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Justice Roberts Hints He Could Overturn Roe
NewsMax ^ | 25 Jan 2010 | Theodore Kettle

Posted on 01/25/2010 11:34:34 AM PST by Titus Quinctius Cincinnatus

Chief Justice John Roberts last week made it clear that the Supreme Court over which he presides will not hesitate to sweep away its own major constitutional rulings when doing so is necessary to defend America’s bedrock governing document.

The announcement of that guiding core principle means two very big things. First, Roberts and his fellow strict constructionists on the court are now armed and ready with a powerful rationale for overturning the 1973 Roe v. Wade abortion ruling if Justice Anthony Kennedy or a future justice becomes the fifth vote against Roe.

Secondly, successfully placing Roberts atop the high court is beginning to look like former President George W. Bush’s most important legacy – a gift that will keep on giving for conservatives for decades.

In last Thursday’s 5-to-4 Citizens United v. Federal Election Commission ruling dismantling the McCain-Feingold campaign law, Roberts joined with fellow Bush appointee Justice Samuel Alito to issue a separate concurrence “to address the important principles of judicial restraint and stare decisis implicated in this case.”

While Roberts conceded that “departures from precedent are inappropriate in the absence of a ‘special justification,’” he quickly added that “At the same time, stare decisis is neither an ‘inexorable command’… nor ‘a mechanical formula of adherence to the latest decision’ … especially in constitutional cases,” noting that “If it were, segregation would be legal, minimum wage laws would be unconstitutional, and the Government could wiretap ordinary criminal suspects without first obtaining warrants.”

Instead, under the “stare decisis” judicial doctrine of respecting past rulings, “When considering whether to re-examine a prior erroneous holding, we must balance the importance of having constitutional questions decided against the importance of having them decided right.” The chief justice declared: “stare decisis is not an end in itself.”

(Excerpt) Read more at newsmax.com ...


TOPICS: Breaking News; Culture/Society; Front Page News; Government; News/Current Events
KEYWORDS: abortion; bush; bushlegacy; dubya; imissbush; johnroberts; lovedubya; moralabsolutes; presidentbush; presidentgeorgewbush; prolife; roberts; robertscourt; roe; roevswade; roevwade; scotus; supremecourt; thankyougwb; w
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To: pepsi_junkie

The next thing to be re-eavaluated is the commerce clause and bust that phoney beast apart. If it were to happen, Katie bar the doors!


41 posted on 01/25/2010 12:02:29 PM PST by mazda77 (Rubio for US Senate - West FL22nd - Dockery for Gov. - JD Hayworth - US Senate)
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To: shield

I agree.


42 posted on 01/25/2010 12:04:01 PM PST by mojitojoe (“Medicine is the keystone of the arch of socialism.” - Vladimir Lenin)
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To: Titus Quinctius Cincinnatus

John Roberts showing his true pro-life colors.

Kudos, mister CJ!


43 posted on 01/25/2010 12:04:21 PM PST by Reagan Man ("In this present crisis, government is not the solution to our problem; government is the problem.")
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To: Titus Quinctius Cincinnatus

Good Lord, has a Liberal Full-Pantload Alert been issued yet? ‘Cause there are going to be some messes when they read this. :)


44 posted on 01/25/2010 12:04:42 PM PST by TonyInOhio ( Who is Ellie Light?)
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To: TexasFreeper2009

One day... abortion will be illegal, and all the politicians who supported it will be forever stained by the blood of those they helped kill.

__________________________________________________

True. Even legal..... all the politicians who supported it will be forever stained by the blood of those they helped kill.


45 posted on 01/25/2010 12:05:57 PM PST by Responsibility2nd (Free Republic. The BEST place anywhere to PIMP YOUR BLOG)
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To: Faith

If ever there was a law that should be overturned, it is Roe v. Wade. Take a stand for life and you will find a new and improved America.


I could not agree more. Now, more than ever before, we need God’s blessing and goodwill and I’m quite sure He would be more likely to grant both if we stopped allowing mothers to murder their babies.


46 posted on 01/25/2010 12:06:38 PM PST by Josephat
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To: Titus Quinctius Cincinnatus

I am hoping - that 0bama’s criticism of the CFR decision will push the court to respond with stronger language - incorporating the second amendment.


47 posted on 01/25/2010 12:08:28 PM PST by NY.SS-Bar9 (Bread and Circuses)
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To: mazda77

Exactly right. You beat me to it. That commerce clause has to be repealed.


48 posted on 01/25/2010 12:09:05 PM PST by Concho
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To: Balding_Eagle

Thou Roberts is one of the greatest SC picks of all time, he also tried to pick one of his croneys... GWB did 3 things right, Roberts, Tax Cuts and the war on Terror. Those are not small accomplishments by any means, but he could have done a lot better overall.


49 posted on 01/25/2010 12:09:07 PM PST by Robbin (If Sarah isnÂ’t welcome, IÂ’m not welcome, itÂ’s just that simpleÂ…)
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To: TexasFreeper2009
One day... abortion will be illegal...

Not necessarily. Overturning Roe v. Wade will not make abortion illegal. It will allow each state to regulate abortion. Some states will make abortion illegal; some states will preserve the status quo.

50 posted on 01/25/2010 12:09:09 PM PST by Labyrinthos
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To: willgolfforfood
If Roe is overturned, each of the 50 states (or is it 57?) will make their own rules on abortion.

heh..
In the world that Obama is loyal to, it's 57.
In the country that he presides as president, it's still 50.

51 posted on 01/25/2010 12:11:26 PM PST by evad (OBAMA is a Clear and Present Danger to This Nation)
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To: pepsi_junkie
"The thing is, we'd get a real patchwork quilt of abortion laws. In New York, abortion would probably be legal into the 3rd trimester, in Virginia maybe it would be legal in cases of rape or incest. In Texas maybe it would be illegal everywhere."

That was the point. Then the people could vote with their feet.

52 posted on 01/25/2010 12:11:30 PM PST by Republic of Texas (Socialism Always Fails)
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To: Republic of Texas

Bush’s fault.


53 posted on 01/25/2010 12:14:09 PM PST by Blue Turtle
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To: Titus Quinctius Cincinnatus

Roe v. Wade will be eventually overturned - and what a wonderful day in America’s history it will be.

I pray that day comes as soon as possible - helpless, innocent children are being murdered in this country every day.


54 posted on 01/25/2010 12:16:53 PM PST by Lions Gate
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To: Blue Turtle

Always!


55 posted on 01/25/2010 12:18:25 PM PST by Republic of Texas (Socialism Always Fails)
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To: Labyrinthos
Not necessarily. Overturning Roe v. Wade will not make abortion illegal. It will allow each state to regulate abortion. Some states will make abortion illegal; some states will preserve the status quo.

True, but even then, I'd take abortion being legal in 15 states over it being legal in 50. Let the states that allow it bear the brunt of God's wrath, instead of it continuing to come down on us all.

56 posted on 01/25/2010 12:18:43 PM PST by Titus Quinctius Cincinnatus (We bury Democrats face down so that when they scratch, they get closer to home.)
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To: willgolfforfood
"If Roe is overturned, each of the 50 states (or is it 57?) will make their own rules on abortion."

I think it will depend on the grounds for which it is overturned. Note that Section 1 of the 14th Amendment distinguishes between its guidance for "citizens" and "persons." If the unborn can be successfully defined as "persons," the 14th Amendment will extend to them equal protection and the states won't have a choice...

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

57 posted on 01/25/2010 12:19:39 PM PST by Joe 6-pack (Que me amat, amet et canem meum)
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To: Titus Quinctius Cincinnatus
I had the pleasure of meeting CJ Roberts at a Washington Nationals game in the summer of '08 ( I was lucky enough to be invited to a suite that was next to the one he and his wife and kids were in). We spoke for about 8-10 minutes...this guy was the nicest, down-to-Earth person you could ever meet. Typical of so many of the decent people I've met from the mid-west thoughout my life.

We talked baseball, he asked about my kids and family...he was especially interested to hear about my son who's with the NYPD...I spoke a bit about politics (he didn't say anything then)...and I left him with with these words: "An awful lot of people like me are REALLY looking forward to the Heller decision." I then shook his hand and he got back to his suite (the suites share some common open-air areas).

58 posted on 01/25/2010 12:20:19 PM PST by Pharmboy (The Stone Age did not end because they ran out of stones...)
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To: Robbin

Yes he could have. He spent most of his eight years hiding from the press, not defending the war, and by inferrence, not defending our troops. Almost unforgiveable.


59 posted on 01/25/2010 12:20:20 PM PST by Balding_Eagle (Overproduction, one of the top five worries of the American Farmer)
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To: pepsi_junkie
Oh yes, I think it would. 10th amendment and all that. The thing is, we'd get a real patchwork quilt of abortion laws. In New York, abortion would probably be legal into the 3rd trimester, in Virginia maybe it would be legal in cases of rape or incest. In Texas maybe it would be illegal everywhere. So then people would go across state lines and eventually the Supremos would declare it was a matter of interstate commerce and regulate it anyway. A federally protected right to abortion is a sacred cow to liberals, they will not let it go.

You just stumbled on the BIGGER precedent: far bigger than Roe v. Wade and much more consequential.

Restore the 10th Amendment!

Repeal Wickard v. Filburn!!!


60 posted on 01/25/2010 12:24:03 PM PST by bassmaner (Hey commies: I am a white male, and I am guilty of NOTHING! Sell your 'white guilt' elsewhere.)
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