The Abortion Scare Campaign

7/4/18
from The Wall Street Journal,
7/2/18:

Why Roe v. Wade and same-sex marriage are likely to survive after Kennedy.

Some things in politics are predictable—a New Jersey tax increase, a “no” vote by Senator Rand Paul, and an abortion-rights scare campaign every time a Republican President makes a Supreme Court nomination. And sure enough, the predictions of doom for abortion and gay rights began within minutes of Anthony Kennedy’s resignation last week. These predictions are almost certainly wrong.

The first thing to keep in mind is that this is what Democrats and their media allies always say. They said it in 1987 when Justice Kennedy was nominated. They said it in 1990 about David Souter, again about Clarence Thomas in 1991, John Roberts and Samuel Alito in 2005, and Neil Gorsuch in 2017. They even claimed the Chief Justice might overturn Roe because his wife is a Roman Catholic. Mrs. Roberts is still waiting to write her first opinion. The liberal line is always that Roe hangs by a judicial thread, and one more conservative Justice will doom it. Yet Roe still stands after nearly five decades. Our guess is that this will be true even if President Trump nominates another Justice Gorsuch. The reason is the power of stare decisis, or precedent, and how conservatives view the role of the Court in supporting the credibility of the law.

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