With its recent addition of Justice Kavanaugh, the Supreme Court now has five Republican-appointed judges who may vote in favor of overturning or significantly compromising Roe v. Wade. Additionally, Justice Kavanaugh and his colleagues may have the opportunity to make this decision relatively soon.
Earlier this year, Iowa passed a “heartbeat bill” banning abortion after approximately six weeks gestation age. A temporary injunction has been placed on the law as abortion advocates fight it in the courts. This law may find itself before the Supreme Court in the coming years, and if the Supreme Court upholds Iowa’s law as constitutional, the pro-choice precedent established by Roe would be largely overturned.
But this is not the only reason pro-lifers should be hopeful. The two oldest judges on the Supreme Court, Justice Ruth Bader Ginsburg (85 years old) and Justice Stephen Breyer (80 years old), are both pro-choice. Ginsburg could retire any year now, with Breyer following shortly thereafter, meaning they could be replaced by pro-life judges, shifting the balance of the court further in favor of the pro-life position. Relatedly, the oldest pro-life judge, Justice Clarence Thomas, is only 70 years old, and likely has more than 10 years until retirement.
Though many pro-lifers understandably have issues with President Trump and the GOP establishment, the fact remains that Trump and the Republican Senate have been allies to the pro-life cause when it comes to confirming Supreme Court nominees who will likely overturn Roe. This is important because if either Ginsburg or Breyer retire within the next two years, President Trump and the Republican Senate would likely replace them with pro-life judges.
It is important to remind everyone that overturning Roe would not make abortion illegal nationwide. Overturning Roe would allow every state to pass its own abortion laws as it sees fit, and many pro-life states would be able to implement legislation they previously couldn’t. Overturning Roe is by no means the final battle; however, it would still be a tremendous pro-life win.
Today’s Supreme Court is the most pro-life Supreme Court modern America has seen, and for the next decade, the ideological composition of the court can only improve. Additionally, the Washington Post recently reported that abortion rates in America have hit an all-time low since Roe. In the post-Roe era, pro-life advocates have never had more reason to be optimistic, and the first of our inalienable rights, the right to life, is growing stronger every day.
[Today’s guest post by Ryan Everson is part of our paid blogging program.]