Quote:
Originally posted by Replaced_Texan
You may be able to argue that the reasoning behind Roe v. Wade is wrong, but it is very solid legal support for abortion rights.
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Thats what the whole "super-precedent" thing discusses. If you haven't heard it yet, many people have been touting Roe as a "super-precedent" standing for the principle thhat abortion must be legal. They say - and Roberts himself acknowledged - that Roe can't be overturned just on the basis that its technically not great law. its a flawed justification for a social policy which can't be overturned, and the last 30 years of decisions upholding it are the Court's best attempts to avoid undoing on a technicality a right of women which our society can't afford to undo.
Nobody knows this better than the GOP - thats why Arlen Specter and his cronies have pushed the concept of the "superprecedent" recently. It gives the GOP an avenue around the states rights advocates who really just want to flip Roe. The GOP can't flip Roe. Its political suicide. Look for a "superprecedent" justification for Roe in coming years.
