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Will A Romney Presidency Reverse Roe v. Wade?

Will the presidential election determine the fate of a woman's right to choose?

by Long Island Attorney Paul A. Lauto, Esq.

As election day draws near, there is one political hot potato that is getting limited attention.  That is, what this election could mean for the fate of Roe v. Wade, which established a woman's legal right to choose back in 1973.  President Obama has indicated that he supports Roe v. Wade and Governor Romney has indicated that he would essentially reverse Roe v. Wade.  But if Governor Romney is elected President what is the likelihood of such reversal?    

The President appoints, subject to approval, Justices to the U.S. Supreme Court as needed.  The U.S. Supreme Court is comprised of nine Justices, four of which are over the age of 70.  Currently the Court is split 5-4 in  favor of Roe v. Wade.  If one or more Justices retire or take ill, then the president would have the opportunity to appoint a  replacement.  If that was to happen under Romney, he would undoubtedly appoint someone that shares his pro life ideology.  Therefore, depending on the ideology of the outgoing Justice, the current delicate pro choice balance within the Court could easily shift.  Accordingly, the majority of attention is focused on the oldest Justice, Ruth Bader Ginsburg.  Justice Ginsburg turns 80 years old in March 2013, is a two time cancer survivor and staunch pro choice and womens' rights supporter.  If Justice Ginsburg was to retire for whatever reason, there is a very reasonable chance that Roe v. Wade could in fact be reversed.

Perhaps noteworthy, is that in 1994 when Romney ran against Ed Kennedy for Senator in Massachussetts, he subscribed to a much different position on this issue.  In order to underscore his now extinct support of Roe v. Wade, he referenced a young woman who was a close relative, who had died years before as a relut of complications from an illegal abortion.  In our pre Roe v. Wade American history, women of means would simply travel to a state where abortion was legal to contend with an unwanted pregnancy.  Women who lacked resources, would either be compelled to endure an unwanted or risky pregnacy, utilize dangerous self abortion techniques or turn to illegal and potentially unsafe providers.  This all resulted in an alarming compromise to womens' health, privacy and equality.

Read the complete blog at www.liattorney.com/scales-of-justice.html.

This post is contributed by a community member. The views expressed in this blog are those of the author and do not necessarily reflect those of Patch Media Corporation. Everyone is welcome to submit a post to Patch. If you'd like to post a blog, go here to get started.

Haig October 26, 2012 at 02:25 PM
Why do you pose such a silly question? You know it will never happen. I can only surmise that you are a democrat hoping to scare voters into casting their ballot for your savior, obama
John Gruber October 26, 2012 at 02:53 PM
really? because Romney HAS said he would appoint justices who would be in favor of of reversing it
Eric M. Swenson October 26, 2012 at 03:42 PM
4 billion a day in US debt interest. EVERY DAY, Welfare is costing 600 billion annually, 40% of american children are on free or subsidized lunch programs, 47 million americans on food stamps........Dems trying once again to scare up votes. If the majority of people in this country think social injustices are our #1 problem then we are in big trouble.
Tom G October 26, 2012 at 06:37 PM
How reduculous! It is simply the use of scare tactics to scare people into believing this will happen.
CJ October 26, 2012 at 07:31 PM
Think of how that # can increase if there's no option for a woman to get rid of an unwanted, unplanned child. I'm not saying that anyone should be reckless or cavalier about abortion, but it's an option that shouldn't be taken off the table for women, for a multitude of reasons.
GM October 26, 2012 at 11:54 PM
Funny to hear how dismissive people are about this when 20% of the electorate will vote purely on the right to life matter.
John Gruber October 27, 2012 at 12:09 AM
maybe if these social injustices weren't leveled towards you, you'd be singing a different tune
John Gruber October 27, 2012 at 12:12 AM
http://www.nytimes.com/2012/10/16/opinion/if-roe-v-wade-goes.html
Argile October 27, 2012 at 02:52 AM
Propaganda to scare the feeble minded. Just like all those anti-Alschuler flyers I get in the mail from the left wingnut committee crying how Randy Altschuler will solely take away a women's right to choose. To this day I wonder why they call themselves "progressives" when more and more of them become dumb as dirt yet are pro education. Progressives and education, definitely inversely proportional to each other. LOL!!
Greg Martinez October 27, 2012 at 05:51 PM
Unfortunately, a majority of states (including NY) are pro abortion. If the unconstitutional Roe vs. Wade decision is overturned, each state will have its own laws. Contrary to the wishes of the socialists, this election is not about abortion or birth control. It is about a sunk economy, liberty, and the failure of the current President to defend our own embassies and recognize we are at war with international radical Islamists.
John Gruber October 27, 2012 at 06:37 PM
"liberty" Promoting Justices that would overturn Roe v Wade would directly take away the liberty for women to choose. Just because the issue may not directly impact you doesn't mean you just ignore it, and it's STILL not right for individual states to dictate what women can do with themselves.
Eric M. Swenson October 27, 2012 at 09:13 PM
Here's the response I'd have as a conservative if asked- "I'm personally pro-life but as a legislator I would vote choice only because, let's be honest. Women will get abortions whether they are legal or not. Therefore I'd rather it be performed by doctors at hospitals not in someone's "back bedroom." John a question for you. At what point in a woman's term would she no longer have the right to choose? And please lose the chip on your shoulder. We as citizens are allowed to disagree.
John Gruber October 27, 2012 at 11:59 PM
that's exactly my point, we ARE allowed to disagree, but we don't have to force one side to agree with the other. I personally disagree with abortions except under extenuating circumstances, but that doesn't mean I get to dictate what a women can or can't do, I just don't do it nor going out and telling other people to get them. I let them CHOOSE. There's no chip, I just severely disagree with the concept of telling people what they can or can't do regarding their bodies. As far as the term, I don't know I'm not a doctor and I'm not going to pretend I have the medical experience to make that decision. It's not mine to make.
Paul Kersey October 28, 2012 at 08:46 PM
http://mountpleasant.patch.com/articles/racine-tea-party-fires-up-the-faithful#photo-11923828 Scroll down a bit for how tolerant liberals act.
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