Anonymous
Anonymous asked in Politics & GovernmentPolitics · 1 decade ago

Abortion & why wasn't it resolved in the past 4 years.?

I am confused about the abortion issue. I thought that we had enough elected officials with pro-life resumes to correct this issue in the past few years. I am wondering if the Republican party is worried if it is corrected, they will have no way to attract those single issue voters. Are they intentionally not voting when they can win to secure these future votes?

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  • 1 decade ago
    Best Answer

    No.

    Abortion is the law of the land because the one branch of government that doesn't have any constitutional authority to pass laws decided that abortion is a constitutional right. That branch is the federal judiciary which made up a constitutional law out of thin air in 1973 when they decided the case Roe vs. Wade.

    Their are nine justices on the Supreme Court. In the last 4 years, 2 of them have been appointed to the court by President Bush. Cheif Justice Roberts (probably pro-life, and definitely a strict constructionist) replaced Cheif Justice Renquist (pro-life, strict constructionist) who died. Justic Alito (probably pro-life, strict constructionist) replaced Justice O'Connor (a pro-choice, moderate precedent following judge). So their was a net gain of one pro-life, strict constructionist judge in the last 4 years. No judges were appointed to the SC in Bush's first term. The current make up of the court is 4 conservative pro-life leaning justices (Roberts, Alito, Thomas, and Scalia), 4 liberal pro-choice types (Breyer, Souter, Ginsberg, and one other guy who's name I can't remember). The final justice is Kennedy, a moderate pro-choice judge. So as of now Roe vs. Wade probably be upheld 5-4 if the issue came up in a case.

    This election is the most pivotal in years, as probably 1 to 3 justices may leave the court in the next four years (probably none of the 4 conservative judges). Obama will certainly appoint liberal pro-choice judges that will uphold Roe v Wade. With Democrat in control of both houses of Congress, he will have little trouble getting his appointments through Congress. McCain will a least try to appoint pro-life judges, but will face an extremely intense fight from the liberal Democrat Congress.

    Abortion is not addressed in the Constitution and therefore, under the 10th amendment, should be left to each individual state to decide how they want to handle it. The tenth amendment says "The powers not delegated to the United States (meaning the federal government) by the Constitution not prohibited by it to the States are reserved to the States respectively or to the people."

    Should McCain appoint pro-life and/or strict constructionist judges, most people think this will be the result; that is, Roe vs. Wade will be overturned, so legalized abortion won't be federal law. Abortion will still be legal in the states that want it. So, states like Utah would probably ban abortion, while states like California would keep abortion as it is right now.

    Another possibility, it that the court will recognize the unborn as persons with the same rights as other human beings. The constitutional support for that is in the 14th amendment which says "..nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within it's jurisdiction the equal protection of the laws." In this case, abortion would be illegal throughout the United States. This is extremely unlikely, in my veiw, because public opinion is not ready for such an big change. Before such a decision, as right as it may be, would be made, it would have to have wide spread public support, which can only be acheived by argument and persuasion (both moral and scientific).

    Our elected officials have passed some restrictions on abortion during Bush's terms. They passed the partial birth abortion ban, stopped further federal funding of human embryonic stem cell research, and I think they stopped using federal money to pay for abortions. Keep in mind also that the Congress (senate and house) is dominated by pro-choice Democrats and has been for the last 2 years, so no serious anti-abortion laws would be passed by Congress.

    I hope this clears up your confusion.

  • Bob
    Lv 5
    1 decade ago

    Because abortion is a gray area and a contested issue, and it's not a pressing issue that will affect the future of our country or the world. There are MUCH bigger problems to deal with, like global warming, the stagnating economy, a resurgent Russia, failing schools, involvement in two conflicts overseas, counter-terrorism... The list goes on. The decisions we make on these things will decide the course of history. In the grand scheme of things, abortion is practically a non-issue.

    And on a much shallower level, there are some brain dead Americans who will base their votes on who is pro-choice or pro-life. The Republican Party needs the right-wing radicals and Evangelicals, but they also need those in the right-center who may not be pro-life. Both parties always want to gain the votes of centrists and independents.

  • 1 decade ago

    Because if any politician takes "credit" for making abortion illegal and then a girl dies in a botched abortion attempt, then that politicians life will no longer be worth living. It is like the old fable of the election among the mice, where both candidates talked big about hanging a bell around the cat's neck, but neither was willing to actually get near the cat.

  • Anonymous
    1 decade ago

    It is decided by the Supreme Court, not politicians. They cannot vote to make it legal or illegal. But since the President appoints Supreme Court Justices, he can have some influence, by that choice, on how a judge may vote on any number of issues.

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  • 1 decade ago

    Republicans complain cause of the Dems and then when they are in "power" they do nothing what they said they would do especially for working families, but as long as they have someone else to point to they are happy.

    Women's reproductive rights is a basic human rights issue. McCain and the Republicans have no business being involved or commenting on it unless they are Medical Doctors.

    You want to know the truth about McCain:

    http://newsone.com/elections/article/john-mccain-i...

  • 1 decade ago

    That would remove the ability of the republicans to roll out the issue every four years and take advantage of the poor saps that make up the religious right.

    Source(s): Years of watching the republicans F thins up.
  • Jay
    Lv 7
    1 decade ago

    Only the Supreme Court can overturn Roe v Wade. It doesn't matter how many politicians are pro-life.

    Source(s): I understand how the three branches of government work
  • older
    Lv 7
    1 decade ago

    it's the law of the land and they cant get enough votes to change it--there are rep. who are pro choice

  • Anonymous
    1 decade ago

    You forgot they like abortion because it keeps down the poor population and it's good for population control.

    They just like to blow smoke up people's assez,

    come on, you really think with slaughtering this many women and children over the years they give a crap about human "life" .,

    paleeeze .

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