Dems’ strawman argument for opposing Trump’s SCOTUS nominee, it will overturn of Roe v. Wade (link)

[Cosmos]

Here’s the best explanation I’ve seen as to why Roe v. Wade won’t be overturned anytime soon, regardless of what Trump said on the campaign trail and who he nominates tonight…

1. Roe v. Wade has been law for 40 years. It has survived numerous pro-rights administrations. It has the power of precedent.
2. Stare decisis. Once a court issues an opinion, that opinion remains in force unless there are very, very good reasons for revisiting it.
3. Making a case for judicial activism. There are more women in the workforce than ever. Our society needs them. Women need the right to control their own bodies more than ever. Therefore, it’s likely to get the swing vote from a justice who philosophically opposes abortion.
4. SCOTUS never gets to hear the case to begin with! Why not. Two reasons. First, there must be a “circuit spilt,” where two or more courts of appeal disagree. Then SCOTUS steps in. Second, Congress passes a law deemed unconstitutional. That’s probable when one party controls both Congress and the Executive. But in either case, the application process can go on for years. Trump might be out by then.
5. There are likely to be restrictions to abortions (e.g., a 20-week ban or D&E ban) rather than an outright overturn of Roe v. Wade.

Only nominee Amy Coney Barrett said she doesn’t care about precedent (see No. 1 above). Therefore and Barrett notwithstanding, no senator has grounds to oppose the nomination based on Roe v. Wade. To do so is just grand-standing and scare tactics employed by the Democrats. That said, it’s going to be a close vote.

Source:
https://www.vox.com/policy-and-politics/2016/11/13/13618556/trump-60-minutes-roe-v-wade-abortion

I thank you and have a blessed evening!

 

[kts136]

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