If former Gov. Mitt Romney wins this year's presidential election, there is a realistic chance that Roe v. Wade — the Supreme Court decision that protected a woman's right to have an abortion — could be overturned under his administration, experts say.
With the justices sitting on the court now, it's very unlikely an abortion case would garner the five votes needed to reverse the ruling, said Harvard Law School assistant professor I. Glenn Cohen, co-director of the school's Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics. But Associate Justice Ruth Bader Ginsburg, a left-leaning judge who is 79, could retire during the next administration, allowing the president to nominate a more conservative-minded judge. Another justice could retire as well.
If that happens, it's "possible to likely" that the court would have enough votes to overturn the 1973 ruling, Cohen said.
8 comments:
No!
I doubt it. He may suggest some modifications along the way, but I don't think that's on his agenda like Obama's 2 year microfocus on ruining healthcare was.
Comment FTA:
Shawn B
"This article was written about Reagan, Bush, Dole, Bush, McCain, and now Romney. I'm all for recycling but this is getting too predictable."
I don't think that will happen. Seems like a scare tactic to get the women voters back to supporting Obama.
They asked Obama what he thought of the Roe v Wade. Obama said he thought that's the two best choices to get across the Potomac River. And Polosi said lets pass it so we can see what's in it.
For any law professor to suggest this without a HUGE discussion of the concept of "stare decisis" is irresponsible and nothing but scare mongering.
Even if 5 justices disagreed with Roe v. Wade, they would not likely overturn a prior decision of the Court based upon the concept of stare decisis which is Latin for "let the decision stand".
This is just an effort to scare voters to support Obama.
Likely the Supreme Court will assuming Romney is elected and has at least two appointments to the court.
And if a cow had wings he might be able to fly...but would he? Political smoke and mirrors.
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