Roberts clear shot at Roe uttered in the Citizen's United decision::

[cali]

"There is no inexorable command that the court must preserve past rulings".

[Turbineguy]

1. Ding, ding, ding!

We have a winner!

[niyad]

19. sadly, I think you are correct.

[jefferson_dem]

2. So much for his stupid "umpire" analogy.

Roberts is clearly eager to step into the batter's box and carry the big activist club. I hate that POS.

[Yurovsky]

3. What about Dred Scott?

I'm as big a supporter of Roe as anybody, but if ALL decisions were permanent, our society would be stuck in the 19th century, wouldn't it?

I understand the concern WRT the fact it was Roberts who said that, but if John Paul Stevens had said it, would you feel differently?

In the final analysis, I find it virtually impossible to imagine the court would try to overturn a decision that is supported by an overwhelming majority of Americans, and I am confident that Congress and most state legislatures would immediately act to correct any such action that a Roberts-led majority might take against Roe. I'm also of the mind that Justice Kennedy wouldn't side with the conservatives on this one (but he's a hard person to read, guess that's why he's a "swinger").

Of course, if Obama lost his re-election bid (and the GOP somehow regained House/Senate majorities), I'd be much more nervous, knowing the oldest (Stevens) and possibly frailist (Ginsberg) justices were both reliably progressive votes in a closely divided court. If you add one or two right wingers, all bets are off (and it won't matter if Kennedy votes with the progressive justices or not).

Just my $0.02

[Gman]

6. You don't understand the culture war

they are at war against us. There is nothing sacred to them in this war.

[Pab Sungenis]

7. Dred Scott was never overturned by the Court.

The 13th, 14th, and 15th Amendments were passed to nullify Dred Scott.

[backscatter712]

13. Brown v. Board of Education overturned Plessy v. Ferguson.

Plessy v. Ferguson gave us "separate but equal", and Brown v. Board of Education overturned it, stating that Jim Crow style separate but equal laws were unconstitutional.

Roberts is technically right in that the Court can choose to overturn prior decisions. Of course, he's got an agenda he's clearly pursuing by saying such things...

[Phoebe Loosinhouse]

33. I would like to see Kelo overturned. nt

[niyad]

18. you mean states like south dakota, missouri and ohio, which have all tried to outlaw abortions?

a congress that includes stupak, pitts, and the other woman-hating, misogynistic anti-choicers?

what in heaven's name ARE you smoking?

[Thothmes]

38. Which Supreme Court Decision overturned Dred Scott?

[FreakinDJ]

4. It also proves Corp Personhood can be overturned

[Pab Sungenis]

8. But unlikely unless we finally amend the Constitution.

That's the fastest way to ensure that Corporate Personhood is unconstitutional, by making it explicitly so.

[FreakinDJ]

10. We should petition for both

Dual Path to eliminating Corporate Personhood

[depakid]

5. Ahem. Not Roe (which isn't good law anymore) but the basic premise(s) found in Griswold

And it'll be an interesting can of worms.

Like many of the deals that have come to fruition over the last week- a long while in coming, and full of unintended consequences.

[boppers]

22. ... and Griswold was also the foundation of:

Eisenstadt v. Baird: The state has no right to regulate activities of unmarried couples
Lawrence v. Texas: The state has no right to regulate activities of same-sex couples

[depakid]

29. Actually, Lawrence takes a completely different tack

Not relying on any right at all, but simply stating that the state had no rational basis for enacting such a stature- as it furthered no legitimate state purpose. That's a rare ruling, since applying the rational relationship test usually assures that a statute will be upheld on review.

[boppers]

32. URL plz? eom

[Manifestor_of_Light]

28. Right to privacy.

Justice Ginsburg says that Roe could have been decided on other grounds, and I believe her.

[bahrbearian]

9. codswallop.

[rhett o rick]

11. The SC wont touch Roe for the same reason bush* didnt ever catch bin Ladin.

CorpAmerica, our new master, wants the Roe decision out there to keep the idiot base stirred up. Same reason bush* didnt catch bin Ladin or solve the illegal immigrant issue. Once these issues are "solved", the Reich-Wing would have nothing to run on.

[depakid]

30. You underestimate the nature of fundamentalists

They'll take everything that they can get and keep agitating or more and more.

That's the nature of extremists.

[rhett o rick]

36. Yes, but the fundamentalists arent in charge. They are tools of those in charge. Those in charge

love to have wedge issues and will work to retain the issues and not solve them. That's why bush* didnt catch bin Ladin, didnt do anything about illegal immigrants and that's why roe v wade hasnt been brought up.

Fundies are not the problem. It's their masters.

[azmouse]

12. We face some scary years ahead until these RW justices

either retire or are removed.

[Mz Pip]

14. So much for Robert's claim

that Roe was "settled law," which he was more than happy to state during his confirmation hearings.

I don't trust him. Never did. I don't think he ever did a ruling that didn't favor the corporations over the individual. Probably why Bush wanted him on SCOTUS.

[bertman]

15. Thank you, Mz Pip. I was just remembering how the Democratic Senators were all gushing

about how Judge Roberts said the Roe v. Wade was "settled law" so he should be confirmed as Chief Justice.

It's a fucking charade. All of it. The Democrats could have stopped that asshole from being confirmed but they were all about BIPARTISANSHIP. Just wait until President Obama tries to appoint a liberal to fill the next opening. End of bipartisanship. At least on the Republican side.

REC and kick.

[Unvanguard]

16. Every justice agrees with that statement. It's nothing special. n/t

[indepat]

17. What is inexorable is the is the utter contempt the heinously felonious five have for our

Constitution and we the people. :P

[ProSense]

20. Roberts uttered many clear shots at Roe before he became Chief Justice. n/t

[Canuckistanian]

21. So much for "stare decisis"

After he swore up and down that he would respect past rulings.

Not surprising.

[cascadiance]

23. "Stare Decisis" is now "Selective Decisis"

Roberts and the right wing decides which they keep and which they don't, not based on principle of settled law, but what suits "their purposes" better. What a great judiciary we have now. They don't care about law any more, or even whether they follow "decisions" by court clerks that contradict ANY law or ANY court decision, just as long as it "does what they want"!

[Canuckistanian]

26. I read an article a few years back

About the definition of what an "activist judge" was. It was decided that an "activist judge" was one who ruled most consistently against legislated law.

And sure enough, it was the conservative justices that most often ruled in opposition to legislated law.

[winyanstaz]

24. We know it was five judges that betrayed the Constitution and America...

So how do we start the impeachment process?

[Bleacher Creature]

25. I wouldn't waste much time speculating how he would vote on Roe v. Wade.

The guy is a guaranteed vote to overturn the decision if it ever came before the Court. No ifs, ands or buts.

[krispos42]

27. "Conservatives Without Conscience"... after reading that...

...absolutely nothing Roberts and his minions does or will do will suprise me. Terrify, yes. Surprise, no.

John Dean, the last honest Republican. :cry:

[tomm2thumbs]

31. If Roberts wasn't on the Supreme Court, I bet he'd be living on C-Street - ya think?

he's going to be around for a long, long time -

[Shrek]

34. Justice Kennedy made a similar comment in the Heller case

"Miller may be deficient" in referring to gun-control precedent.

Apparently they'll honor precedent only if they agree with it.

[Orsino]

35. As far as that goes, he's right.

The latest majority opinion is still indefensible.

[ljm2002]

37. Yet I can't help remembering...

...how many times he intoned "stare decisis" during his confirmation hearings, vowing that he would respect the precedents that have already been set.

And many of us sat there and said, you're lying through your teeth you bastard.

And he was.