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View Diary: The SCOTUS Is Extraordinary: The Right To Choose (191 comments)

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  •  Yes, this is important... (4.00)
    But Armando, Justice White (who was one of the 4 justices voting against Roe in Casey) was replaced by Ginsburg.  So the real balance right now (pre-O'Connor replacement) is 6-3, not 5-4.  Her replacement could make it at worst 5-4 in favor of Roe.

    Not saying I like that, but the death of Roe is not imminent here.

    •  You are... (none)
      correct.  The court's split 4-2-3 on Roe right now, with the liberals (Souter, Breyer, Kennedy, Ginsberg) saying Roe is correctly decided and should be retained, the conservatives (Rehnquist, Thomas, Scalia) saying Roe is wrongly decided and should be overturned, and the middle (O'Connor, Kennedy) saying that while Roe may not have been correct, it is settled law, not worthy of reversal.  Hence, replacing O'Connor with a conservative changes it to 4-1-4, in favor of retaining Roe, not 5-4 to reverse it, and, if anything, Kennedy has gotten more liberal while on the bench.  Admittedly, Stenberg likely gets reversed.
    •  True (none)
      But the shift makes a difference on closer cases where restrictions on choice are at issue.  A precedential trend towards restricting choice would not bode well for Roe v. Wade.

      It's the RULE OF LAW, stupid!

      by Rick Oliver on Fri Jul 01, 2005 at 10:27:20 AM PDT

      [ Parent ]

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