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Old 05-08-2019, 07:52 PM
DinoR is offline
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Join Date: Oct 2014
Posts: 3,605
Quote:
Originally Posted by Velocity View Post
Conservatives shouldn't be doing this unless they have a 6-3 or 7-2 majority.
There was a court case in 1992 where conservative appointees held an 8-1 advantage. The lone liberal appointee sided with the dissent in Roe V Wade. If you are just counting noses by political lean and previous decisions abortion should have been illegal in the US for decades now. By typical approach to counting votes we could have expected a unanimous overturning of Roe.

That's not what happened. That court produced a plurality opinion that upheld the central finding of Roe v Wade. It did create the "undue burden" standard for regulation and restriction of abortion that's been behind most of the big abortion cases we've seen since. See Planned Parenthood v Casey

An older Atlantic article asks "URL="https://www.theatlantic.com/politics/archive/2010/04/what-is-a-conservative-judge/38786/"]What Is a Conservative Judge?[/URL]" The label tends to lump together both judges who might be expected to decide differently when there is an existing precedent for a decision that seems liberal. Counting noses by who appointed them or even by their decisions on unrelated cases without long held precedent is filled with the possibility of errors.