On July 9, President Trump announced he would nominate Judge Brett Kavanaugh to fill the vacant U.S. Supreme Court seat following the retirement of Anthony Kennedy.
Judge Kavanaugh is undeniably qualified to serve on the Supreme Court. Yet before his nomination was even announced, criticism began. The Women’s March embarrassed itself by sending out a press release naming the nominee as “XX.” They forgot to paste in the name of the nominee before predicting a “death sentence for thousands of women.”
The potential that Kennedy’s replacement may create a majority in favor of overturning Roe v. Wade is the cause of these unhinged reactions. What would actually happen if Roe was overturned?
It’s important to note that thousands of women across the fruited plain will not die in childbirth, or however else the Women’s March expects them to brutally die at the hands of the nefarious Justice XX.
What would actually happen is the U.S. Supreme Court would correctly recognize that the U.S. Constitution is silent on abortion. Abortion laws would once again be in the hands of the voters to choose.
Letting voters choose abortion laws poses a serious problem for pro-abortion organizations. A vast majority of Americans reject the effects of Roe v. Wade and Doe v. Bolton, which together legalized abortion-on-demand through all nine months of pregnancy.
Gallup routinely does polling on abortion. In May, they released a detailed poll about the legality of first or third trimester abortions in specific cases. Only 29% polled believe third trimester abortions should be legal for children diagnosed with Down syndrome. An Indiana law banning abortions targeted at children with Down syndrome was recently overturned because of Roe v. Wade.
More than 90% of abortions are done purely for social or economic reasons. According to the Gallup poll, only 45% of Americans believe first trimester abortions for those reasons should be legal. Roe v. Wade takes away any opportunity to address that in any significant way.
If we want to uphold our core democratic values, we must not reject fair judges simply to disenfranchise a majority of American voters. Groups calling themselves “pro-choice” should welcome the opportunity to give voters a chance to debate abortion in the public square.
Would Judge Brett Kavanaugh potentially be the fifth vote to overturn Roe v. Wade? We won’t know until we get there. If we do, we have nothing to fear but democracy itself.