Roe v. Wade?

Question

Is there any chance that Roe v. Wade could ever be overturned? Wouldn't that be the same as taking away the freedom given to African Americans or women, seeing as it gives women freedom over their own bodies? I am NOT looking for an argument, nor am I trying to make any sort of a political statement. I am just curious if it is even possible to overturn such a judgment. Please be respectful of me and others when answering. Thanks!

Let me add the reason that I am asking this question: a long time ago, I heard the argument that it could never be overturned because it set a legal precedent (or something like that...I'm not a lawyer, so I may have gotten the phrase wrong). I don't know if this will change anyone's answers. If you can give me legal sources, it would be helpful. :)

Glinda and cantcu: I asked because I was curious. I am thinking about writing a paper about this, and was looking for an answer to a question, nothing more. This is why I asked for legal citations if possible. I would strongly suggest that you troll elsewhere, because I will not allow my question to be a forum for your hatemongering and ignorance.

Glinda: I "threw African Americans in there" because both African Americans and women have only recently been given certain freedoms and rights, and I felt that there was an applicable comparison. Get over yourself.

Answer 1

Roe v. Wade is not the law of the land. Roe v. Wade set up a trimester system to determine when states could regulate or ban abortion. That standard has been replaced by the holding in Planned Parenthood v. Casey that said that states could not put an undue burden on a woman's right to terminate a pregnancy pre-viability. Most recently, the Supreme Court held that the state has an interest in preserving fetal life and could make laws prohibiting certain types of abortions as long as they are narrowly tailored and do not place an undue burden on a woman's right to terminate her pregnancy. So yes, it is possible to overturn Roe v. Wade and it probably has already been overturned.

Answer 2

Yes. The Supreme Court can overturn prior decisions. The Supreme Court has done so on several occassions. Most noteworthly is that the Supreme Court once held that separate schools for black and white children were okay and then reversed that decision in the 1950s with the case Brown v. Board of education.

It is likely if President Bush appoints another justice to the Supreme Court that Roe v. Wade will be overturned. The Roe v. Wade case and the subsequent Supreme Court rulings stand for the proposition that a women has a fundamental right under the United States Constitution (i.e. federal law) to obtain an abortion, within certain limits. For instance, states legislatures and courts are allow to limit abortions in the third tirmseter and partial birth abortions.

If Roe v. Wade is overturned, that does not necessarily mean that abortion will be illegal, and that a woman does not have freedom over their own bodies. In essence, reversing Roe v Wade means that individual state legislatures and courts will decide the appropriateness of that procedure for the people of their state. This most likely wil result in abortion be outlawed in transitionally conservate southern states, such as South Carolina, Louisana, Georgia, Texas etc. Probably abortion will still be allowed in more liberal (and enlightened) states such as New York.

However, if Roe v. Wade is overturned and abortion becomes illegal in conservative states, this will greatly limit the options for poor preganant women who can not travel to a state where abortions are legal. Leaving those women with the choice of delivering an unwanted child or taking the risk of an unsafe "back" alley abortion.

Answer 3

Yes, the court can overturn it/reverse the decision. It’s happened before with other issues. For example, in Plessy v. Ferguson the Supreme Court ruled that segregation was not unconstitutional if the facilities were "equal." That ruling was reversed in Brown v. the Board of Education.

Personally, I think there’s a rather large possibility that *eventually* Roe v. Wade might be overturned/reversed. All it will take is getting the right judges on the court.

Answer 4

I would love nothing more than for Roe v. Wade to be overturned, but sadly I don't think that it will ever happen. And no, it would absolutely not be the same as taking away the freedom given to African Americans or women. Roe v. Wade takes away the right to life than unborn babies have. So yes, it is possible for it to be overturned, but highly unlikely.

Answer 5

In our money driven, christian based government, the simple answer is yes.

However, that does not make it right. The Constitution makes it very clear on the separation of church and state, and Roe v Wade is just one of those area's that unless you just spam the Supreme Court with protests that this is NOT what the American People want then it will be over turned.

"What good fortune for the governments that the people do not think" Adolph Hitler.

Think and speak up or you just might find yourself in the proverbial 1930' of the National Socialist way of thinking....IE that's the Nazi's for those who don't think or read.

And to answer your question, yes any ruling can be over turned. Nothing is set in stone, even our Bill of Rights (thats what the Supreme Court makes decisions on all the time btw.)

Answer 6

The Supreme Court does overturn the decisions of previous courts, but not very often.

In my opinion, it should be overturned because the reasoning that the justices used was illogical and flawed. Often the Court is called upon to balance the rights of two or more different parties; but how do you give more weight to the right to privacy than you do to the right to life?

Answer 7

Then why would you ask it?

Of course there is a chance, and we can go return to yesteryear, the good old days of back alley abortions and kids dieing of septicemia, in addition to the fetus! So I guess, why don't we just get a live one while we are at it?

I don't understand people who want to force others, who KNOW their circumstances, to have a child which all you do is ***** because they are on assistance.

Like Pontius Pilot you just want to wash your hands of the child after they are born, or worse, make them live in abject poverty!.

Women aren't baby factories for the rich, and most who have them DO NOT give them up!

Answer 8

Wtf did you throw African Americans in there with roe vs wade? Not looking for an argument my azz. Grow up, or better yet take the white pointy sheet off your head, then ask a reasonable question.

Answer 9

Yes, anything is possible.