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Abortion Decision Raises the Stakes in the 2008 Presidential Race

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The outcome of the upcoming 2008 presidential race will be influenced by the candidates' positions on the significant issues that are captivating the minds of the voters. These issues will be the subjects of numerous debates that will be held as part of the presidential campaign. With the emergence of the Internet as an effective campaign tool, the release of online political videos will bring the presidential candidates views on these issues on the world stage.

The war in Iraq is probably the biggest and most relevant issue that the candidates will debate on as the unstable situation in the country and the absence of any weapons of mass destruction has triggered a fierce debate on increasing or withdrawing the troops stationed in Iraq. The war in Iraq is also connected to the war on terrorism and Iran's desire to develop nuclear capabilities. Of course, there are also other less controversial but nonetheless very important issues such as health care, immigration, same sex marriage, Social Security, global warming and abortion.

The Supreme Court decision this week on "partial birth abortion" (in quotes because the term was coined by the pro-life side as a PR tool) means that no matter what else is said about the Bush Administration, his judicial appointments have created a seismic shift in the law of the land and social policy. And, with more openings sure to come in the next several years, the next president will have a dramatic impact on these types of decisions. If another social conservative is elected president who will appoint similar justices to Roberts and Alito, I would guess Roe v. Wade will be overturned or severely cut down making abortion in America more and more difficult.

This week's decision did a few things that prove this point. First, it revisited an issue that was largely already decided in a previous case when Sandra Day O'Connor was on the bench and the court found the ban unconstitutional. That means a more conservative court would likely find a way to overturn Roe despite the fact it has been the law for 40 years.

Second, this decision made no exception for the health of the woman. That has always been an exception and most late term abortions are performed for this reason. Third, this decision talked in terms of "morality" and the impact of abortion on the mental health of the woman, arguing women may not be aware of the effects. This argument further opens the door to overturning Roe on moral rather than legal grounds.

Finally, this decision delved heavily into the medical procedure itself, describing it in great detail and then making a determination that in the Court's eyes it should be considered a criminal act. That is a dangerous precedent for many other medical procedures other than abortion but certainly again gives another argument to pro-life activists seeking to chip away and overturn Roe.

All the presidential candidates will now have to answer questions about abortion and judges and we all have to listen very carefully to the answers because abortion rights and other issues related to privacy hang in the balance.

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