[FoRK] Palin: pro-life AND sympathetic to creationism
russell.turpin at gmail.com
Fri Aug 29 16:04:54 PDT 2008
On Fri, Aug 29, 2008 at 5:56 PM, Jeff Bone <jbone at place.org> wrote:
> Any overturn of Roe --- which was decided on a shaky basis anyway ---
> would be immediately challenged on stronger grounds; and perhaps the
> net result of that would be an even more durable law.
Courts don't work that way. Any lawyer defending Roe is defending the
decision, not the argument on which it was decided, and would argue
what they think is the strongest grounds. If SCOTUS overturns Roe,
rather than somehow modifying it, it is the decision not argument
that goes. It is extremely unlikely that the court would turn around
and reinstate similar decision on different grounds.
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