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Old 09-10-2008, 11:32 AM
MysticCat MysticCat is offline
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Quote:
Originally Posted by KSigkid View Post
I don't pay attention at all to abortion, for the reasons KSigRC outlined. Despite what is going on in the states, I think there's almost no chance that Roe or Casey (i.e. the case everyone forgets about) are overturned, or at least in a substantial enough manner to make abortion illegal everywhere. I just don't think you'll ever have a majority of the court who will be so eager to overturn that precedent. You'd need a very conservative justice who doesn't care about precedent, and I don't think that's happening anytime soon. I think it's a hot button issue that gets people's attention, but I don't think anything is changing.
While this isn't a push-button issue for me, and while I agree that we are not likely to see Roe or Casey overruled ouright, I think we very well could see their application limited. The Court has shown itself to be quite willing to respect stare decisis by not overruling precedent outright while limiting the effect of that precedent to the point that it might as well be overruled.

So I wouldn't discount the possibility of the Court chipping away at earlier decisions.
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