Tuesday, March 01, 2005
Why Roper v. Simmons May Lead to the Downfall of Roe v. Wade.
As I discussed in previous posts, and as more eloquently discussed in many other blogs, including ProfessorBainbridge.com, and Powerline among many others.

Powerline in particular stresses that this makes the next few Court appointments particularly important. And this is the basis for my argument here: this decision will energize those opposed to judicial activism and will in fact cause more conservative justices to be appointed to the Supreme Court than would otherwise have been. President Bush and the republican controlled houses of the legislature are going to hear even more forcefully from their constituents. And the likely result of this is that decisions such as Roe v. Wade, and even Roper v. Simmons itself, will probably get overruled.

Judicial activism begets judicial activism. It is going to be an interesting next 10 years or so...
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I am an attorney in Chicago. Politically speaking, I am an indepedent that tends to lean conservative on fiscal issues and progressive on social issues. I try to remain as unbiased and open-minded as possible. Please email or post any comments, and especially criticisms. If something I say is wrong, or you disagree - let me know about it!



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