07/05/05

Liberals who see the retirement of Sandra Day O'Connor as a giant step toward the overturning of Roe v. Wade are taking solace in two facts: For now, the U.S. Supreme Court seems to have five votes to uphold Roe; and even that precedent's demise would leave abortion legal in states that do not outlaw it themselves. But, as Justice Harry Blackmun wrote 16 years ago, 'a chill wind blows.' The numerical majority may not be as safe as many hope. And more worryingly, recent decisions on federalism -- decisions applauded by liberals -- may well pave the way for a post-Roe national ban on abortion. Let's begin with the arithmetic. The current Court is divided 6-3 on abortion. The supporters of Roe ... are O'Connor, John Paul Stevens, Anthony Kennedy, David Souter, Ruth Bader Ginsburg and Stephen Breyer. Even if O'Connor’s successor votes to overturn Roe, the case will remain the law of the land...

http://www.prospect.org/web/view-web.ww?id=9934

from The American Prospect, by Michael C. Dorf


Informant: Thomas L. Knapp