Neil Gorsuch, President Donald Trump’s Supreme Court nominee, said Tuesday that Roe v. Wade, the landmark abortion case, should be treated as a precedent of the court and has been repeatedly reaffirmed, the Daily Beast reports.
“All of the other factors that go into analyzing precedent have to be considered. It is a precedent of the United States Supreme Court,” Gorsuch said during his confirmation hearing. “So a good judge will consider it as precedent of the United States Supreme Court worthy as treatment of precedent like any other.” The 1973 case has been a point of contention for social conservatives, who have long wanted it overturned. Trump said on the campaign trail that he would appoint someone to the high court who would overturn Roe v. Wade. When asked about this, Gorsuch said a settled case “adds to the determinacy of the law. What was once a hotly contested issue is no longer a hotly contested issue. We move forward.”
There is a ‘Precedent’ for just about everything. How convenient
“If capital punishment is state murder, then imprisonment is state kidnapping and restitution is state theft.”
‘This creature shoots his pointed quills. And beasts destroyed and men. But more the ravenous lawyer kills, with his half-quill, his pen.
1767 children’s book under the illustration of a porcupine.
Let’s translate this in context. Feinstein asked Judge Gorsuch if Roe v. Wade was “super precedent”. that is, a precedent which is [almost] equivalent to a constitutional amendment and could never be overruled. What the Judge told her was that it is precedent like any other legal precedent, thus implying that it is subject to reconsideration.
Super precedent is not accepted by any court, and is an invention of liberals to protect those opinions that they like. The Judge basically, politely but firmly, told the Senator that she was talking rubbish.
If Rowe v. Wade were overturned, that wouldn’t mean that abortion would become illegal. The question would be thrown back to the states. So, for example, in NY and CA abortion would probably be legal, and in TX and UT illegal.
People in states where abortion was illegal would travel to places where they could get a legal abortion. If they couldn’t afford to do that, they might try do-it-yourself abortions or illegal abortions.
Meanwhile, much time and energy would be spent over the legality of abortion in states where the matter was closely contested.
If Rowe v. Wade were overturned ,the impact on America & the whole world will be massive & with seismic ripple effects beyond ..
irrespective of how the various States will work it out