Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first 1-5051-100101-150151-172 next last
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
[ Post Reply | Private Reply | View Replies]

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
[ Post Reply | Private Reply | To 1 | View Replies]

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!!)
[ Post Reply | Private Reply | To 1 | View Replies]

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)
[ Post Reply | Private Reply | To 1 | View Replies]

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)
[ Post Reply | Private Reply | To 1 | View Replies]

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.)
[ Post Reply | Private Reply | To 1 | View Replies]

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)
[ Post Reply | Private Reply | To 1 | View Replies]

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.)
[ Post Reply | Private Reply | To 1 | View Replies]

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)
[ Post Reply | Private Reply | To 5 | View Replies]

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.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Titus Quinctius Cincinnatus

Hallelujah!


11 posted on 01/25/2010 11:41:27 AM PST by Enosh (†)
[ Post Reply | Private Reply | To 1 | View Replies]

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.)
[ Post Reply | Private Reply | To 1 | View Replies]

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
[ Post Reply | Private Reply | To 1 | View Replies]

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.)
[ Post Reply | Private Reply | To 2 | View Replies]

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)
[ Post Reply | Private Reply | To 1 | View Replies]

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)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Titus Quinctius Cincinnatus

Just WOW!!!!


17 posted on 01/25/2010 11:44:44 AM PST by Boardwalk
[ Post Reply | Private Reply | To 1 | View Replies]

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
[ Post Reply | Private Reply | To 13 | View Replies]

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
[ Post Reply | Private Reply | To 6 | View Replies]

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)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Titus Quinctius Cincinnatus

This will drive libs apoplectic.


21 posted on 01/25/2010 11:46:19 AM PST by umgud (I couldn't understand why the ball kept getting bigger......... then it hit me.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Owl_Eagle

I think Stevens is going down this summer. Man’s 89 years old. Unless he wants to die at the bench, and many of them do, he’s got to retire sometime.


22 posted on 01/25/2010 11:46:24 AM PST by ichabod1 ( I am rolling over in my grave and I am not even dead yet.)
[ Post Reply | Private Reply | To 15 | View Replies]

To: Titus Quinctius Cincinnatus

It does suggest that although Bush wasn’t perfect, he wasn’t the dunce he is made out to be either.


23 posted on 01/25/2010 11:46:26 AM PST by Republic of Texas (Socialism Always Fails)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Owl_Eagle

It IS worse than the holocaust. The only atrocities it compares to is Stalin’s reign of terror and Mao’s cultural revolution.


24 posted on 01/25/2010 11:48:02 AM PST by ichabod1 ( I am rolling over in my grave and I am not even dead yet.)
[ Post Reply | Private Reply | To 20 | View Replies]

To: Titus Quinctius Cincinnatus

I could possibly see Scalia, Thomas, Roberts, and Alito voting to restore regulation of abortion to the states (i.e. refuting it as anything the federal government is empowered to regulate). That would not eliminate abortion, you can bet Massachusetts, New York, New Jersey, California, etc would put an abortion law on the books within a month even if Louisiana, Alabama, Georgia, etc might potentially ban it. But it would make it something you could debate within your community again, so that would be something.

The thing is, who is the 5th vote? Forget about Ginsburg, Sotomayor, Stevens, and Breyer. Kennedy might be the only possibility, though he seems to have come down on the side of placing precedent on a pedestal higher than the constitution itself on this issue.


25 posted on 01/25/2010 11:48:08 AM PST by pepsi_junkie (Who is John Galt?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: willgolfforfood

Which is the way the Constitution reads. Anything else, is illegal.


26 posted on 01/25/2010 11:48:14 AM PST by Republic of Texas (Socialism Always Fails)
[ Post Reply | Private Reply | To 13 | View Replies]

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.

Agreed. But still pray for changed hearts before changed laws...

Everytime I hear libs or those ignorant of our true history refer to our Founders strictly as 'slavemasters', I raise this point on abortion and usually the conversation goes silent.

27 posted on 01/25/2010 11:49:10 AM PST by NewLand (We shall all hang together or most assuredly we will all hang separately)
[ Post Reply | Private Reply | To 4 | View Replies]

To: ichabod1
I think Stevens is going down this summer. Man’s 89 years old. Unless he wants to die at the bench, and many of them do, he’s got to retire sometime.

It would make all the sense in the world, wouldn't it? But I remember listening to a court watcher say that he has a big ego and badly wants to be the oldest SCJ in history (maybe it was longest serving, I don't remember). This watcher really thinks he's going to hang on another three years.

He also thought Ginz would too, personally, I don't know about her health.

28 posted on 01/25/2010 11:49:44 AM PST by South Hawthorne (In Memory of my Dear Friend Henry Lee II)
[ Post Reply | Private Reply | To 22 | View Replies]

To: Titus Quinctius Cincinnatus
Great....especially if they could correct the "person" interpretation that includes criminal aliens who deposit babies in this country in order to have their offspring declared "U.S. citizens" by judicial fiat. Foreigner's babies born in this country are NOT entitled automatically to citizenship....and doing so to allow them to sponsor then the illegally in-town parents and relatives is ludicrous on its face.

Roe v. Wade, minority set-assides, and ALL States' Rights rulings that have eroded the Constitutions' intent and meaning ALL need to be re-visited, and found Un-Constitutional, and correctly put us back on course, if it's not too late already.

29 posted on 01/25/2010 11:49:49 AM PST by traditional1 ("Don't gotsta worry 'bout no mo'gage, don't gotsta worry 'bout no gas; Obama gonna take care o' me!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: willgolfforfood

If SCOTUS rules that life begins at conception, thre’s not a whole lot that the states can do.


30 posted on 01/25/2010 11:49:57 AM PST by BlessedBeGod (New Wizard of Oz: Pelosi as the Wicked Witch of the West & Michelle as the Wicked Witch of the East.)
[ Post Reply | Private Reply | To 13 | View Replies]

To: Titus Quinctius Cincinnatus

“a gift that will keep on giving for conservatives for decades”

As long as someone doesn’t crank up the power on their seizure machine..


31 posted on 01/25/2010 11:50:11 AM PST by chuck_the_tv_out ( <<< click my name: now featuring Freeper classifieds)
[ Post Reply | Private Reply | To 1 | View Replies]

To: TexasFreeper2009

I doublt that it will be illegal by Federal law since the current fight is over whether the Federal government can make law allowing or disallowing abortion. Doing away with Rowe will send the decisions back to the states where it belongs under the constitution which does not address it in any way, shape or form.


32 posted on 01/25/2010 11:50:41 AM PST by RJS1950 (The democrats are the "enemies foreign and domestic" cited in the federal oath)
[ Post Reply | Private Reply | To 4 | View Replies]

To: pepsi_junkie

If a State wanted to make abortion legal, it would at least be somewhat Constitutional. Then the voters of that State could deal with the sanctity of life and their own politicians.


33 posted on 01/25/2010 11:50:43 AM PST by Republic of Texas (Socialism Always Fails)
[ Post Reply | Private Reply | To 25 | View Replies]

To: willgolfforfood

Yes. As it should have been from the get go.


34 posted on 01/25/2010 11:50:43 AM PST by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
[ Post Reply | Private Reply | To 13 | View Replies]

To: Titus Quinctius Cincinnatus

How do you like Roberts now, Ann Coulter?


35 posted on 01/25/2010 11:53:14 AM PST by Plutarch
[ Post Reply | Private Reply | To 1 | View Replies]

To: willgolfforfood
Good point, which is lost on the libtard masses.

They all believed Ted Kennedy when he said that overturning Roe v. Wade would lead to women being subjected to back-alley abortions.

36 posted on 01/25/2010 11:55:40 AM PST by mellow velo (Elect an adult; vote Conservative.)
[ Post Reply | Private Reply | To 13 | View Replies]

To: willgolfforfood
If Roe is overturned, each of the 50 states (or is it 57?) will make their own rules on abortion. Exactly and where it should be. It never belonged at the Federal level but should have stayed at the State level and allow each state to determine if it will be legal or illegal in their state.
37 posted on 01/25/2010 11:56:23 AM PST by PhiKapMom (Mary Fallin - OK Gov/Rick Perry - TX Gov/Coburn/Rubio - Senate 2010 !)
[ Post Reply | Private Reply | To 13 | View Replies]

To: Republic of Texas
If a State wanted to make abortion legal, it would at least be somewhat Constitutional.

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.

38 posted on 01/25/2010 11:56:57 AM PST by pepsi_junkie (Who is John Galt?)
[ Post Reply | Private Reply | To 33 | View Replies]

To: willgolfforfood

That’s where it belongs...states...


39 posted on 01/25/2010 11:58:36 AM PST by shield (A wise man's heart is at his RIGHT hand;but a fool's heart at his LEFT. Ecc 10:2)
[ Post Reply | Private Reply | To 13 | View Replies]

To: Balding_Eagle

10-4. I used to get grief as well but went ot the HTML help pages and learned about the /sarc switch although it is not a real command. Just put that at the end of your sarcastic comments and it eliminates the need for additional qualifiers.


40 posted on 01/25/2010 11:58:46 AM PST by mazda77 (Rubio for US Senate - West FL22nd - Dockery for Gov. - JD Hayworth - US Senate)
[ Post Reply | Private Reply | To 16 | View Replies]

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)
[ Post Reply | Private Reply | To 38 | View Replies]

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)
[ Post Reply | Private Reply | To 39 | View Replies]

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.")
[ Post Reply | Private Reply | To 1 | View Replies]

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?)
[ Post Reply | Private Reply | To 1 | View Replies]

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)
[ Post Reply | Private Reply | To 4 | View Replies]

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
[ Post Reply | Private Reply | To 8 | View Replies]

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)
[ Post Reply | Private Reply | To 1 | View Replies]

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
[ Post Reply | Private Reply | To 41 | View Replies]

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 isn’t welcome, I’m not welcome, it’s just that simple…)
[ Post Reply | Private Reply | To 16 | View Replies]

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
[ Post Reply | Private Reply | To 4 | View Replies]


Navigation: use the links below to view more comments.
first 1-5051-100101-150151-172 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson