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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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The chief justice declared: “stare decisis is not an end in itself.”

Hear hear!

1 posted on 01/25/2010 11:34:34 AM PST by Titus Quinctius Cincinnatus
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To: Titus Quinctius Cincinnatus
stare decisis is neither an ‘inexorable command’… nor ‘a mechanical formula of adherence to the latest decision’ … especially in constitutional cases

What an awesome Supreme Court Justice.

2 posted on 01/25/2010 11:36:45 AM PST by Dr. North
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To: Titus Quinctius Cincinnatus

Life and Liberty bump!!


3 posted on 01/25/2010 11:37:01 AM PST by Jim Robinson (Join the TEA Party Rebellion!! May God and TEA save the Republic!!)
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To: Titus Quinctius Cincinnatus

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.


4 posted on 01/25/2010 11:37:33 AM PST by TexasFreeper2009 (Obama lied, the economy died)
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To: Titus Quinctius Cincinnatus
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.

WHAT!

There wasn't a dimes worth of difference between GWB and Clinton. How can this be?

5 posted on 01/25/2010 11:37:45 AM PST by Balding_Eagle (Overproduction, one of the top five worries of the American Farmer)
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To: Titus Quinctius Cincinnatus

MAY ALL PRAYER CIRCLES GET ON THEIR KNEES FOR JUSTICE ROBERTS.


6 posted on 01/25/2010 11:39:01 AM PST by Paperdoll ( PLEASE FORGIVE THE CAPS. I HAVE M.D.)
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To: Titus Quinctius Cincinnatus

And I thught someone was cooking popcorn! Sounds of liberal heads exploding!


7 posted on 01/25/2010 11:39:31 AM PST by mazda77 (Rubio for US Senate - West FL22nd - Dockery for Gov. - JD Hayworth - US Senate)
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To: Titus Quinctius Cincinnatus

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.


8 posted on 01/25/2010 11:39:54 AM PST by Faith (Natural born citizen and willing to prove it.)
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To: Balding_Eagle

Appointing Chief Justice Roberts


9 posted on 01/25/2010 11:40:42 AM PST by mazda77 (Rubio for US Senate - West FL22nd - Dockery for Gov. - JD Hayworth - US Senate)
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To: Titus Quinctius Cincinnatus
“If it were, segregation would be legal,

[special rights for gays, women, non-whites, aliens, students, etc.]

minimum wage laws would be unconstitutional,

[uh, they are]

and the Government could wiretap ordinary criminal suspects without first obtaining warrants.”

[Patriot Act]

10 posted on 01/25/2010 11:40:53 AM PST by Talisker (When you find a turtle on top of a fence post, you can be damn sure it didn't get there on it's own.)
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To: Titus Quinctius Cincinnatus

Hallelujah!


11 posted on 01/25/2010 11:41:27 AM PST by Enosh (†)
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To: Titus Quinctius Cincinnatus

HA HA HA HA HA!!!! HAHAHAHAHAHA!!!!! CHUCKLECHUCKLECHUCKLECHUCKLECHUCKLE. Roberts snookered ‘em. Hey, it’s a lot more fun when a justice turns out to be a conservative instead of a moderate, than it is when they turn out to be a libber.


12 posted on 01/25/2010 11:44:00 AM PST by ichabod1 ( I am rolling over in my grave and I am not even dead yet.)
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To: Titus Quinctius Cincinnatus

If Roe is overturned, each of the 50 states (or is it 57?) will make their own rules on abortion.


13 posted on 01/25/2010 11:44:07 AM PST by willgolfforfood
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To: Dr. North

Magnificant is the word that comes to mind. Historic.


14 posted on 01/25/2010 11:44:27 AM PST by ichabod1 ( I am rolling over in my grave and I am not even dead yet.)
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To: Titus Quinctius Cincinnatus
The next SCOTUS kind of fell of the radar for me, but it's the most important decision the POTUS makes.

If Stevens and Ginz can hold on for another three years, we could swap them out for a Janice Rogers Brown/Miguel Estrada/Pryor/Owens.

Lord, I pray that is Your Plan.

15 posted on 01/25/2010 11:44:29 AM PST by South Hawthorne (In Memory of my Dear Friend Henry Lee II)
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To: mazda77

It was sarcasm. I’m just shooting back at all those Freepers who kept decrying GWB.


16 posted on 01/25/2010 11:44:41 AM PST by Balding_Eagle (Overproduction, one of the top five worries of the American Farmer)
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To: Titus Quinctius Cincinnatus

Just WOW!!!!


17 posted on 01/25/2010 11:44:44 AM PST by Boardwalk
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To: willgolfforfood

Which would be better than the current state of things.


18 posted on 01/25/2010 11:45:11 AM PST by Dr. North
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To: Paperdoll

“MAY ALL PRAYER CIRCLES GET ON THEIR KNEES FOR JUSTICE ROBERTS.”


And may I add that Justice Roberts should make sure that he has sufficient protection against any crazy, insane, SOCIALIST/MARXIST/DEMOCRATICS attempt to hurt his person, in any way imaginable, in order to remove him. These are evil, desperate traitors in the White House who will attempt to trample anyone in their path.


19 posted on 01/25/2010 11:45:47 AM PST by itssme
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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.

It will be viewed as a mark on our history darker than that of slavery.

Possibly worse than the Holocaust.

20 posted on 01/25/2010 11:45:48 AM PST by South Hawthorne (In Memory of my Dear Friend Henry Lee II)
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