Dersh may be on to something.
Currently, a majority of Americans don’t have the moral imagination to imagine life without abortion. Allowing states to permit it will be a legal regime that they cab accept.
But once Roe is overturned, and abortion made generally illegal in some states, and once people see that the sky doesn’t cave in, then maybe the majority will see that all innocent persons, born and unborn, must be protected in law from homicide. Then, the Court could rule that the right to life of unborn persons is inherent on the Constitution, and by then, most folks will be able to accept it.
Thinking several steps ahead:
Step 1: Nominate Kavanaugh.
Step 2: Trump-state Dems vote against Kavanaugh and therefore lose election.
Step 3: There is a safer Republican margin for replacing Ginsburg, Breyer, Sotomoyer.
Step 4: Nominate more conservative judges.
Thinking several steps ahead:
Step 1: Nominate Kavanaugh.
Step 2: Trump-state Dems vote against Kavanaugh and therefore lose election.
Step 3: There is a safer Republican margin for replacing Ginsburg, Breyer, Sotomoyer.
Step 4: Nominate more conservative judges.
Nixon got FOUR on the SCOTUS. Only Rehnquist was decent. He was out in only 6 years. Trump could get 5 if he gets 8 years.
Ultimately all we can do is speculate what Kavanaugh or Barrett would do concerning Roe vs Wade.
It depends on the case itself and what sort of determination was being made.
This is something we’ll have to wait and see about.
Stupid. Derschowitz cites distinction without a difference.
He says both would overturn Roe v. Wade but Barrett would go further and ban abortions in the sovereign states. As if any SCOTUS would go that far. As far as any Supreme Court would go it to say there is no privacy RIGHT to an abortion that makes it protected federally nationwide but that the states would have jurisdiction.
That Barrett might want to go further and ban abortion outright does not mean she could or even would. Derschowitz is seizing on a stupid reason to say Trump went with Kavannaugh.
The part I agree with is that Barrett is on tap for a future pick if/when we get that lucky...she has such a short time on the bench that she has had no time to develop a judicial record...
how would you like to be Hardiman? It looks like he’s been the runner-up twice in a row now.