In our judicial system, courts are under obligation
to follow precedent (i.e., previous rulings on the same subject), even when the
precedent is wrong, as it was in the case of Roe v. Wade and that of the
accompanying Doe v. Bolton; this makes it extremely unlikely that those
decisions will ever be overturned, and, consequently, extremely likely that any
laws that do more than regulate the inducing of abortion (and even many of
those that do only that) will be invalidated by the courts. Very recently, a judge indeed blocked a North
Dakota "fetal heartbeat" law from going into effect at the beginning
of August, writing that the legislation is unconstitutional "based on the United
States [sic] Supreme Court precedent in Roe v. Wade from 1973 ... and the
progeny of cases that have followed."
Since our highest judicial authority has held that the US Constitution
guarantees a right to murder unborn children, the one foreseeable way in which
the inducing of abortion could be made illegal in the USA would be to amend the
US Constitution—but, Gallup has made surveys on this subject also, asking
people whether they support "a constitutional amendment to ban abortion in all circumstances, except
when necessary to save the life of the mother". As you can see from the results reproduced
below, opinion has trended in precisely the wrong direction; the sole hope for
anti-foeticidists is that opinion has reversed over the eight years since the
latest poll was taken.
Favor
|
Oppose
|
No opinion
|
|
%
|
%
|
%
|
|
2005
Nov 11-13
|
37
|
61
|
2
|
2003
Jan 10-12
|
38
|
59
|
3
|
1996
Jul 25-28
|
38
|
59
|
3
|
1992
Jan 16-19
|
42
|
56
|
2
|
1984
|
50
|
46
|
4
|