Posted on 05/03/2008 7:16:41 AM PDT by Darren McCarty
The controversial Roe v. Wade abortion-rights ruling will be overturned if John McCain is elected president, CNN legal analyst Jeffrey Toobin told a Baton Rouge audience Friday.
“It’s gone,” Toobin, also a legal affairs staff writer at The New Yorker, said after giving a speech about the U.S. Supreme Court at LSU’s Paul M. Hebert Law Center.
“Maybe not during his first year or second year, but it will be overturned,” Toobin said of the possible election of McCain, the presumptive Republican presidential nominee and a U.S. senator for Arizona.
Toobin said overturning the case won’t mean all 50 states will outlaw abortion, but many of the so-called “red states,” or more-conservative states, would adopt abortion bans.
“We’re talking maybe 15 to 20 states, including this one,” Toobin said of Louisiana.
“But you will still have no change in states like California, New York and Illinois,” he said.
Toobin is the author of the 2007 book “The Nine — Inside the Secret World of the Supreme Court.”
(Excerpt) Read more at 2theadvocate.com ...
I do know that Obama and Hillary will appoint leftist judges. McCain at least voted for Roberts and Alito.
Note to CNN, Please rephrase this sentence. It has been used since 1980 with Ronald Reagan, George H.W. Bush, Robert Dole, and George W. Bush inserted in place of McCain.
Is there no original thought left @ CNN???
Not as long as the Democrats hold the Senate. Even 55-45 (R) there was a lot of difficulty overcoming filibusters.
Roe v Wade overturned means democracy wins.
Toobin was one of those ambulance chasing “experts” during the OJ case that appeared ad nauseum on TV. Now he has become an expert on everything. His opinion means nothing.
True, true... but we can all still dream, right?
Democrats “fear mongering”.
What, didn’t you know that Republican Presidents could overturn laws and SCOTUS decisions? It’s only through the brave moral stands taken by liberal democrats that we have any rights left at all!
Mark
They forgot to mention that children will starve, the water will be polluted, and that senior citizens will have to eat dog food to survive.
Actually, this time they have a point. Two liberal justices will probably not last another term. Not sure McCain could get a real conservative on the court, but anything he got in would be an upgrade to Ginsburg. This is the most conservative court in my lifetime and conservatives have a 15 year youth advantage on the liberals. Conservatives are in great shape in we can keep the Dems out of the White House, where they could reload the court with liberal youth.
No, it means our representative republican form of government wins. "Democracy" helps keep ROE vs. Wade intact.
It would be worth voting for McCain to have Roe overturned.
I don’t know...McCain is liable to put Obama, Hillary, or Bubba on the Court in order to maintain his “maverick” credentials.
(A) Roe v. Wade was bad legal decision. But then the courts have the agenda and need an excuse to acheive the ends.
(B) The court would (i) need a case to hear to bring challenge to the previous decision, and (ii) need “conservative” appointments seated by Congress. If the Republicans couldn’t acheive that goal WHEN THEY RAN CONGRESS, they aren’t likely to get it through under McCain who is to the left of Bush.
(C) Ultimately it will take a Constitutional Amendment against abortion to take this issue out of the hands of activist judges and politicians. There is a consititional amendment to prohibit slavery even though our Constitution speaks of freedoms and rights. Adding an Amendment to the Constitution to protect the lives of ALL Americans does not concede that abortion was “constitutional”, it forever declares (until an amendment to repeal) that abortion is specifically UNCONSTITUIONAL.
It is a shame and tragic that there have been upwards of 50million abortions in our country. THAT is our citizenry that has been terminated “necessitating” the importation of new migrant workers who owe allegiance and their paychecks to their homelands. Mexico even encourages them to vote in both countries.
I say take the issue out of the hands of politicians who “promise”, as they have done for 30 years, to hold “the right position” on abortion. Abortion may be the law of the land but no law says my tax dollars have to go to it and Congress hasn’t even done away with that.
This is a wedge issue that the Democrats and Republicans both use. In the end abortion remains so the liberals win on it. And they get my tax money to kill babies.
Perhaps, but one of the few things McCain has been promising conservatives is appointing conservative judges. McCain is a lot of things (many not so good), but he is usually a man of his word.
Is anyone stupid enough to think McCain cares about abortion? He will put whoever his handlers tell him to put on the court.
Which American voters does this prospect upset?
Toobin and his ilk, would like us to believe this relieves us of “poor, fatherless kids. (can you say “eugenics”?)
In fact abortion largely preserves the selfish and irresponsible behavior of the very young and the middle and upper class in America.
God save us from the Leftists.
Hit one on the nose, of course but even a stopped clock is right two times a day!
And did Jeffrey Toobin hear this from McCain’s lips or did he have a fanciful dream after too much wine?
CNN doesn’t buy a whole lotta cred in my book of interest.
Eating dogfood is an improvement over what Ted Turner has said we face this century if global warming is not addressed... CANNIBALISM!!!
You are correct.
Face it, since the despicable Federalist Chief Justice John Marshall pulled his power grab in Marbury vs. Madison, inventing out of whole cloth a nonexistent alleged "power" of SCOTUS to overturn as "unconstitutional" whatever the SCOTUS justices did not like, our judiciary has been on an ever-accelerating rampage against our way of life and the constitution that you so revere has proven entirely inadequate to restrain SCOTUS and other courts run amok.
Since you’ve been following this dubious argument, do you have any idea how these people think the overturning will occur? It certainly won’t happen if there are 5 or 6 Scaliaesque justices on the SC. So what are they thinking?!
The right of the citizens through their elected representatives to determine the fate of abortion is more important than the issue of abortion to me.
IF the president could overturn R v W, President Bush would have certainly done it! The way to do it is through CONgre$$.
January 22, 2007:
Duncan Hunter’s Life at Conception Act, if passed, would define life as beginning at conception. If that happened, the Preamble, 5th, and the 14th amendments would apply to protecting the lives of the unborn. An admission made by the court in their Roe v. Wade ruling when Justice Blackmun wrote; If this suggestion of personhood is established, the appellant’s case, of course, collapses, for the fetus’ right to life would then be guaranteed specifically by the Amendment.
In the 109th Congress, the Right to Life Act was cosponsored by 102 Members of the U.S. House of Representatives.
In the 110th Congress, there were even more sponsors, but I don't have the numbers handy.
The fear is that their Kumbayah moment in Denver will deliver her to the White House in order to deliver him to the Supreme Court.
Where do citizens rights or their elected representatives fit into Roe vs Wade??? It was a VERY BAD law made by SCOTUS and had NOTHING to do with the citizens or their elected representatives.
Although, if their elected representatives had any intestinal fortitude, they would have immediately did some checks and balances work informing SCOTUS they are the judicial, NOT the legislative branch of the federal government! Cowards!
>> He also thinks Obama will end his career on the Court.
Then he understands nothing of the confirmation process. The Reverend Wright connection alone is enough to send an Obama SC nomination the way of Robert Bork’s.
H
I’m wondering how big the butts are of these reporters that they are constantly able to pull things out of them.
If you defend 50 million intentional homicides, so long as they are the result of an exercised (???) "right of the citizens through their elected representatives to determine the fate of abortion," in spite of the 14th Amendment federal guarantees that states may not deprive anyone of life, liberty or property without due process of law or deny anyone the equal protection of the law, what makes representative government sacrosanct if SCOTUS finds that inconvenient as SCOTUS has often found?
In any event, one innocent child is worth infinitely more than a regularly violated piece of paper. One message of the Nuremburg trials was that there are basic human rights that are not determinable by majorities or constitutions of any nation. German abortionists were convicted of performing abortions as crimes against humanity during the Nuremburg trials.
If Mc Cain gets elected, I would not be surprised to see him nominate Billy and Hitlery Clintooooooon to the Supreme Court, which a Democrap Congress would salivate over. So forget about overturning Roe!
You miss the point. It's not up to you or me if abortion is legal or not; it's up to all of us.
if the collective wisdom of the people of this country wishes abortion legal then so be it.
My objection is the courts taking that decision out of our hands.
At least give folks like yourself a chance to pass a constitutional amendment banning the practice.
Some cowards say that the senate will never confirm them. Well, they will confirm the next Breyer if there is a dem majority. That next Breyer will likely be 45-55 years old too, like Thomas and Roberts which means we are stuck with him for 34 years like we were with William Brennan.
He’s going to nominate a justice to overturn his signature piece of legislation? Remember, one of his closest allies gave us Souter.
>>>>>“It’s gone,”
Hallelujah!
I see that you joined FR two weeks ago and though I have my suspicions, I will refrain from labeling you as a troll. But, let's look at some facts:
From the Declaration of Independence:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men,
We are told here that LIFE is a RIGHT endowed by God, that means that man CANNOT take it away without reason AND that governments are instituted to SECURE life.
From the Preamble to the Constitution of the United States:
and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Life is surely a Blessing of Liberty as seen above and notice we see the term SECURE used again, this is the reason for the Constitution. Moreover, the word "POSTERITY" means those not yet born, that is the unborn.
From Amendment V:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, . . . nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
And Amendment VI:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law,
These two Amendments explain the ONLY manner in which ANYBODY can be deprived of their God-given RIGHT to LIFE. They must be first INDICTED by a grand jury AND then be CONVICTED by an IMPARTIAL jury. Of the 50 MILLION Americans MURDERED under Roe v. Wade, NONE have received this due process.
You speak of the "right of the citizens" to decide abortion, we DON'T have that right, we NEVER have. YOU seem to have adopted the liberaltarian belief that the people have the right to decide everything, that is simply NOT the case. We CANNOT take away those rights bestowed by God and the fact that some unelected judges decided to does not make it so.
The controversial Roe v. Wade abortion-rights ruling will be overturned if John McCain is elected president, CNN legal analyst Jeffrey Toobin told a Baton Rouge audience Friday.
Hey Toobin, you say that like it's a bad thing.
The controversial Roe v. Wade abortion-rights ruling will be overturned if John McCain is elected president, CNN legal analyst Jeffrey Toobin told a Baton Rouge audience Friday.
Hey Toobin, you say that like it's a bad thing.
For all the hype, we did get Roberts and Alito. We also got of the high profile fights, Priscilla Owen, Janet Rogers-Brown, William Pryor, Terrence Boyle, Brett Kavanaugh. Only two high profile fights that I know of were lost. Three if you count the Harriet Miers fiasco, but I don't consider that one a loss. Henry Saad and one other I don't remember offhand. The Saad one (thanks to Carl Marx Levin and Debbie Stupidnow screwing this state) pisses me off as a Michigander, but I don't expect anything less by these jerks I've voted against on multiple occasions.
"Make no mistake, abortion-on-demand is not a right granted by the Constitution. Nowhere do the plain words of the Constitution even hint at a "right" so sweeping as to permit abortion up to the time the child is ready to be born."
"We cannot diminish the value of one category of human life--the unborn--without diminishing the value of all human life."
"Abraham Lincoln recognized that we could not survive as a free land when some men could decide that others were not fit to be free and should therefore be slaves. Likewise, we cannot survive as a free nation when some men decide that others are not fit to live and should be abandoned to abortion or infanticide. My Administration is dedicated to the preservation of America as a free land, and there is no cause more important for preserving that freedom than affirming the transcendent right to life of all human beings, the right without which no other rights have any meaning."
~~~~ President Ronald Reagan : "Abortion and the Conscience of the Nation", 1983
There is a place for banning abortions. That is through each of our state governments. Murder is a state issue. If I killed you, I'm charged in state court with murder, not federal. That's how it is supposed to be.
The declaration of independence is important, but it is not law. The fifth and sixth amendments are important as it limits what government can do. There may be a case there to stop any tax funding of abortions through a creative argument, enough of one to send to a pro-life attorney to ask what the chances to win are.
I'd like to see all abortions end, asap. There's a process that has to be used however to have that done (overturn Roe v Wade, then go to the state legislatures), or that process could bite us in the ass at a future date when a future court overturns that and replaces it with 3rd trimester abortion on demand.
This issue is intractable and the only means of securing a solution is to pass a constitutional amendment.
However what I suspect the pro-life force are looking for is a court decision to ban abortion and not a Constitutional amendment. Does this not make their objections to Roe v Wade rather hypocritical?
A constitutional amendment is the only answer.
So, you view the pro-life movement as "force"? Strange term to use, but I assume you oppose it.
I agree that a Constitutional amendment is preferable ONLY because this precludes a later court decision reimposing infanticide.
That was Warren Rudman, McCain's old campaign manager, not McCain himself.
CNN legal analyst Jeffrey Toobin ...
some legal analyst....100% in the tank for b.HUSSEIN and all other lib/dems!!!
However, if a constitutional amendment could be passed banning the procedure, with the exception of saving the life of the mother (in those rare instances), I would not shed a tear.
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