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 ...
See my #57. Simply returning to the pre-Roe V. Wade status quo would indeed, make abortion a state issue; however, if it were overturned on the basis of the court's re-interpretation of "person" or "personhood," the equal protection clause would severely inhibit what the states would allow.
IMHO In this day and age, SCOTUS members need Secret Service protection.
+1 (though I would throw Alito into that list as well).
“Some states will make abortion illegal; some states will preserve the status quo.”
I think you are correct. I would guess states with large Dem populations would want to continue this form of eugenics.
Just like the campaign contribution ruling, if Roe is overturned 0bama will attempt to get a constitutional amendment making abortion a right guaranteed by the constitution.
I still will critisize GWB. I still am far from happy with him.
But I have never denied him credit for his role as CIC, Roberts & Alito (though Alito comes with the caveat of Miers prior)and tax cuts.
It is Roberts, Alito and WOT that keeps me from throwing him completely off the tracks. Same time I don’t really want to hear from him these days.
good to hear
I would say this man would make a great President, but he is already in a much needed position.
Thank God for GW Bush!!! He gave us Roberts and Alito.
Details don't mean much to you, do they?
People should not put turtles on top of fence posts! Not under any circumstance!
I would also anticipate a rush to introduce a Constitutional amendment by the pro-death pols -- whether it would receive the two-thirds in each chamber and three-quarters of the states, I couldn't say, but I would guess that as the next move on the chessboard.
> 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.
Yeah - good thing he didn’t get to give the job to his secretary or laundry lady or whatever Hariet M was.
too bad we have gotten to th point where we must cheerlead the slightest statement of Constitutional support, rather than demanding adherance to it...
That's only two diamonds in the dung heap. His tax cuts were dominated by ineffective demand side rebates.
The next time somebody tells you there’s no difference between GWB and Hussein, remember the good, young men in black he left behind on the court.
Thank you, W.
Statutory racial segregation is unjust. (As are affirmative action or any other policy which establishes classes treated differently on the basis of race, color, or national origin.) The principle here: Equal justice under law.
"...and the Government could wiretap ordinary criminal suspects without first obtaining warrants.” -[Patriot Act]"
To the best of my knowlledge, the Patriot Act isn't about wiretapping "ordinary" criminal suspects, is it?
Over turning Roe would not make abortion illegal. It would become a State issue. That is exactly where it should be.
Harriet Myers.
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