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To: BaghdadBarney
I think that to reverse Roe today

I don't think Roe will be reversed with a single blow. I think it will be eviscerated by multiple decisions that leave no inherent federal right to abortion other than situations where the mother's life is in danger, and return the rest to the states. That way SCOTUS can overturn the case while pretending to respect precedent.

3 posted on 07/21/2005 10:34:48 AM PDT by dirtboy (Drool overflowed my buffer...)
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To: dirtboy

Well, we will find out in short order when the Court addresses the partial-birth abortion case that headlines its calender next year. Most likely the law will be upheld with O'Connor gone and Robert in. But will Roberts join with Rehnquist, Thomas and Scalia with regard to criticizing Roe, Casey and "mother's health" exception? Or will he join Kennedy in writing up some separate concurring opinion which will uphold the law but do nothing to weaken Casey? You might be right but...


12 posted on 07/21/2005 10:42:19 AM PDT by BaghdadBarney
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To: dirtboy
I don't think Roe will be reversed with a single blow. I think it will be eviscerated by multiple decisions that leave no inherent federal right to abortion other than situations where the mother's life is in danger, and return the rest to the states. That way SCOTUS can overturn the case while pretending to respect precedent.

I think you are right.
You can't take away a 'right' that a substantial minority of the country approves of without civil disobedience and a possible backlash unless you sneak up on it.

SO9

20 posted on 07/21/2005 11:06:55 AM PDT by Servant of the 9 (Trust Me)
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To: dirtboy
I totally agree...we didn't get here overnight, will not get there overnight. It's only a matter of time.

I think John Roberts will be an outstanding jurist for conservative America.

21 posted on 07/21/2005 11:11:59 AM PDT by shield (The Greatest Scientific Discoveries of the Century Reveal God!!!! by Dr. H. Ross, Astrophysicist)
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To: dirtboy

Roe could be overturned instantly by simply recognizing that Roe erred in calling the fetus a 'potential life' instead of what it was: human life.

There are other ways to overturn Roe. Maybe 50 ways to do so. Incremental chipping away is not the way to go with Roe.

It is scary indeed that we aren't even sure that Roberts would overturn the worst Supreme Court decision since Plessy v Ferguson. But not as scary as the fact that - EVEN IF HE JOINED SCALIA, THOMAS AND REHNQUIST - there is a court majority left to uphold it.


45 posted on 07/21/2005 3:54:20 PM PDT by WOSG (Liberalism is wrong, it's just the Liberals don't know it yet.)
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