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89Spartan skrev
Han har ju själv sagt att hans nya domare kommer bli väldigt höger. Kommer dom ändra abort och bög lagarna? Dom kommer ju ha en majoritet iaf.
Han har ju själv sagt att hans nya domare kommer bli väldigt höger. Kommer dom ändra abort och bög lagarna? Dom kommer ju ha en majoritet iaf.
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VOX har skrivit om det efter Donald Trumps intervju med CBS:The alignment of the current Court
After the death of conservative stalwart Antonin Scalia, and the refusal of Republicans in the Senate to hold hearings on President Obama’s proposed replacement Merrick Garland, there are still only eight justices on the Supreme Court. That means Trump will probably appoint the ninth — and it’s probably safe to assume that that ninth justice will be an “ultra-conservative” who favors overturning Roe.
But even then, Rikelman said, the Court still has a five-member majority that clearly would not vote to overturn Roe: the four liberal justices and Anthony Kennedy, who recently voted with them in Whole Woman’s Health to strengthen abortion rights.
If one of those five members retires or dies while Trump is in office, the balance could shift. But Rikelman said she believes the power of precedent would keep Roe standing even if Trump appoints two justices who are committed to overturning it.
The difficulty and rarity of actually getting the Court to hear a case
So let’s say Trump has appointed those two ultra-conservative justices, and that all three of the other conservatives on the Court are willing to join them and set precedent on fire by overturning Roe v. Wade.
They still need to hear the right case that will allow them to do that.
“A case can't just sort of show up two weeks from now at the Supreme Court that would allow it to overturn Roe v. Wade,” Rikelman said. “There are rules about when the Supreme Court takes cases, and it takes very, very few of the cases that come before it — a tiny percentage. And so it could be many years before a case even came in front of the Court that would give it the opportunity to overturn Roe v. Wade.”
Generally speaking, the Supreme Court only takes a case if one of two things happen, Rikelman said.
One is a “circuit split,” when two lower federal courts of appeals disagree on an issue of law. That’s why the Court took up Whole Woman’s Health in the first place, Rikelman said. Every federal appeals court except one, the 5th Circuit Court, which governs Texas, Louisiana, and Mississippi, had struck down abortion restrictions that were similar to the ones Texas passed in 2013.
So there was a conflict that the Court had to resolve, which it did — but it took three years after Texas passed its anti-abortion laws for that ruling to come down.
The other scenario in which the Court might step in is when a federal law passes that gets challenged as unconstitutional. That’s actually a pretty likely scenario with a Republican-controlled Congress and Trump as president.
http://www.vox.com/policy-and-politics/2016/11/13/13618556/trump-60-minutes-roe-v-wade-abortion
