have been openly hostile to abortion rights in their academic writings, public speeches or judicial decisions. He now expects these judges to achieve the big prize – the overturning of Roe v Wade.

But that is not the only way in which he has succeeded. His constant rallying cry of overturning Roe and elimination abortion rights has undoubtedly emboldened state legislators to take action that they might not have dared to take in the previous 46 years since Roe was decided in 1973. We have just witnessed Alabama pass a law that forbids abortions at any time in a pregnancy, unless it is required to save the life of the mother. Even if the pregnancy resulted from rape or incest, the pregnancy may not be terminated without risking criminal prosecution of any doctor who participated in the procedure. Seven other states have recently passed restrictive abortion laws.

Georgia, Ohio, Kentucky and Mississippi have also passed so-called “fetal........

© The Guardian