Election Could Decide Fate of Abortion for 40 More Years

National   |   Steven Ertelt   |   Oct 29, 2012   |   9:12AM   |   Washington, DC

While the economy dominates the election, there is much at stake for unborn children and those who want to ensure they are protected by law from the violence of abortion.

Next January, the United States marks 40 years of virtually unlimited abortion under Roe v. Wade and more than 55 million unborn babies have lost their lives in this national travesty. The next president will have an opportunity during the four-year term to leave an indelible mark on the nation’s high court.

The the average age of retirement from our nation’s highest court is 71:  Justice Ruth Bader Ginsberg is 79, Justice Antonin Scalia is 76, Justice Anthony Kennedy is 76, and Justice Stephen Breyer is 74. That makes it very likely the next president, during his four-year term, will have one or more Supreme Court appointments.

Obama stance on Roe and four decades of killing children and hurting women is clear — he’s appointed two pro-abortion Supreme Court justices in Elena Kagan and Sonia Sotomayor and they will keep Roe in place for another generation.

On the other hand, Mitt Romney has repeatedly called for overturning Roe v. Wade. He has said he would appoint the kinds of judges who would not make law from the bench as they did in 1973 with Roe, but who would strictly interpret the Constitution.

“I think the most effective next step is to have the court return the decision with regards to abortion to the American people and their elected representatives,” Romney said this month.

“And it is my preference that would return to the states and to the people and their elected representatives the issue of abortion as opposed to having the federal government impose, the Supreme Court impose its view on a one-vote majority. But that’s something that will be up to the court. That’s not something I can decide as president, that’s something which the court would have to decide,” Romney continued.

Romney’s top judicial advisors include pro-life stalwarts like former Supreme Court nominee Robert Bork and pro-life Harvard professor Mary Ann Glendon. Leading pro-life attorneys like Jordan Sekulow, David French, and James Bopp have confirmed they trust Romney as president when it comes to judges.

Cathi Herrod, the director of the pro-life Center for Arizona Policy, says the upcoming election is crucial when it comes to the Supreme Court.

“With four judges over the average age of retirement, the next President of the United States may be faced with appointing as many as four new justices to the Supreme Court,” she said. “There’s no denying it – our next President and United States Senate could dramatically alter the course of our nation.”



Americans United for Life Action President has also highlighted the importance of the upcoming vote in terms of its impact on long-term abortion law and policy.

“That’s bigger than everything else combined, because of the long-term consequences,” Yoest observed.