Ohio leg. passes 6-week abortion ban - VETOED by Kasich; 20-week bill signed

[MarkD]

Maybe Justice Kennedy won't be on the Court any more when the case challenging this law finally gets heard by The Supremes.
Or maybe Justice Kennedy will still be on the Court, but he will have another change of heart, like he did shortly before Planned Parenthood v. Casey.
I don't trust Justice Kennedy to remain consistent. In fact, I just plain don't trust him at all.

[MarkD]

He will join Mary Fallin in the history books of people who claimed to be pro-life, but passed on their chance to be the one to get Roe overturned.  Sad!

This needed to be vetoed for strategic reasons. The challenge to Roe can't succeed when there is still a pro-choice majority on the Supreme Court.

By the time it comes to them, they might have went from 5-3 to 4-5.

I would prefer not placing any bets on judicial retirement.

Don't rely on Justice Kennedy being consistent and predictable. Sometimes I wonder if the way he decides a case depends on which side of the bed he gets up on. Back in 1992, while handling the case of Planned Parenthood v. Casey, Kennedy flipped on the abortion issue. Even his own clerks thought he was going to vote with the conservatives, and thus Roe was going to be overturned that year. When Kennedy decided to vote with O'Connor and Souter and to not overturn Roe, the clerks started serenading him with the theme music from the TV show Flipper. (Source: Prof. Mark Tushnet's book "A Court Divided," published in 2005.)
Kennedy is a "flipper" too about "gay rights." He's been in favor of "gay equality" a few times without ever having said that the Equal Protection Clause always requires equal treatment for gay people. He's been trying to avoid saying that. But over 30 years ago, when he was on the Ninth Circuit Court of Appeals, he wrote an opinion upholding the federal government's prerogative to ban openly gay people from the military. And he has voted with the conservative wing of the Court to say that the First Amendment protects the right of the Boy Scouts of America to exclude gays from being scoutmasters.

[MarkD]

This one won't last long when the higher courts get it, but Kasich is simply a pandering dick.

Yah cause the court does not respect the 10th amendment anymore

The problem is not with how the Court does or does not understand or respect the 10th. The problem is with how broadly they interpret the 14th Amendment.
Section 1 of the 14th Amendment needs to be rewritten to make its meaning narrower and clearer, so states have a clear understanding of what they cannot do, and so that the federal courts have far less discretion in choosing which laws to strike down.
Roe v. Wade was upheld (and significantly altered) in the case of Planned Parenthood v. Casey. In the latter case, the Court proclaimed "Our obligation is to define the liberty of all, not to mandate our own moral code. The first part of that statement is absolutely wrong, and thus the second part is hypocritical. We need a constitutional amendment to be adopted that tells the Court "Oh no, you don't! You do not have that 'obligation;' you do not even have the prerogative to define liberty!"
To repeat myself, if we adopt a new constitutional amendment that rewrites Section 1 of the 14th Amendment, we can make the rules about what states cannot do much more precise, and doing so we can take back the power to make laws where it belongs, in the hands of the legislatures (and voters).