Storm ahead
Written by Carmine on March 4th, 2006I am looking forward to an open and honest debate in American jurisprudence, when this makes its way to the Supreme Court, given that the law now only awaits the Governor’s signature.
It seems States legislatures are gaining some momentum in the abortion battle, pushing ahead with legislation that is promised a Supreme Court review. The pro-life move1ment was handed two very good Supreme Court picks recently, and while we were deprived of an open debate in the Committee room (perhaps for the best) we will be able to test the fortitude of the SCs newest Justices Alito and CJ Roberts.
I am trying to remain cautiously optimistic at this early juncture. But truthfully, without another BushII appointee, these moves by state legislatures may be too early, and may simply aid in upholding a Roe precedent, though perhaps a blunted one. Either way, I am encouraged that we have states willing to take such moves - if not to send up a flare for conservatives as an opening salvo to a fight which is not nearly over.
Update: Via Drudge. And so it begins…
4
PM
this is just going to encourage Stevens to not resign if he knows they are going to take this case.
5
AM
Yeah, I’m pretty skeptical of this. A ban without rape/incest/life of the mother exceptions is a political loser, not to mention the fact that based on everything so far the best case scenario would be a 5-4 vote to overturn the law. If Scalia, Thomas, Roberts and Alito want the states to have a say in abortion law they’ll vote against granting cert and wait for another case to come along when their views have a chance of prevailing.
The time just isn’t right yet.
7
PM
I could see that but I wouldn’t want to bank on the proposition that we won’t just get handed another one of Specter’s super-duper precedents. And what if the third nominee proves to be a Souter? Or what if Roberts turned out to be less conservative than we thought? Too many unanswerable questions.