Sam Spade
SamSpade
Atlas Star
Posts: 27,547
|
|
« 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.
|