December 14, 2016


It's Not Looking Good for Roe v. Wade (SCOTT LEMIEUX, December 14, 2016, New Republic)

Thanks to Senate Majority Leader Mitch McConnell's cynical but politically brilliant gamble of refusing to give a hearing to President Barack Obama's nominee, Merrick Garland, the people's second choice will enter office with a Supreme Court vacancy to fill. [...]

The real potential danger lies down the road. Justice Ruth Bader Ginsburg is an 83-year-old cancer survivor, Justice Stephen Breyer is 78, and Kennedy himself is 80. Ginsburg and Breyer will almost certainly stay on the Court as long as they're physically able to serve, but four years is a long time. And it's possible that Kennedy could resign to be replaced by a Republican successor, although he might be the kind of nearly extinct moderate Republican who disdains Trump. Democrats will face the odd situation of doing their damnedest to keep Kennedy on the court for four more years.

But if Trump is able to get one more nominee confirmed after replacing Scalia, that will make Chief Justice John Roberts the median vote on the Court. What happens then? At that point, the only question is whether Roe is quickly executed or slowly strangled to death.

With a Democratic Congress, Donald would have been likely to nominate a pro-choice juror; but the GOP victory restricts his options severely.

Posted by at December 14, 2016 8:14 AM