The future of Roe v Wade

By Tom Quiner

Sadly, the future of Roe v Wade doesn’t matter to Iowa considering the Iowa Supreme Court’s decision last year.

The Iowa Court concocted a right to abortion out of thin air. Watch the brief video clip with Tom Chapman, Executive Director of the Iowa Catholic Conference with Iowans for LIFE board president, Tom Quiner.

Chapman explains that even if Roe v Wade were to be overturned, abortion would be legal in Iowa, unless the Iowa Constitution is amended.

For that to happen, a proposed amendment to the Constitution has to pass both houses of the legislature two consecutive session. Then, a majority of Iowans must vote in favor of it.

How likely is that to happen?  It’s doable.  Our state Constitution has been amended 46 times, and as recently as 2010. So if the Iowa Constitution is amended to undo last year’s court decision, how likely is Roe v Wade to be struck down?

Again, it’s doable in light of the current composition of the Supreme Court. But there are impediments.

One impediment is public opinion. According to a NBC News/Wall Street Journal Survey last July, 71% of Americans oppose overturning Roe v Wade, a record high since they started asking the question three decades ago. That includes 52% of Republicans.

Of course, public opinion doesn’t preserve or overturn court decisions. That’s up to nine justices.

So what is the future of Roe v Wade?

The Director of Drake University’s Constitutional Law Center, Mark Kende, thinks the departure of Anthony Kennedy from the court bodes well for pro-life advocates:

Mark Kende

“I think that there is a strong possibility that the Supreme Court will gradually chip away at Roe and Casey by upholding various state restrictions that it might not uphold were Kennedy on the Court.

Specifically, the Court could easily use the undue burden test to start concluding there is no undue burden in cases where Kennedy might have viewed things differently. Over time, that would then enable the Court to approach the more fundamental question about whether there is a constitutional right to abortion at all, except perhaps in the rarest of cases.

Certainly the Iowa legislature has passed laws that could test the Court, if the Iowa litigation reaches the Court for a decision. Of course, there is restrictive legislation from other states as well that the Court could focus on.”

The last year has been defined by remarkable triumph and setback for the pro-life movement in Iowa.

Iowans for LIFE is pulling out the stops to fight back by thinking outside the box to promote a culture of life in Iowa.

We will never, ever give up the fight until the last vestige of human abortion has been eradicated.

[You can help in the fight by donating today to our pro-life billboard campaign. We need to raise $50,000; $20,000 has already been raised! Thanks to those who have already supported the project. Please, don’t sit on the sidelines, we can’t reach our goal without YOUR help!]