The pseudonym "Philo Vaihinger" has been abandoned. All posts have been and are written by me, Joseph Auclair.

Thursday, July 5, 2018

Phooey.

Why Roe v. Wade is most likely not in grave danger no matter whom Trump nominates

The writer cites stare decisis, which does not stop judges who think a precedent both seriously mistaken about the constitution and morally deplorable.

And then . . .

Another consideration is this: The court will be reluctant to take away a constitutional privacy right, even if that right was granted with dubious reasonin/abdg. 

If Roe were being decided for the first time by the new court, a conservative majority could easily decline to recognize a new privacy right. 

However, taking away an already granted, substantially relied-upon right is much harder for the court to do.

Ballocks.

Whistling past the graveyard, he is.

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