“The next president and vice president will be the most pro-choice in US history. Or the most pro-life.”
And it’s not likely to matter. The end of prenatal infanticide will come in this country. But not as a result of anything the politicians or judges do.
A Supreme Court (with one or two McCain-appointed justices) that overturned Roe would send the decisions about abortion back to the states, where things could change rapidly.
Roe's overdue to be trashed. It's so laughably unconstitutional, even pro-choice legal scholars deride Blackmun's feeble reasoning:
"One of the most curious things about Roe is that, behind its own verbal smokescreen, the substantive judgment on which it rests is nowhere to be found." Laurence H. Tribe, "The Supreme Court, 1972 Term--Foreword: Toward a Model of Roles in the Due Process of Life and Law," 87 Harvard Law Review 1, 7 (1973).
"As a matter of constitutional interpretation and judicial method, Roe borders on the indefensible. I say this as someone utterly committed to the right to choose, as someone who believes such a right has grounding elsewhere in the Constitution instead of where Roe placed it, and as someone who loved Roe's author like a grandfather." Edward Lazarus, (former clerk to Harry Blackmun) "The Lingering Problems with Roe v. Wade, and Why the Recent Senate Hearings on Michael McConnell's Nomination Only Underlined Them," FindLaw Legal Commentary, Oct. 3, 2002
"Blackmun's [Supreme Court] papers vindicate every indictment of Roe: invention, overreach, arbitrariness, textual indifference." William Saletan, "Unbecoming Justice Blackmun," Legal Affairs, May/June 2005.
"What is frightening about Roe is that this super-protected right is not inferable from the language of the Constitution, the framers' thinking respecting the specific problem in issue, any general value derivable from the provisions they included, or the nation's governmental structure. Nor is it explainable in terms of the unusual political impotence of the group judicially protected vis-à-vis the interest that legislatively prevailed over it. . . . At times the inferences the Court has drawn from the values the Constitution marks for special protection have been controversial, even shaky, but never before has its sense of an obligation to draw one been so obviously lacking." John Hart Ely, "The Wages of Crying Wolf: A Comment on Roe v. Wade," 82 Yale Law Journal 920, 935-937 (1973).