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Ferguson decision 58 years later in Brown v. The same arguments could have been made for keeping the pro-segregation Plessy v. Madison and discarding the Second Amendment - even though she herself has already voted to overturn D.C. Justice Sonia Sotomayor suggested, implausibly, that a decision overturning a longstanding precedent could lead to the Court throwing out Marbury v. Justice Breyer, sounding very much like a man who expected to end up on the losing side of the case, thundered about the Court’s institutional need to avoid revisiting past decisions even if seriously erroneous. Its defenders instead circled the wagons around the institutional importance of adhering to past precedents. Nobody seriously defended Roe as a correct reading of the Constitution. But the vast majority of pro-lifers didn’t get upset about any of Kavanaugh’s statements in 2018 - because he didn’t say what a lot of pro-abortion commentators now want to pretend he did.Īnd to top it off, the Editors described the progressive justices’ performances like this: The Supreme Court has given pro-lifers ample reason to be suspicious of any nominee to it. (Whether she will agree with his decision is of course another matter.) But if he concludes that there are nonetheless good reasons to overrule them, he won’t be contradicting anything that Collins has said that he said.
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He will treat them as precedents of the Court to be considered. If Kavanaugh votes to overrule Roe and Casey, presumably it will not be merely because he thinks they were wrongly decided as an original matter he will grant that their holdings deserve more weight than they would if the Court were coming at them fresh. Ramesh Ponnuru also sounded a positive note on the Kavanaugh front, observing that Kavanaugh never promised to uphold Roe, contrary to the claims of some legal commentators: After the argument, none of the four gave any strong indication that they are wedded to keeping Roe, and Kavanaugh in particular - who has been the subject of the most worries by pro-lifers - appears to be particularly ready to end the Court’s misbegotten five-decade involvement in abortion law. I have long assumed that Roberts might be a sixth vote to overturn Roe but not a fifth vote.
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As a result, all that is needed to end Roe is for the three Donald Trump appointees (Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett) to vote with Thomas and Alito, or for two of them plus Chief Justice John Roberts to do so. Justices Clarence Thomas and Samuel Alito have long been certain votes to overturn Roe. I am, like Ed Whelan and our editorial, now guardedly optimistic about the prospects of the Supreme Court overturning Roe v. Here’s how Dan McLaughlin was feeling after reviewing some of the most memorable moments in oral arguments: At last, constitutionally guaranteed abortion up to birth, a barbaric allowance made few places else on the planet, may be at an end in the United States. Jackson Women’s Health Organization on Wednesday provided hope that the ghastly legal precedent set in the former case may be - belatedly and deservedly - overturned by the latter. Wade came down, the oral arguments in Dobbs v. (Isaac Schorr)Ĭlose to 50 years after the ruling in Roe v. Pro-life demonstrators gather outside the Supreme Court during oral arguments in Dobbs vs.