More conservative court may weaken abortion rights
Dems see this as moment of utmost danger for such rights
WASHINGTON — Is Roe v. Wade really in peril? The worst fears — and highest hopes — excited by the prospect of a new Supreme Court justice may well be overblown.
Democrats and liberal interest groups, gearing up for President Donald Trump’s choice for the seat opened up by Justice Anthony Kennedy’s retirement, are treating the moment as one of utmost danger for abortion rights in the United States.
Abortion opponents are confident the next justice will vote to uphold additional restrictions on abortion, if not to actually jettison the landmark Roe decision.
Just one member of the current court, Clarence Thomas, is on record in support of overturning the 45-year-old high court ruling. And justices often are cautious about blowing up precedents. Still, a more conservative court may be more willing to chip away at abortion rights by upholding state restrictions that Kennedy and the four liberal justices would have been likely to strike down.
The issue is at the forefront of the emerging nomination fight because the ninemember court has been so closely divided on abortion, and Kennedy has been a crucial fifth vote.
Lawmakers in several Republican-led states have passed aggressive regulations and could be emboldened by the prospect of a friendlier court. Among the issues currently in the courts are Arkansas’ regulation of abortion pills and a Kentucky law that would ban a common procedure for second-trimester abortions.
Trump himself has predicted Roe would be overturned because “I am putting prolife justices on the court.”
At a rally in front of the court Thursday, speaker after speaker pointed to abortion as a way to rally opposition to the eventual nominee.
“He is going to put someone on the court who will be the fifth vote to criminalize abortion, punish women and throw them in jail,” declared Ilyse Hogue, president of NARAL Pro-Choice America.
Sen. Kirsten Gillibrand, D-N.Y., a potential presidential candidate in 2020, said, “President Trump has told you he’s going to nominate someone who will get rid of Roe v. Wade.”
A onetime supporter of abortion rights, Trump attracted support from social conservatives during the presidential campaign in large part because of his strong opposition to abortion.
But now, with a golden opportunity to cinch conservative control of the high court, Trump’s supporters are downplaying the issue.