{"id":1719,"date":"2005-07-21T10:19:21","date_gmt":"2005-07-21T17:19:21","guid":{"rendered":"http:\/\/www.amptoons.com\/blog\/archives\/2005\/07\/21\/roe-will-not-be-inevitably-overturned\/"},"modified":"2005-07-21T10:19:21","modified_gmt":"2005-07-21T17:19:21","slug":"roe-will-not-be-inevitably-overturned","status":"publish","type":"post","link":"https:\/\/amptoons.com\/blog\/?p=1719","title":{"rendered":"Roe will not be inevitably overturned"},"content":{"rendered":"

I’m seeing a lot of comments such as this one on Media Girl:<\/a><\/p>\n

But now, our last line of defense for Roe v. Wade<\/em> before it’s inevitably overturned (Roberts has actually argued that Roe <\/em>was “wrongly decided and should be overruled”) is the Senate.<\/p><\/blockquote>\n

Even if Roberts is confirmed (and let’s face it – he will be), that doesn’t make it inevitable that Roe <\/em>and Casey <\/em>will be overturned. Although it’s impossible to know for sure, with Roberts replacing O’Connor, there are probably four votes for overturning Roe<\/em>: Roberts, Rehnquist, Thomas, and Scalia. That still leaves a five-vote majority against overturning Roe<\/em>: Ginsberg, Kennedy, Breyer, Souter, and Stevens. Bush will have to replace one of those five with an anti-Roe <\/em>vote before Roe <\/i>can be overturned, and it’s not certain he’ll get a chance to do that.<\/p>\n

I’m not saying that it’s a bad idea to plan for how to respond if Roe <\/em>is overturned, but let’s not call it “inevitable” just yet.<\/p>\n

However, even if Roe <\/em>isn’t overturned, abortion rights can still be chipped away at. With Roberts on the court, the previously unconstitutional “Partial Birth” Abortion ban will probably become constitutional. But even after that happens, there will be further lawsuits to determine how the PBA ban is interpreted – pro-lifers will want to interpret it broadly to ban a lot of abortions. But even with a majority of the Court favoring a PBA ban, it’s not certain that a majority of the Court would accept a broad interpretation of the PBA ban. (In particular, I think it’s possible that Justice Kennedy, who would be the new swing vote, would balk at that.)<\/p>\n","protected":false},"excerpt":{"rendered":"

I’m seeing a lot of comments such as this one on Media Girl: But now, our last line of defense for Roe v. Wade before it’s inevitably overturned (Roberts has actually argued that Roe was “wrongly decided and should be … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[109,3,111],"tags":[],"class_list":["post-1719","post","type-post","status-publish","format-standard","hentry","category-partial-birth-abortion","category-abortion-reproductive-rights","category-supreme-court-issues"],"_links":{"self":[{"href":"https:\/\/amptoons.com\/blog\/index.php?rest_route=\/wp\/v2\/posts\/1719","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/amptoons.com\/blog\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/amptoons.com\/blog\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/amptoons.com\/blog\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/amptoons.com\/blog\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1719"}],"version-history":[{"count":0,"href":"https:\/\/amptoons.com\/blog\/index.php?rest_route=\/wp\/v2\/posts\/1719\/revisions"}],"wp:attachment":[{"href":"https:\/\/amptoons.com\/blog\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1719"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/amptoons.com\/blog\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1719"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/amptoons.com\/blog\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1719"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}