Title: O'Connors's retirement
Jaya Solo - July 1, 2005 04:40 PM (GMT)
Well, O'Connor stepped down today.
It's interesting that she stepped down now, but I'm sure she thought long and hard about whether she should retire now or not.
Wonder who will replace her... I know she's been a swing vote on many issues, and I hope that whoever Bush nominates is similar in views to O'Connor.
Well, I'm out for a week... it'll be interesting to see what it's like after I get back.
Jesina Dreis - July 1, 2005 05:42 PM (GMT)
Well, abortion will no longer be legal, for one thing
Jaya Solo - July 1, 2005 06:02 PM (GMT)
Not necessarily. I think it's a bad idea in general to stop abortion. I don't like abortion, but I don't think it's my place to tell another woman what she can or can't do with her body.
But yes... things could change...
Spee - July 1, 2005 07:27 PM (GMT)
|Well, abortion will no longer be legal, for one thing |
I doubt it will come to that. Justice Kennedy has voted in the past to uphold Roe v. Wade. Even if an anti-Roe justice is appointed in O'Connor's place, it will still be 5-4 to uphold. Only Rehnquist, Scalia, and Thomas have said Roe should be overturned.
Jesina Dreis - July 1, 2005 09:02 PM (GMT)
The last vote was 5 - 4 with O'Connor among the five.
Jaya Solo - July 1, 2005 10:18 PM (GMT)
But was that partial birth or abortion in general?
Valin_Halcyon - July 1, 2005 11:02 PM (GMT)
Damn! Now Bush gets to put a judge on the court.... :worried:
Jesina Dreis - July 1, 2005 11:06 PM (GMT)
That was abortion in general. Planned Parenthood v. Casey.
Spee - July 2, 2005 03:16 AM (GMT)
Casey was 5-4, but that was back when Blackmun and White were on the Court instead of Ginsburg and Breyer. White wrote a dissenting opinon for Roe.
Here's how it stands (or did before O'Connor left):
Breyer (undue burden)
Ginsburg (undue burden or equal protection)
Kennedy (undue burden)
O'Connor (undue burden)
Stevens (strict scrutiny)
Souter (undue burden)
Rehnquist (rational basis)
Scalia (rational basis)
Thomas (rational basis)
So even if O'Connor is replaced with someone anti-Roe (which is doubtful, since we do not have a filibuster-proof Senate at the moment), Breyer, Ginsburg, Kennedy, Stevens, and Souter will still make 5 for Roe.
Spee - July 7, 2005 12:30 AM (GMT)
Jesina Dreis - October 1, 2005 04:44 AM (GMT)
Bringing it back to life...
I heard on the radio Bush is looking at minority women to replace O'Connor.
Valin_Halcyon - October 1, 2005 04:47 AM (GMT)
Intruiging. is he going to try to appoint a moderate?
Jesina Dreis - October 1, 2005 04:56 AM (GMT)
Snowball's chance in hell of that happening. The Dems can't stop him and he knows it.
Kaija - October 1, 2005 10:45 PM (GMT)