HMMMM! Seems like these conservative judges that we have are doing it right now and have been. The only thing that will change and I hope it does, is they are going to leave it up to the states. It will be easier and simpler for them.
Hardly. I don't think there has been a major SCOTUS abortion decision since Planned Parenthood v. Casey, and in that case the majority was O’Conner, Kennedy, Souter, Blackmun and Stevens.
Alito has now replaced O'Conner. Kennedy is the only swing vote, and from what I have heard, he feels conned by being convinced to vote with the majority in Casey and is moving back more to a pro-life stance.
So would Rudy appoint another strict constructionist who would overturn Roe as activism? Or keep it as precedent?
The tiebreaker goes to Rudy saying presidents appoint judges who agree with a president's basic philosophy. And he is showing himself to be pro-choice in his recent statements.
Rudy would NOT be a catalyst for overturning Roe. His past efforts at smoke and mirrors have been shown as just that.