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Liberals alarmed for Roe v. Wade as Supreme Court conservatives overturn 40-year-old precedent
ABC News ^ | May 13, 2019

Posted on 05/14/2019 6:49:31 AM PDT by SMGFan

If you think the Supreme Court's conservative majority won't touch well-established legal precedent: think again.

In a 5-4 ruling on Monday, the court overturned a 40-year-old precedent in a low-profile sovereign immunity case, a move liberals see as a potential indication that the precedent set by Roe v. Wade could be under threat.

Justice Clarence Thomas wrote for the majority, "stare decisis does not compel continued adherence to this erroneous precedent," referring to the principle of legal precedent.

He did not suggest that there was an urgent issue or functional problem with existing doctrine -- simply that it was wrong.

Justice Stephen Breyer, in a dissent from the court's liberal justices, quoted from a high-profile abortion case and asked, "which cases the court will overrule next?"

"It is one thing to overrule a case when it 'def[ies] practical workability,' when 'related principles of law have so far developed as to have left the old rule no more than a remnant of abandoned doctrine,' or when 'facts have so changed, or come to be seen so differently, as to have robbed the old rule of significant application or justification,'" Breyer wrote, quoting from Planned Parenthood v. Casey, the landmark 1992 case that upheld the constitutionality of abortion.

(Excerpt) Read more at abcnews.go.com ...


TOPICS: Constitution/Conservatism; Politics/Elections
KEYWORDS: docket; fearfuldems; proaborts; ruling; scotus; staredecisis
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To: libertylover

“I hope we can replace RBG before it comes up to SCOTUS.”

Is she in your “daily prayers?”


21 posted on 05/14/2019 7:21:56 AM PDT by vette6387
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To: SMGFan

Not a very good week for stare decisis overall.


22 posted on 05/14/2019 7:22:41 AM PDT by bigbob (Trust Trump. Trust the Plan.)
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To: Red Badger

Does that mean the Bush league Gonzales v Raich can be overturned and restore some of the Republic? To quote Charlie Brown:

Linus: Well, you know how it is, Charlie. You win a few, you lose a few.

Charlie: Sigh. Wouldn’t it be nice?


23 posted on 05/14/2019 7:28:41 AM PDT by sparklite2 (Don't mind me. I'm just a contrarian.)
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To: SMGFan

The though if being kept from their child sacrifices creates abject terror.

We are worse than the Mayans.


24 posted on 05/14/2019 7:31:30 AM PDT by Persevero (Desmond is not -Amazing- Desmond is -Abused-)
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To: vette6387
Is she in your “daily prayers?”

No. If I said a prayer for her I'm not sure the Lord would forgive me.

25 posted on 05/14/2019 7:31:38 AM PDT by libertylover (Democrats hated Lincoln too.)
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To: Sacajaweau

Actually there was nothing about it - the precedent was “silent”.

It was up to states and localities.

People could still have their precious killing in liberal states, if they want.


26 posted on 05/14/2019 7:32:11 AM PDT by the OlLine Rebel (Common sense is an uncommon virtue./Federal-run medical care is as good as state-run DMVs.)
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To: Flavious_Maximus

Neither is monogamy with unrelated opposites.


27 posted on 05/14/2019 7:33:07 AM PDT by the OlLine Rebel (Common sense is an uncommon virtue./Federal-run medical care is as good as state-run DMVs.)
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To: SMGFan

Roberts will find a fetus is a tax...nevermind. Libs would never kill a tax.


28 posted on 05/14/2019 7:40:07 AM PDT by ConservaTexan (February 6, 1911/June 14, 1946)
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To: Lurker
Wickard v Filburn needs a review.

Yes, it absolutely does.

29 posted on 05/14/2019 7:40:26 AM PDT by MileHi (Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
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To: SMGFan

> “... or when ‘facts have so changed, or come to be seen so differently, as to have robbed the old rule of significant application or justification,’” Breyer wrote”

Well Monsieur Le Breyer, there you have it, de soi-meme, the facts like chickens have come home to roost.


30 posted on 05/14/2019 7:42:35 AM PDT by Hostage (Article V)
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To: Spok

Amen!!!

No where in the Constitution does it state that “precedent” is to be used to determine constitutionality. Our founding fathers writings indicate that the Constitution is to be used to determine the constitutionality of a law.


31 posted on 05/14/2019 7:43:17 AM PDT by Glennb51
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To: SMGFan

Whether it impacts abortion or not, the media has to keep the narrative going that it most definitely does in order to scare the sheeple into voting Democrat.

If the SCOTUS overturns a law on jaywalking, it will impact Roe v. Wade.


32 posted on 05/14/2019 7:44:57 AM PDT by Pilgrim's Progress (http://www.baptistbiblebelievers.com/BYTOPICS/tabid/335/Default.aspx D)
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To: SaxxonWoods

Which is why RBG needs to be closely watched.


33 posted on 05/14/2019 7:46:20 AM PDT by Hostage (Article V)
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To: Zathras

The left “has” to challenge Georgia’s heartbeat law and that will end up in the supreme’s lap. It’s coming, the question is, how will they vote?


34 posted on 05/14/2019 7:47:04 AM PDT by mistfree (It's a very uncreative man who can't think of more than one way to spell a word.)
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To: SaxxonWoods

Ginsburg might be able to last beyond 2020, but I don’t think there is any way in the world that she can last past 2024, and the same could well be said of Breyer (the Ice cream Man, I call him.)

Any Democrat will replace them with equally bad justices (Biden’s first nominee would probably be Merrick Garland, just to “stick it” to Republicans.) Trump, even if he gives us one of the worst names on the list, would definitely make a MUCH better pick than any Democrat would.


35 posted on 05/14/2019 7:48:17 AM PDT by TBP (Progressives lack compassion and tolerance. Their self-aggrandizement is all that matters.)
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To: SMGFan

The interesting thing about Breyer’s comments is taht he stated, flat out, that a 5-4 decision might have less validity than a more one-sided decision.

I guess this means that every 5-4 liberal decision of the past 70 years should be revisited ASAP.


36 posted on 05/14/2019 7:48:41 AM PDT by Jim Noble (1)
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Yes, the comments are better than the article


37 posted on 05/14/2019 8:00:16 AM PDT by campaignPete R-CT (Committee to Re-Elect the President ( CREEP ))
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To: Flavious_Maximus

And why couldn’t someone marry a child? After all, they were “ born that way”? Opponents’ issue is not with them, but their creator? Sick. Why can’t a person marry their dog? Horse? Sex doll? Would they be eligible for spousal benefits? Lord have mercy


38 posted on 05/14/2019 8:01:18 AM PDT by Rainwave (" Work out your OWN salvation with fear and trembling")
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To: libertylover

“No. If I said a prayer for her I’m not sure the Lord would forgive me.”

Well I pray that she leaves us soon! If you’re going to pray, might as well be for something that needs doing, and that which you can’t do yourself.


39 posted on 05/14/2019 8:04:46 AM PDT by vette6387
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To: libertylover

So many old, well-connected globalists living what seems to be much longer than “common” folks...

Maybe they’re giving her the same “juice” they’re giving Kissinger, Bush (when alive, of course), Queen Elizabeth, Prince Philip, Jimmy Carter, Soros, etc), lol.


40 posted on 05/14/2019 8:12:36 AM PDT by Kalamata (Pt 3: https://www.youtube.com/watch?v=5yC2EoEGl20&list=PLrCQerz2L0If_VT4tw73RjhG5tBjdZfZy&index=3)
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