Is that so?
The idea that the Republican Party doesn’t really want to repeal Roe v. Wade rests on Supreme Court decisions that were the product less of political scheming and more of happenstance and luck.
Roe was in serious jeopardy as early as the late ’80s, as the Reagan administration took the position that Roe should be overruled and states passed envelope-pushing statutes to generate test cases. In 1989, the Court issued a ruling in Webster v. Reproductive Health Services, which considered a Missouri law that defined life as beginning at conception and declared that “unborn children have protectable interests in life, health, and well-being.”
But Roe survived the first major attempt to dismantle it. Chief Justice William Rehnquist (who dissented in Roe) tried to assemble a coalition for effectively ending Roe but fell one vote short. The result was an opinion that expressed hostility to Roe without changing the legal status quo.
The roadblock was Justice Sandra Day O’Connor, who in a concurrence insisted that the Missouri statute did not require the Court to consider whether Roe was correctly decided because the “fetal personhood” language did not have concrete legal meaning.
Roe survived, but the threat was clear. “For today, the women of this nation still retain the liberty to control their destinies,” Justice Harry Blackmun, Roe’s author, famously wrote in his dissent. “But the signs are evident and very ominous, and a chill wind blows.”
By 1991, the Court’s two liberal lions, William Brennan and Thurgood Marshall, were gone, replaced by nominees of President George H.W. Bush. Combined with the four apparent anti-Roe votes in Webster, this seemed to make overturning Roe a question of “when,” not “if.”
The vehicle was the 1992 case Planned Parenthood v. Casey. The case involved a Pennsylvania statute that imposed several restrictions on abortion that the Court’s previous applications of Roe had deemed unconstitutional. The American Civil Liberties Union’s Kathryn Kolbert, who argued the challenge to the Pennsylvania’s statute in front of the Court, essentially assumed that Roe was doomed and largely dedicated her argument to urging the Court to directly face the question of whether Roe was still good law, rather than continuing to dodge the question as it had in Webster.
But the expected ruling didn’t happen. After initially voting in conference to overrule Roe, Justice Anthony Kennedy ended up collaborating with fellow Republican nominees Sandra Day O’Connor and David Souter to craft a compromise upholding Roe.
The essential holding of Roe — that the 14th Amendment protects the right to choose to have an abortion prior to fetal viability — was explicitly reaffirmed. But Roe’s “trimester framework,” which forbade virtually any regulation of first-trimester abortions, would be replaced with the “undue burden” test O’Connor had long advocated.
https://www.vox.com/2019/5/15/18623073/roe-wade-abortion-georgia-alabama-supreme-court
One thing for sure even SCOTUS is not too far above from being held accountable at coming under review when it comes to its relationship with U.S. Constitutional law, the well being of society and how it is expected to defend Democracy. Now if your tRump ass kissers want a lawless, un American and uncivilized court, do it on your own time and offsite of U.S. territory.
Isaiah 6:5
“Woe to me!” I cried. “I am ruined! For I am a man of unclean lips, and I live among a people of unclean lips, and my eyes have seen the King, the Lord Almighty.”
Into the Night (10-28-2020)
Isaiah 6:5
“Woe to me!” I cried. “I am ruined! For I am a man of unclean lips, and I live among a people of unclean lips, and my eyes have seen the King, the Lord Almighty.”
Isaiah 6:5
“Woe to me!” I cried. “I am ruined! For I am a man of unclean lips, and I live among a people of unclean lips, and my eyes have seen the King, the Lord Almighty.”
It's the LW reporter and his friend, cofounder of Vox, who are asking to abolish SCOTUS. The Harvard law professor only advises 18 year term limits, which is reasonable whereas abolishing SCOTUS is a wackadoodle idea.
Mark Tushnet
If you look at the overall course of US Supreme Court history, the description that you’ve offered is basically correct. But there are exceptions, as there always are, to that kind of generalization. One is the relatively brief Warren Court era, which still occupies the imagination of many people who think about the Constitution.
We’ve had the Brown v. Board of Education decision and Roe v. Wade, and then, more recently, the Obergefell v. Hodges decision that legalized same-sex marriage — and all of these decisions were empowering for different segments of the population.
The big question is whether the gains from those kinds of protections of minority interests are substantial enough to outweigh the Court’s interference with legislation on behalf of the most powerful elements of our society. If you’re focused on many recent decisions, like Citizens United, the Court certainly seems to be favoring corporate power, but the picture is less clear when you step back and evaluate it over a much longer period of time.
"Hatred is a failure of imagination" - Graham Greene, "The Power and the Glory"
It was done at the level of government in which the Constitution indicates things like that should be done.
While a Republican Congress could propose such an amendment, there is no way on earth in the political climate we've had for years that it would ever get past being anything but a proposal. The only way Roe will ever be overturned, as it's not going to happen with an amendment, is for a case involving abortion to come to the Court. The Court doesn't go looking for cases to hear. Cases are brought to them and they decide which ones they want to hear.
"The atmosphere is among the factors that determines the Earth's atmosphere." --ZenMode
"Donald has failed in almost every endeavor he has attempted. " --floridafan
"Abortion is not a moral issue. " --BidenPresident
"Propaganda can also be factual." --Flash
"Even after being vaccinated, you shed virus particles." --Jerome
"no slavery is forcing another into labor" -archives
"Evs are much safer from fires" -- Nordberg
"Abortion has killed no one." -- LurchAddams
"The atmosphere is among the factors that determines the Earth's atmosphere." --ZenMode
"Donald has failed in almost every endeavor he has attempted. " --floridafan
"Abortion is not a moral issue. " --BidenPresident
"Propaganda can also be factual." --Flash
"Even after being vaccinated, you shed virus particles." --Jerome
"no slavery is forcing another into labor" -archives
"Evs are much safer from fires" -- Nordberg
"Abortion has killed no one." -- LurchAddams
The Senate has the right to conduct the trial. Only the Senate. Not you. Not the supreme court. You do not get to override the Senate. You are not the king. Following the Constitution is not treason.
None given. That's why the Senate threw it out.
The House does not have subpoena authority. Only the court does. Trump does not have to witness against himself and he doesn't have to allow the House to usurp the authority of the President. See the Constitution of the United States, Articles I and II.
Kavanaugh is not destroying anything. The United States is and never was a democracy. It is a federated republic.
You are denying the Constitution of the United States. It is YOU that is advocating trampling all over U.S. Constitutional law. Inversion fallacy.
Buzzword fallacy.
Buzzword fallacies. You deny the Constitution of the United States.
The U.S. is not a democracy. It never was.
Neither Trump nor the Senate nor Kavanaugh has violated anything in the Constitution of the United States.
Sour grapes. Denial of the Constitution. TDS.
"The atmosphere is among the factors that determines the Earth's atmosphere." --ZenMode
"Donald has failed in almost every endeavor he has attempted. " --floridafan
"Abortion is not a moral issue. " --BidenPresident
"Propaganda can also be factual." --Flash
"Even after being vaccinated, you shed virus particles." --Jerome
"no slavery is forcing another into labor" -archives
"Evs are much safer from fires" -- Nordberg
"Abortion has killed no one." -- LurchAddams
"The atmosphere is among the factors that determines the Earth's atmosphere." --ZenMode
"Donald has failed in almost every endeavor he has attempted. " --floridafan
"Abortion is not a moral issue. " --BidenPresident
"Propaganda can also be factual." --Flash
"Even after being vaccinated, you shed virus particles." --Jerome
"no slavery is forcing another into labor" -archives
"Evs are much safer from fires" -- Nordberg
"Abortion has killed no one." -- LurchAddams
Bookmarks