The Supreme Court Will Not Overrule Roe v. Wade

The recent confirmation of two purportedly conservative Justices to the Supreme Court has fueled media speculation that the Supreme Court may be “poised to overrule Roe v. Wade.” The speculation has been fanned by South Dakota’s recent enactment of a law banning virtually all abortions for the stated purpose of getting the Supreme Court to reconsider Roe. The pro-life forces also take encouragement from the fact that the Court has agreed to hear the government’s appeal from lower court decisions holding unconstitutional Congress’s ban on “partial birth” abortions. Finally, based on the assumption by the prolife forces that there are now four Justices on the Court willing to overrule Roe (Chief Justice Roberts, and Justices Scalia, Thomas and Alito), the possible retirement of Justice Stevens and his replacement by a Bush-appointed “pro-life” Justice would ensure the overruling of Roe, and with it a woman’s constitutional right to make the choice to end an unwanted pregnancy by a safe and legal abortion.

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