Overruling Casey News Today

As everyone knows by now, the Republican effort to turn the Supreme Court into a political tool has just borne fruit --- The media has published a draft of an opinion written by Justice Samuel Alito which completely overturns Roe v. Wade (as well as Planned Parenthood v Casey, which re-affirmed Roe while changing the rules slightly). The Alito opinion already has a five-vote majority taking away a Constitutional Right that has been the law of the land since 1973.

Alitos confirmation hearing answer. tonight, right now, his answer to questions about roe v. wade. he is the author, now, of this opinion that will overturn roe v. wade. lets listen to what alito said about it in his confirmation hearing. >> why dont we move on to another important quotation out of casey. quote, a terrible price would be paid for overruling casey, for overruling whoa, we would certainly we can the courts capacity to exercise the judicial power, and to function as a supreme court...

0 >> again, it has been a remarkable hour. this is groundbreaking reporting from politico.com. josh goldstein, alexander ward. they have obtained -- i cant even, i still caught sounds crazy to hear the words coming from my mouth. theyve obtained a graph maturity opinion from the supreme court. this is not a ruling that has been issued, but it is been drafted by conservative justice samuel alito which overrules roe v. wade and planned parenthood versus casey, full stop and completely. and with an...

Can form a stable foundation of the rule of law. >> youve talked a number of times about the reliance interests here. i think id like you to say a little bit more about that. because sometimes when we talk about reliance interest, its like theres a rule of law and you look at it and say oh, somebody will enforce my contract because of this rule. and it has a kind of grounded quality to it. and as casey talked about the reliance interests here, theyre a little bit more airy. and i just wanted to ...

What relationships to enter into. what investments to make in their jobs and careers. i think of an individual level, there has been profound reliance. its servely the -- certainly the case that not every woman in america has had or wanted to exercise this right. but one in four american women have had an abortion. for those women, the right secured has been critical in ensuring they can control their bodies and their lives. i think theres a second dimension to it that casey also properly recogn...

Viability line is that its clearly demarcated the scope of a womans protected liberty in this context. the state is not asking this court to replace it with a clear 15 -week line. theyre asking the court to reverse the liberty interest altogether or leave it up in the air. if that happens immediately states with six-week wan bans and so on would seek to enforce those with no continued guidance of what the scope of the liberty guidance is going forward. >> the thing that is at issue before us tod...

Assessing the regulations against. whether they imposed a substantial obstacle in the path of a woman before viability. and if a prohibition like this law isnt a substantial obstacle, then nothing would be. the issue was squarely before the court, and, in fact, the court said at page 879 that in adopting the undue burden test, it was not disturbing the viability line. >> its a very interesting question. i think justice barrett raised, too. its usually just philosophical, but i think it has bite ...

Is that correct? >> that is correct, because some of the states started to describe the common law at that point because of a discriminatory view that a womans proper role was as a wife and mother, a view the constitution rejects, and thats why its appropriate to do the historical analysis at a higher level of generality. >> in the case of that, can it be said the right to abortion is deeply rooted in the history and traditions of the american people? >> yes, it can. again, at the founding women...

Different answers in mississippi and new york. different answers in alabama than california, because there are two different entess at stake and the people in those states might value those interests somewhat differently. why is that not the right answer? >> justice kavanaugh, its not the right answer because the court correctly recognized that this is a fundamental right of women. and the nature of fundamental rights is that its not left up to state legislatures to decide whether to honor them ...

White supremacy. so there was a lot of reliance. it was -- it was improper reliance. it was reliance on an egregiously wrong understanding of what equal protection means. but your answer is -- i dont -- i dont understand -- i dont have your answer clearly. can a decision be overruled simply because it was erroneously wrong even if nothing has changed between the time of that decision and the time when the court is called upon to consider whether it should be overruled? yes or no? can you give me...