The Soapbox

BonsackHoo

Joined: 11/17/2011 Posts: 3039
Likes: 5546


Depends on what you mean by overturn.


A ruling outright that Roe v. Wade is no longer the law of the land? Perhaps not. I think Thomas and Alito are pretty clear they would do this. I also assume Gorsuch would. But I don't know if Roberts would do this or the new nominee.

But functionally destroy Roe v. Wade? This is extremely likely.

Whole Women's Health v. Hellerstedt was the 2016 abortion case where the Supreme Court found 5-3 that a Texas law that put very heavy regulations on abortion was unconstitutional. Texas did the same thing towards abortion that conservatives say Democrats do to business: you can regulate something to such an extent that it is impossible for the business to operate. Texas purposefully placed a ton of regulations on abortion to make it functionally very very difficult for abortion to be provided.

Roberts, Alito, and Thomas didn't think these regulations were enough to impose an undue burden.

So you have three votes who will functionally restrict a women's right to abortion. Trump promised that his Supreme Court picks will overturn Roe v. Wade. I presume Gorsuch and the new appointee would join their fellow conservatives.

So functionally, Roe v. Wade may not matter matter much at all if Trump gets his pick

(In response to this post by Hokie5150)

Posted: 06/27/2018 at 6:48PM



+1

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Justice Kennedy Retiring effective July 31 ** -- Charleston Cav 06/27/2018 2:05PM
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  You're not funny. -- hoothat 06/28/2018 01:20AM
  F you man -- VaTechie 06/28/2018 10:32PM
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  Cool. -- WahooRQ 06/29/2018 06:58AM
  Her response was perfect. ** -- psychobilly 06/27/2018 4:16PM
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  Thank you. Very well stated.** -- graycalhoo 06/27/2018 7:32PM
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  Dude, you are comedy gold. Lol. ** -- Hokieesith 06/27/2018 11:17PM
  Lol ** -- hoothat 06/27/2018 4:44PM
  That's the Judge the left deserves :>) ** -- Tuckahokie 06/27/2018 3:21PM
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  Hot summer! ** -- jackethoo 06/27/2018 2:16PM
  Thanks, Dems ... ** -- WaxHoo 06/27/2018 2:13PM

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