Will Roe v. Wade by overturned? (user search)
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  Will Roe v. Wade by overturned? (search mode)
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Question: Will Roe v. Wade be overturned before the Democrats once again occupy the WH?
#1
Yes
#2
No
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Author Topic: Will Roe v. Wade by overturned?  (Read 3890 times)
Sam Spade
SamSpade
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« on: July 02, 2005, 09:49:56 AM »

Unfortunately, no, or at least not by this appointment.

The last major case that I can think of where Roe was in question was Planned Parenthood v. Casey in 1992. 

I heard a number of columnists wrongly claiming that it was O'Connor who was the swing vote in this case.  In actuality, it was Kennedy.  Originally, he supported the dissenters' side here, which would have, in the end, overturned Roe v. Wade, but changed his mind somewhere along the process.

The vote was 5-4.  Concurring were Souter, O'Connor, Thurgood Marshall, Stevens, and Kennedy.  Dissenting were Rehnquist, Scalia, Thomas and the oft-forgotten Byron White.

White was replaced by Ruth Bader Ginsburg in 1993.  Marshall was replaced by Stephen Breyer in 1994.  I have no doubt that both of these nominees would have sided with the majority on this one, making it 6-3.

So, even if O'Connor was replaced by a Justice who wanted to overturn Roe v. Wade, nothing would change.  The change would happen if someone like Ginsburg or Stevens stepped down from the bench and was replaced by someone against Roe v. Wade.
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Sam Spade
SamSpade
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*****
Posts: 27,547


« Reply #1 on: July 05, 2005, 12:50:01 PM »

Roe V Wade - best thing to ever happen to the GOP

Quite correct.

The best thing that can happen to the Democrats over the long run is that these types of issues go back to the state legislatures.
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