Thursday, April 3, 2008

Chief Judge Justice Roberts and Roe V Wade

Will he vote to overturn or not. I suspect his view will be a long term process. A little here and little there. He will not vote to overturn Roe if he thinks a reversal of that vote is just one conservative death or retirement away. He is looking at the long term and establishing a line of reasoning that not very easily can be overturned by changes in political power. We see this all the time. Even though the Court has been more "conservative" than not over the years its actions have steady and measured. I suggest that conservative pro-lifers make sure we have the right President in there the next 4 to 8 years. I hate to dance on each ones graves but goodness Justice Stevens(a huge pro-choice vote) is like 88!!!

That being said there has been interesting discussion of it lately among some political commentator folks. Creative Minority Report picks it up here at Would He or Wouldn't He? Besides Roberts own apparent deep religious Catholic faith, Douthat also brings up the sign many of us thinks is the most hopeful. That is Chief Justice Roberts is "the husband of a similarly-devout Roman Catholic, who serves as legal counsel for Feminists for Life (!); and 4) the father of two adopted children"

2 comments:

Matt Sciba said...

I'm reading Men in Black by Mark Levin about the Supreme Court and justices of the past and present. The complete lack of reason and Constitutionality involved in the Supreme Court decisions is staggering.

I've often wondered what would happen if the individual States decided to outlaw abortion and enforce the law. Would the Supreme Court send troops? Do they have the power to send troops? Wouldn't it be up to the President to enforce the law? Would we have a civil war? Or would the States succeed in eliminating it. After all, the states grant medical licenses do they not?

James H said...

IN the end we are talking Federal Marshals.

I am pretty convinced as a political reality that this has to go back to the states. The Scenario you map out could very well happen for instance if for some reason ABortion was outlawed by Federal Fiat.

I think going back to the Pre Roe understanding would allow the debate to happen at the state level where there is work to do winning hearts and minds.

I have to think that a lot of Liberal Dems think this way too. THey recognize that they are hurt by the current situation. In the end I do wonder if Pro Choice Liberals in California had lets say abortion legal there would they then really care at this state if say it was illegal in Mississippi.

There have been political cost on all sides and I do wonder if returning to the PRe ROe standing would have the massive poslitical affects that people think it might