If McCain wins will he change Roe vs Wade?

Question

I heard if McCain wins he will be able to name 3 more judges. I heard if he won he would be forced by his supporters to try to pass an amendment to override Roe vs Wade.

I usually dont vote on abortion because I never though it would get overturned.

Would this to a good thing to overturn this law or is this another right being taken away from Americans?

Answer 1

The president can only appoint new justices to the Supreme Court if there are vacancies to fill.  History is full of examples of justices staying on the bench so that their replacement wouldn't be appointed by someone with a different ideology.

Constitutional amendments have proven extremely difficult to pass, and even more difficult to ratify, which is required for an amendment to become law (just ask supporters of the ERA).

Finally, in the unlikely event that Roe vs. Wade is overturned by the Supreme Court, the legality of abortion becomes a state issue (which it should have been all along, but that's a different question).  

Answer 2

The president does not have that power. The congress can pass laws to make it moot, and the Supreme Court could hear another case and overturn the precedence.

Answer 3

No

Answer 4

It's just another right that the lower echelon of America is trying to take away from the citizens.  There is no need for religion in government.

Answer 5

In order for him to name 3 Supreme Court justices, 3 have to die or retire.  I don't know how likely that is.

But the current Supreme Court is pretty conservative as it is.

No matter who is on the court, or who is elected, no president can change this by themselves.  For the court to overturn it, they have to have a case in front of them that presents the issue.

For a constitutional amendment to ban abortion, a majority of states have to ratify the amendment, if someone actually gets one written and presented to them.

Not likely to happen.

Answer 6

No,

He may be able to appoint one or two judges.  Prob not three.

and congress will still be controlled by the democrats, as it has for most of the last 50 years.

So he wouldn't be able to get any changes there.

plus, he strongly opposes legislating from the bench- that is, judges changing the laws based on their own opinions.  

In conclusion, no matter how much personally McCain abhors abortion, Roe V. Wade is here to stay.  It will never get overturned in your lifetime.

Answer 7

I don't think he will do a thing to change Roe v Wade. He can't pass a constitutional amendment because the votes won't be there. He might appoint a Justice or two but there is no guarantee they would overturn Roe v Wade. Justice Roberts is on record saying that Roe is "settled law".

Anyway, I've seen some analyses that say that if Roe v Wade were overturned, things wouldnt' change much anyway because it would just go to the states and most would allow abortion. 75% of Americans support abortion rights. It WOULD strike a crushing blow to conservatives though because they would not be able to run on the issue anymore.

Answer 8

If Roe got overturned it would become a state issue, which is where it belongs.

McCain can't overturn anything.  We elect a president, not a king.

Answer 9

well the 'right' to abortion is definitely debatable, but i don't think their would be enough popular support to overturn that decision