Why Standing Up to Protect Roe is Mainstream

Why Standing Up to Protect Roe is Mainstream

If confirmed to the Supreme Court to replace Justice Anthony Kennedy, Judge Brett Kavanaugh would remake that body to be arguably the most conservative Court in modern history. That fact has ignited serious alarm that Roe v. Wade could be overruled. Since 1973, this case has been the keystone protection for a woman’s right to access abortion and make other important decisions about her health. And while most Americans view it as settled law, the Court could act to undo the Constitutional protections outlined in Roe.

Kavanaugh’s confirmation hearing testimony did nothing to alleviate the concerns that he will be a vote to overturn Roe. He misleadingly called contraception “abortion-inducing drugs” and emails from his time in the Bush Administration directly contradict his claims to Senator Collins that Roe is settled law. Let’s be clear about a few things. Roe v. Wade is an absolutely critical protection for millions of Americans, and wanting to preserve the Constitutional rights outlined in it is a mainstream, moderate position. It’s those who hope to overturn this decades-old precedent that are out of step with the country.

Americans across the political spectrum support Roe v. Wade

While many Americans may have conflicted beliefs on the morality of abortion, their views on its legality are clear. Polling consistently shows that nearly 7 in 10 Americans believe Roe v. Wade should not be overturned. That also includes 73% of Independent voters and 74% of women of reproductive age. In the eyes of the overwhelming majority of Americans, Roe is established law that should stay on the books.

When asked specifically if abortion should be legal, the majority of Americans are also clear in their beliefs. In fact, 6 in 10 agree that abortion should be legal in all or most cases. Even more explicitly, 81% of voters and 84% of moderates say they trust an individual to make the right decision when it comes to abortion, and don’t want more government rules on the issue. No matter how you ask it, Americans are resoundingly certain they want less government interference in a person’s decision to access abortion services, not more.

Overturning Roe v. Wade would be an extreme move by the Court

Either overturning Roe or significantly undercutting it without technically overturning it would be an abrupt and extreme action by the Court, eliminating a major foundation of 45 years of law on the books. Avoiding such legal jolts and uncertainty is why the Court is supposed to adhere to the doctrine of stare decisis, or deference to its prior decisions. As the late Justice Antonin Scalia once explained, stare decisis “fosters stability in the law.” This stability is critical for Americans to have faith in our legal system, creating confidence in our institutions and reassurance in our liberty.

Roe’s demise would shatter that stability, and it would not take long for us to feel the effects. Three states — Arkansas, Iowa, and North Dakota — have already signed “fetal heartbeat” abortion bans into law, prohibiting abortions as early as six weeks (prior to when many women know they are pregnant in the first place). These laws blatantly violate Roe and are thus rightly blocked by court orders. If Roe is overturned, the justification for those judicial blocks will disappear, meaning these states would immediately make abortion practically impossible without having to debate or vote on any further legislation.

Even more broadly, 17 states ban abortion after 20 weeks, even though 98.7% of abortions occur before that marker, and later term abortions are normally only used in cases of rare and fatal birth defects that cannot be detected earlier. These bans also have been blocked across the country as violating Roe. But an America without Roe would immediately allow those states to needlessly force women to carry fetuses that will never survive outside the womb to full term.

Conclusion

Roe is a crucial protection of Constitutional rights, and voters across the country want to preserve it. While Judge Kavanaugh has tried to dodge the issue, scratching just under the surface reveals serious questions that he will be anything but a vote to undo Roe. Overturning this landmark decision would be calamitous for the nation, and as this debate continues, every policymaker who wants to stand on the side of mainstream American values should be shouting into a megaphone to protect it.

A+
a-

In The News

Health

Voting

Opinions

Ensuring Equity and Innovation in Kidney Care: a Call to Action During National Kidney Month

When you woke up this morning, you probably turned on the light, maybe looked at your phone or went to... Read More

When you woke up this morning, you probably turned on the light, maybe looked at your phone or went to get a glass of water, all without much thought. Electricity, phone service and running water are all essentials that we give little thought to until they’re... Read More

The American Rescue Plan Is (Still) Worth Celebrating

Just three years ago, our economy was in the midst of an unprecedented crisis. Communities across the nation were reeling... Read More

Just three years ago, our economy was in the midst of an unprecedented crisis. Communities across the nation were reeling not only from the health implications of the COVID pandemic, but also from high unemployment, business closures and frightening economic uncertainty. Bold and decisive action was... Read More

Cutting Through the Generative AI Noise: What Business Leaders Should Do Now

No matter what industry you’re in, there are two things that every business leader cares about: revenue growth and cost reduction. These are the... Read More

No matter what industry you’re in, there are two things that every business leader cares about: revenue growth and cost reduction. These are the metrics that CEOs talk about ad nauseam during earnings calls. They are the keys that unlock higher business valuations, individual performance bonuses and the ever elusive... Read More

Shield Our Eyes: Lawmakers Across the Country Must Ensure Eye Surgery Can Only Be Performed by Medical Eye Surgeons 

Training and experience matter, especially when health is on the line. Just as one would rightly be concerned to discover... Read More

Training and experience matter, especially when health is on the line. Just as one would rightly be concerned to discover a flight attendant, rather than a pilot, flying their airplane, so too would most people be alarmed to find the person performing surgery on and around... Read More

Fentanyl Kills More Than 150 Americans Each Day, but Some States Keep Overdose Rescue Medications Out of Reach 

Today’s growing overdose epidemic is being fueled by fentanyl, a synthetic opioid that is 50 times stronger than heroin and 100... Read More

Today’s growing overdose epidemic is being fueled by fentanyl, a synthetic opioid that is 50 times stronger than heroin and 100 times stronger than morphine. In fact, it’s so lethal that only a tiny amount — 2 milligrams, about the size of a pencil tip — can... Read More

Jones Act Reform Is Not a Party Issue

Many political disagreements divide neatly along party lines, but the protectionist Jones Act isn’t one of them.  In Congress and... Read More

Many political disagreements divide neatly along party lines, but the protectionist Jones Act isn’t one of them.  In Congress and state Capitols across America, politicians from the two major political parties can be found arguing for and against the law, which requires that all goods shipped between... Read More

News From The Well
scroll top