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View Diary: Obama change the direction of the Supreme Court? Unlikely. (128 comments)

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  •  On Roe v. Wade (1+ / 0-)
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     Remember that the Democrats have pretty good control of congress so they could pass something like a "Freedom of Choice Act" which could overiride any state laws even if the Supreme Court over-turns Roe Versus Wade.
      Furthermore remember that just 5 years ago the Supreme Court over-ruled Bowers verus Hardwick with it's 2003 Lawerence versus Texas decision .

    •  It was a 6-3 decision in Lawerence v. Texas... (2+ / 0-)
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      jj32, Wufacta

      with O'Connor concurring with Kennedy, Breyer, Souter, Stephens, and Ginsburg. Further remember that one of the justices that voted in the majority in Bowers versus Hardwick was Leland Powell who also was in the majority in Roe v. Wade . So it's hard to make fast, clear conclusions on just how a justice will vote.

    •  Ha ha! (0+ / 0-)

      Fat chance that a right wing Court would have upheld something like a Freedom of Choice Act under Article I.

      •  and why not? (0+ / 0-)

         Nothing in Article 1 prohibits Congress from doing it. Congress has passed laws invalidating existing state regulations many of time. Congress could just use section 5 of the 14th. Amendment to exercise it's legislative authority to protect a woman's rights under the Equal Protection clause of said amendment. Congresss regularly uses that amendment and it's subsection 5 to protect rights of people from state interference furthermore the commerce clause may even be used for same said purpose.
         A good example is Katzenbach versus Morgan which involved a law allowing Puerto Ricans in New York to vote despite not being able to pass a state literacy test.

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