Comments on: Overruling Roe with an Incrementalist Approach

By: Neognostikos

Neognostikos — Tue, 08 Nov 2005 03:47:11 +0000

Cringe

First, if you think that Roe is a “stain” upon the Constitution, then you have to be lying when you say that it’s the integrity of the Constitution that is your primary concern, and not the issue of abortion itself. This is further evidenced by the …

By: Toby Petzold

Toby Petzold — Tue, 08 Nov 2005 02:01:43 +0000

I don’t go in for the conventional fiction that Supreme Court justices are above ruling for partisan or individual reasons. Each of them was put there on the bench for partisan reasons; why should anyone doubt that they’re subject to the same political considerations that any other high-profile member of the Government is?

So, I would warn this largely conservative Supreme Court that they will break the power of the Republican Party for the next decade and more should they start to question the right to privacy as un-Constitutional. It will drive moderates away in droves; it will cement the GOP’s reputation as bullying rights-strippers (cf. gay marriage); it will detract from their other, vastly more important obligations.

Our country would be better served by conservative Christianity if that segment of society were more engaged in distinguishing our own ideological genius from, say, the regressive principles of Muslim culture than they are in resisting the benefits of secularism —something that our men and women overseas are dying for.

By: Justin Levine

Justin Levine — Mon, 07 Nov 2005 03:06:30 +0000

Your scenario assumes both that Republicans will be able to hold enough political power AND be willing to only nominate textualists for the next generation. That won’t happen. Democrats will hold power eventually and/or we will continue to have Souter-style “stealth candidates”. Therefore, it just as (if not more) likely that any incremental steps forward will simply be reversed down the road in order to uphold Roe/Casey. You even have some conservatives signing on to the notion of “super-precident”. Nice analysis, but I’m just not hopeful over the long run.

By: Flap

Flap — Sun, 06 Nov 2005 23:44:20 +0000

Don’t know if the DEAD aborted babies would agree with the incrementalist approach.

Flap

By: Henriet Cousin

Henriet Cousin — Sun, 06 Nov 2005 23:43:28 +0000

Doc

Exactly right, as it should be.

By: Doc Rampage

Doc Rampage — Sun, 06 Nov 2005 22:38:00 +0000

But how much would it really matter to the average citizen if Roe v. Wade were overturned tomorrow? Wouldn’t abortion still be widely enough available that it wouldn’t put any great hardship on most women who want abortions?

If so, then rather than being frightened at the Court decision, I expect most people would be saying, “What’s the big deal?”

By: Dwilkers

Dwilkers — Sun, 06 Nov 2005 21:46:44 +0000

Yes, its premature. You still have a 5-4 pro-Roe majority even assuming Roberts and Alito were anti-Roe votes. And as Patterico points out that’s a fairly large assumption.

Frankly I don’t think we’ll see it. I’d just like to see the courts stop ramming the rest of the left’s agenda down our throats by judicial fiat. Enough already - let people argue out policy matters in the political arena.

By: JeremyR

JeremyR — Sun, 06 Nov 2005 21:37:59 +0000

This is really premature, though. Given that even if Altio gets nominated, and he and Roberts vote against Roe, it would still be 5-4 in favor?

By: DRJ

DRJ — Sun, 06 Nov 2005 21:23:48 +0000

Roe v. Wade was built brick-by-brick and should be dismantled the same way, because we need to keep the “bricks” that matter. I’m not a Constitutional scholar, but I think the Court should affirm elements of the right to privacy even though some argue this is the cornerstone of Roe.

Enough homebuilding metaphors.

By: Common Sense Political Thought

Common Sense Political Thought — Sun, 06 Nov 2005 20:44:27 +0000

Crosspost from Patterico

I’d love to see Roe v Wade and the even worse Casey v Planned Parenthood overturned, but if they were, even with a 9-0 decision, the results would hardly be good.

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