Don’t assume Kagan will uphold abortion rights
If John McCain had been elected in 2008, a woman’s legal right to procure an abortion would be in grave danger right now.
Remember, McCain ran for president on a campaign promise to select judges who agree that Roe v. Wade is “a flawed decision that must be overturned.” Before the 2008 election, there were already as many as four votes to overturn that decision (certainly Justices Antonin Scalia and Clarence Thomas, and possibly John Roberts and Samuel Alito). Now add the two successors that McCain would have selected (to replace retiring Justices David Souter and John Paul Stevens), and voila! A strong majority, ready to sweep aside Roe v. Wade, could be in place on the Court.
The fact that the nation has been spared such a “McCain Court” is perhaps the only reason to be glad that President Obama is in office at this critical juncture. To his credit, Obama made clear his support for abortion rights during the campaign. And just recently, speaking about the search for a successor to Justice Stevens, Obama said: “I want somebody who is going to be interpreting our Constitution in a way that takes into account individual rights, and that includes women’s rights.” Read the rest of this entry »

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