Is Roe v. Wade at Risk?

Supreme Court Justice Anthony Kennedy’s impending retirement may have serious implications for legal abortion in the US.  Although Kennedy was a staunch conservative, when it came to certain social issues like abortion and LGBTQ rights, he was less predictable and more liberal.  Therefore, if the next appointee cements a conservative block, the court could potentially vote to overturn existing laws like Roe v. Wade – another sobering reminder that “elections have real consequences”.    

On Jan. 22, 1973, the Supreme Court ruled that a woman's right to make her own medical decisions, including the choice to have an abortion, is protected under the 14th Amendment.  Ever since, however, legal cases brought by anti-abortionists in a number of states have been trying to chip away at the law of the land.  During the presidential campaign, Trump vowed that he would nominate justices who would overturn Roe v. Wade, and now he has the opportunity.  Senate majority leader Mitch McConnell is pushing for a vote before the November midterm elections, and as a consequence of last year’s change in Senate rules, only a simple majority is needed for confirmation instead of 60 votes. The only way to block a nominee is to have the support of every Democratic senator plus two additional GOP votes.  That’s why attention has rapidly focused on Susan Collins of Maine and Lisa Murkowski of Alaska, Republican moderates who support abortion rights.

But should we assume that all of the conservative justices on the court will vote to overturn the landmark decision?  Chief Justice John Roberts and Trump-appointed Justice Neil Gorsuch have both openly stated that "Roe v. Wade is the settled law of the land” – a precedent of the court entitled to “stand by things decided”.  Whether we will ever reach the point where these declarations will be tested remains to be seen.  What is certain is that women’s rights remains a contentious issue more than 45 years after Roe v. Wade.  Make sure your voice is heard.  Vote.

 Judith Wolf, MD                                                                                                                                                                      Associate Director, WHEP