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To: Dr. Sivana

RE: Sotomayor is willing to overturn precedent if she views it as incompatible with original intent. Let us remember that.

Isn’t Roe v. Wade a Precedent as well?

So, by this particular ruling, it can also be overturned.


17 posted on 05/21/2019 7:34:39 AM PDT by SeekAndFind (look at Michigan, it will)
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To: SeekAndFind
Isn’t Roe v. Wade a Precedent as well?

Yes, a longstanding one, at least according to its defenders. Since 1973. That's 46 years.

Yet, Justice Blackmun, who wrote Roe, admitted that there was no real basis for it in the Constitution, saying he found it in the "penumbras and emanations" of the constitution, specifically the Fourth Amendment. Even Ginsburg, who supports the result of Roe, has said that it was incorrectly decided.

Now, Roe has stood for 46 years, as I noted above. So, according to liberals, it's an unassailable "superprecedent" that cannot be overturned. Yet, Plessy v. Ferguson (the "separate but equal" decision), decided in 1896, had stood for 58 years until it was overturned in 1954 by Brown v. Board of Education. I wonder of they would have any trouble with having overtunred Plessy. Why was it not a "supreprecedent"?

69 posted on 05/21/2019 10:13:42 AM PDT by TBP (Progressives lack compassion and tolerance. Their self-aggrandizement is all that matters.)
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