Quote:
Originally posted by KSig RC
The case can effectively be 'overturned' in the sense of judicial review by simply ruling differently on a new case, or by upholding a congressional amendment to ban abortion, or etc etc etc.
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Absolutely right. Original parties have no control in the issues once a case is decided. The fact that Roe has switched from pro-choice to pro-life is irrelevant. It is a legal issue not a factual one for the courts or legislatures to decide.
I remember watching an interview with Roe and Wade a few years back, and was also surprised to hear about her 180 shift.
As far as the new appointments to the Supreme court go, Roe won't be overturned despite what the media would like you to think. Replacing a conservative retiring justice with another doesn't swing any votes (Rehnquist and O'Connor are looking ripe).
And with the control of the senate and house, it will still take a lot of effort to pass a law against abortion, not to mention the fact that it could run the risk of being deemed unconstitutional later. I consider the abortion issue settled and permanent under the law. Whether you're for or against it, it's going to be around for a while...