DimWit Politics

Is Roe v. Wade in danger in a Trump Court?

 Breaking News
  • Trojan Horse – Did Merkel Allow 5,000 War Criminals Migrate into Germany? A damaging new report in a German newspaper claims that since 20014, German Chancellor Angela Merkel’s government has allowed thousands of war criminal migrants to slip into the country. The...
  • Pelosi Slaps Down the Impeachment Faction House Speaker Nancy Pelosi’s pouring ice cold water on the impeachment faction of her Democrat caucus reminded me of the lion tamer snapping the whip at the apparently restive cats....
  • Ilhan Omar Does It Again You would think that freshman Congresswoman Ilhan Omar would sheath her tongue after getting a huge pass from her fellow Democrats for her anti-Semitic trope. But nooooo! (Incidentally, I can...
  • Border Crossing Children Never Had It So Good One of the more preposterous political narratives is the Democrats’ contention that tens of thousands of immigrant children are suffering because of ill-treatment by our immigration policies generally and by...
  • Omar Puts Democrats In Bind On Anti-Semitisms She did it again!  Newly minted Minnesota Congresswoman Ilhan Omar has once again shown her deep-seeded contempt for Israel and Jews.  This time she accused fellow Democrats who do not...

Is Roe v. Wade in danger in a Trump Court?

Is Roe v. Wade in danger in a Trump Court?
July 10
15:53 2018

It may come as a surprise to many to learn that retiring Justice Anthony Kennedy was not as much of a swing vote as he was a mostly dependable conservative member of the Supreme Court. However, those rare occasions when he voted with his liberal colleagues were the cause of great controversy: the most notable were Kennedy’s support of the 1964 abortion decision in Roe v. Wade and gay marriage in Obergefell v. Hodges.

The liberal community is now hyperventilating, contending that Brett Kavanaugh – Trump’s pick for SCOTUS – will overturn both Roe V. Wade and Obergefell v. Hodges. Those two issues are being ginned up by Democrats and the greater left-wing community to mount opposition for opposition’s sake. It is not likely that they will be successful in the end.

So, what will that mean in terms of the social issues where Kennedy voted with the liberals? Even though Obergefell v. Hodges was a 5/4 decision, there is zero chance that a future Court will overturn that ruling. In 2015, when that ruling was handed down, 37 states had already legalized gay marriage. Even if the Supreme Court were to reverse its decision to make it a national right, those states – and others – will continue to recognize gay marriage as a states’ rights issue. Furthermore, the opposition to gay marriage among the general public has virtually evaporated.

The issue that has the left most upset is Roe v. Wade. Those mounting the scare campaign leave the impression that abortion is at risk from a quick reversal by the Court. In this theory, the Court would declare abortion on demand to be illegal – making exceptions in certain situations. This is not likely to happen. The Court defended abortion as a woman’s civil right but gives states broad powers to regulate or limit the conditions of abortion.

That fight has been going on since 1964.

Even with a solid conservative majority, it is unlikely that the Court will overturn Roe v. Wade in one fell swoop. It is more likely to approve more restrictions on the procedures that are enacted into law by the various states. There could be such matters as requiring alternative counseling, pushing back the date of fetal viability, outlawing late-term abortions or requiring procedures be performed in certified hospitals.

There are numerous proposals that would limit the availability or desirability of abortions that could be taken up by the Court. None of this can possibly occur in the short run, however. It would take years, maybe decades, for abortion on demand to be essentially eliminated to a few exceptional cases – the most notable three being rape, incest and the life of the mother. If the Supreme Court abandoned Roe v. Wade, there would be years of battle in the state legislatures and the courts – many of which the Supreme Court would be asked to rule upon.

Another thing that may preserve Roe v. Wade with the current makeup of the Court is the very real possibility that one of the conservative justices may vote to preserve the 1973 decision. The most likely prospect is believed to be Chief Justice John Roberts. Should that be the case, a future Trump appointment – should there be one – will incite the same heated abortion debate.

Roe v. Wade may frame much of the public dialogue during the confirmation proceedings, but the real gain for the conservative constitutionalists – including this author – will be the myriad of opinions to be made by the Court over the next half-century.

About Author

Larry Horist

Larry Horist

Larry Horist is a conservative activist with an extensive background in economics, public policy and politics. Clients of his consulting firm have included such conservative icons as Steve Forbes and Milton Friedman, as well as the White House. He has testified as an expert witness before legislative bodies, including the U. S. Congress, and lectured at major colleges and universities. An award-winning debater, his insightful and sometimes controversial commentaries appear frequently on the editorial pages of newspapers across the nation. He can be reached at lph@thomasandjoyce.com.

Related Articles


  1. landtax
    landtax July 11, 17:22

    I hope the conservatives can , and other intelligent officials will be able to overturn Roe vs Wade or at least late term abortion (murder of viable infants), abortion on demand, and roll back the time of viability of the baby. Every Bible believing Christian should believe in “right to life” of the child at the moment of conception or before. These are the words of the Lord–{“…BEFORE I FORMED THEE IN THE BELLY I KNEW THEE…” JER. 1:4 KJV. What could be clearer?

    Reply to this comment
  2. MAGA
    MAGA July 11, 18:06


    Reply to this comment

Write a Comment

Special Offer

Latest Comments

Empathy and Sympathy both tend to come into play in similar circumstances and are almost...

What other nation can compare with the Peace Corps, Red Cross, money, food, clothing, etc....

You said it Mr. Horist, "THE - most compassionate, generous and caring people on earth",...

Take a Look!

Don’t Miss This!

12174 - DimWit Politics - Display - 300x250 B - [WEB].txt Displaying 12174 - DimWit Politics - Display - 300x250 B - [WEB].txt.