The Supreme Court Myth



Posted at The Quixotic Iconoclast:

The idea is being put forward by both major parties that the future of Roe v. Wade hangs in the balance because of Supreme Court nominations that will be made during the next 4-8 years. People are urged to vote for a candidate that they might otherwise abhor, so that their side can prevail in Roe v. Wade. Is that true? Can we solve this just by supporting the right party?

The best case study for this idea is the 1992 decision in Planned Parenthood v Casey.

At the time of the decision, Republicans had been in control of the White House for 12 years. Because President Carter made no nominations to the Supreme Court, Republicans had nominated every Justice appointed since 1969. Eight of the nine sitting Justices were appointed by Republicans. Only Justice White, appointed by President Kennedy, was the nominee of a Democrat. This was the perfect opportunity for Republican nominees to overturn Roe v. Wade. They had an 8-1 majority over Democrat nominees.

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