Posted on 01/25/2010 11:34:34 AM PST by Titus Quinctius Cincinnatus
Chief Justice John Roberts last week made it clear that the Supreme Court over which he presides will not hesitate to sweep away its own major constitutional rulings when doing so is necessary to defend America’s bedrock governing document.
The announcement of that guiding core principle means two very big things. First, Roberts and his fellow strict constructionists on the court are now armed and ready with a powerful rationale for overturning the 1973 Roe v. Wade abortion ruling if Justice Anthony Kennedy or a future justice becomes the fifth vote against Roe.
Secondly, successfully placing Roberts atop the high court is beginning to look like former President George W. Bush’s most important legacy – a gift that will keep on giving for conservatives for decades.
In last Thursday’s 5-to-4 Citizens United v. Federal Election Commission ruling dismantling the McCain-Feingold campaign law, Roberts joined with fellow Bush appointee Justice Samuel Alito to issue a separate concurrence “to address the important principles of judicial restraint and stare decisis implicated in this case.”
While Roberts conceded that “departures from precedent are inappropriate in the absence of a ‘special justification,’” he quickly added that “At the same time, stare decisis is neither an ‘inexorable command’… nor ‘a mechanical formula of adherence to the latest decision’ … especially in constitutional cases,” noting that “If it were, segregation would be legal, minimum wage laws would be unconstitutional, and the Government could wiretap ordinary criminal suspects without first obtaining warrants.”
Instead, under the “stare decisis” judicial doctrine of respecting past rulings, “When considering whether to re-examine a prior erroneous holding, we must balance the importance of having constitutional questions decided against the importance of having them decided right.” The chief justice declared: “stare decisis is not an end in itself.”
(Excerpt) Read more at newsmax.com ...
Hear hear!
What an awesome Supreme Court Justice.
Life and Liberty bump!!
One day... abortion will be illegal, and all the politicians who supported it will be forever stained by the blood of those they helped kill.
WHAT!
There wasn't a dimes worth of difference between GWB and Clinton. How can this be?
MAY ALL PRAYER CIRCLES GET ON THEIR KNEES FOR JUSTICE ROBERTS.
And I thught someone was cooking popcorn! Sounds of liberal heads exploding!
If ever there was a law that should be overturned, it is Roe v. Wade. Take a stand for life and you will find a new and improved America.
Appointing Chief Justice Roberts
[special rights for gays, women, non-whites, aliens, students, etc.]
minimum wage laws would be unconstitutional,
[uh, they are]
and the Government could wiretap ordinary criminal suspects without first obtaining warrants.”
[Patriot Act]
Hallelujah!
HA HA HA HA HA!!!! HAHAHAHAHAHA!!!!! CHUCKLECHUCKLECHUCKLECHUCKLECHUCKLE. Roberts snookered ‘em. Hey, it’s a lot more fun when a justice turns out to be a conservative instead of a moderate, than it is when they turn out to be a libber.
If Roe is overturned, each of the 50 states (or is it 57?) will make their own rules on abortion.
Magnificant is the word that comes to mind. Historic.
If Stevens and Ginz can hold on for another three years, we could swap them out for a Janice Rogers Brown/Miguel Estrada/Pryor/Owens.
Lord, I pray that is Your Plan.
It was sarcasm. I’m just shooting back at all those Freepers who kept decrying GWB.
Just WOW!!!!
Which would be better than the current state of things.
“MAY ALL PRAYER CIRCLES GET ON THEIR KNEES FOR JUSTICE ROBERTS.”
And may I add that Justice Roberts should make sure that he has sufficient protection against any crazy, insane, SOCIALIST/MARXIST/DEMOCRATICS attempt to hurt his person, in any way imaginable, in order to remove him. These are evil, desperate traitors in the White House who will attempt to trample anyone in their path.
It will be viewed as a mark on our history darker than that of slavery.
Possibly worse than the Holocaust.
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