[George W. Bush]

The logical result of justices who see sonograms and who affirm the humanity of unborn children, in terms of judicial rulings, would be to rule that one of the necessary premises of Roe was vitiated, and therefore, Roe must be vacated.

Precisely. If, for instance, we still had laws on the books about witches and how to determine if they were witches by tossing them in water to see if they float, the Court would strike those down as being based on faulty reasoning which was subsequently disproved by science. Therefore, they would strike it down, despite that such laws would have a stare decisis of many centuries.

If the supposed scientific premise is utterly flawed, any previous ruling of the Court can be overturned. That does not mean that justices who do so are turning into judicial activists. It was the Roe Court who turned themselves into medical experts and imposed their judgment based on very incomplete information.

[Mr. Silverback]

If, for instance, we still had laws on the books about witches and how to determine if they were witches by tossing them in water to see if they float, the Court would strike those down as being based on faulty reasoning which was subsequently disproved by science. Therefore, they would strike it down, despite that such laws would have a stare decisis of many centuries.

Excellent point!