The real reason Bush is nominating Roberts as Chief Justice now

Nimue77

EOG Senior Member
#1
"Getting a new chief justice of Bush's choosing in place quickly also avoids the scenario of having liberal justice John Paul Stevens making the decisions about whom to assign cases to and making other decisions that could influence court deliberations. As the court's senior justice, Stevens would take over Rehnquist's administrative duties until a new chief is confirmed."



I tried to paste the whole article this came from but it won't work for some reason, but you can find it at www.breitbart.com
 
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xpanda

Guest
#3
I saw a pro-choice ad on CNN earlier stating that Roberts has been quoted as saying that Roe v. Wade should be overturned. Can the Supreme Court just arbitrarily overturn past rulings like that or must a case come before them first? Also, what does this mean for the pro-choice movement; will the states be given the right to decide if abortion is legal or does overturning Roe v. Wade automatically criminalise abortion?
 

Nimue77

EOG Senior Member
#4
The Supreme Court can overturn a ruling, but in general it is normal to follow past courts decisions and take on new issues. You can read about Stare Decisis. regardless, Roe vs Wade would allow states to make abortion illegal but would not make abortion illegal in the U.S. However, congress might then be free to pass such a law - which could still be found unconstitutional.




xpanda said:
I saw a pro-choice ad on CNN earlier stating that Roberts has been quoted as saying that Roe v. Wade should be overturned. Can the Supreme Court just arbitrarily overturn past rulings like that or must a case come before them first? Also, what does this mean for the pro-choice movement; will the states be given the right to decide if abortion is legal or does overturning Roe v. Wade automatically criminalise abortion?
 
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xpanda

Guest
#5
Nimue77 said:
However, congress might then be free to pass such a law - which could still be found unconstitutional.
If not, that 800,000-women march on Washington two years ago will seem like a small gathering ...
 
#6
xpanda said:
I saw a pro-choice ad on CNN earlier stating that Roberts has been quoted as saying that Roe v. Wade should be overturned. Can the Supreme Court just arbitrarily overturn past rulings like that or must a case come before them first? Also, what does this mean for the pro-choice movement; will the states be given the right to decide if abortion is legal or does overturning Roe v. Wade automatically criminalise abortion?
The Supreme Court would not just overturn Roe V. Wade. If, however an abortions rights case moved its way up to the Supreme Court, the court could take the case and rule on it. If the court ruled against the abortions rights case, it is my understanding that abortion rights would then be decided within the individual states. This is not exactly the nuclear bomb that abortion rights supporters say it is as many states would continue access to legal abortions. Some states may not, but I think they would be among the few.
 

JC

EOG Veteran
#7
One other reason for making Roberts the Chief Justice now. He's young and he will be Chief for life. Things may change in this country but W thinks he's putting a strong conservative in the top spot for the next 20-30 years. I'm hoping he surprises everyone and has a more libertarian outlook.
 
#9
xpanda said:
I saw a pro-choice ad on CNN earlier stating that Roberts has been quoted as saying that Roe v. Wade should be overturned. Can the Supreme Court just arbitrarily overturn past rulings like that or must a case come before them first? Also, what does this mean for the pro-choice movement; will the states be given the right to decide if abortion is legal or does overturning Roe v. Wade automatically criminalise abortion?

completely false ad
 

MLM

EOG Member
#11
JC said:
He's also the easiest to confirm. W can't afford any extra controversies these days.
Bush needs a good fight. When Ted Kennedy, NARAL and other folks on the fringe go after Bush, his numbers will go up. It worked wonders for Clinton.

Rove right now is probably setting up a conference call between Cindy Sheehan and the national media desperate for her opinion on O'Conner's replacement. The guy is a genius.
 
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