C
cornbread_r2
Guest
I disagree.[snip]
What’s missing here is that Roe is a violation of the U.S. Constitution, but the USSC will never take a case which, effectively, admits that they were wrong. the USSC sees each holding as the sum of all its history, and basically irreversible.
[snip]
The USSC has a legal obligation to uphold the Constitution; it does not have any legal obligation to uphold the principle of stare decisis. Additionally, this court would not be admitting that it got anything wrong, since it is not the same court that decided Roe v Wade in the first place. Finally, this court has already demonstrated that it is fully capable of sweeping aside established precedence when it ruled in Citizens United v. Federal Election Commission in 2010. (It is interesting to note that in this case, three justices, Roberts, Scalia and Thomas, voted with the 5-4 majority to overturn precedence even after all three had testified in their confirmation hearings that they supported the principle of stare decisis.)