.robinvsears: Is an ‘abortion election’ looming in Canada? via torontostar
The stunning leak of the draft opinion by Supreme Court Justice Samuel Alito that would endanger women’s right to choose bears reflection by Canadians. The news that the U.S. court might overturn the 1973 Roe v. Wade decision establishing the constitutional right to abortion was not surprising. That it leaked more than a month before it was due to be announced was astonishing.
But there is a more disturbing element to this partisan court’s probable decision. English common law is grounded in precedent. Courts are typically very leery at overturning a predecessor’s decision, unless major aspects of the issue have changed in the ensuring years. When rulings are all on one side — as is the case with Roe v. Wade — most courts would simply refuse to consider an issue again. It would have the status of “settled law.
In Canada, we feel secure about the right to choose, despite the increasing vitriol of a small minority of anti-abortion activists. Every prime minister since Brian Mulroney has made it clear that banning abortion is an absolute no-go. However, the anti-abortionists are now very well-funded, have growing influence in the Conservative party and receive many times the media coverage they merit.
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