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Sunday, May 15, 2005
Does no one Understand Roe?
By Dr. Steven Taylor @ 1:04 pm

Listening to many commentators, from both the Left and the Right, I being to wonder what if anyone understands what it would mean for Roe v. Wade to be overturned. It would not, I repeat not result in the banning of abortion. Even if Bush could fill all nine seats on the Supreme Court with anti-Roe justices, this would not mean that abortion would become illegal in the United States. Why is it that so few folks seem to understand this? (I won’t say everyone-David Brooks on the noted this fact).

The Left fights this judicial battle as if abortion right hang by a thin thread, and those of the Right seem to think that if they just get a certain number of nominees through the process that abortion might actually be banned,

A note to both sides: as odious as I think that abortion is: it ain’t going anywhere any time soon. Even if Roe is overturned, I can only see a handful of state where abortion would become illegal. My top candidate is Mississippi. I am not convinced that even in Alabama that it would be totally banned.

So please, let’s put all of this in perspective. If we would do so, then perhaps we could all have a more rational debate about judicial nominees.

Filed under: Abortion, Courts/the Judiciary | |Send TrackBack


  1. What makes you think that the current crew in the House, Senate and White House won’t try to ban it? Sure it might get struck down under the new federalism, but I wouldn’t hang my hat on that.

    Comment by Ugh — Sunday, May 15, 2005 @ 1:39 pm

  2. The states would have the final say if Roe v. Wade is overturned.

    Comment by BronxPundit — Sunday, May 15, 2005 @ 2:01 pm

  3. Ugh: it would revert to state legislatures, which is where it was prior to Roe.

    Comment by Steven Taylor — Sunday, May 15, 2005 @ 2:36 pm

  4. I do believe most of the “elite” who are opining on this topic understands exactly what will happen, but votes need to be sought, money must be raised, so emotions must be exploited.

    Comment by Mark — Sunday, May 15, 2005 @ 2:57 pm

  5. I am fascinated by the discourse on judicial appointments, which, like this one, concern themslves solely with *outcomes*, and only with regard to abortion, while ignoring legal reasoning. When Roe was decided, I was an ardent advocate for choice. I was pleased with the *outcome*, but profoundly uncomfortable with the rationale. I remain, though less ardently, pro-choice. Still, I would like to see Roe overturned, or better rationalized, because the kind of reasoning it and its progeny represent-beyond the abortion debate-has borne such awful fruit. So yes, it’s all about judicial philosophy, for me. I don’t think I’m alone.

    Comment by alene — Sunday, May 15, 2005 @ 4:57 pm

  6. What makes you think that the current crew in the House, Senate and White House won’t try to ban it?

    Hmmm. How about existence in the real world instead of an imaginary world filled with fundamentalist bogeymen?

    Comment by bryan — Monday, May 16, 2005 @ 9:22 am

  7. What if the majority reasoned in overturning Roe that Roe was unConstitutional because the fetus was a human with a right to life and therefore necistated inclusion under murder laws. Wouldn’t that that effectively make abortion illegal in all states?

    Comment by Joe Mucia — Monday, May 16, 2005 @ 8:26 pm

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