In light of last week's decision by the court to uphold a ban on an abortion procedure, On Point is looking today at the new High Court headed by Chief Justice John Roberts. The court is lined up to decide cases on campaign finance and free speech, schools and race, which could be decided in new ways, given the court's new composition.
Here are some excerpts from what was said on the show:
"I think the decision is highly, highly significant. It's really a dramatic change for this Supreme Court. Justice Kennedy's opinion makes clear that states are going to have an important role in this debate; that he believes the Supreme Court has undervalued that role; and that states can make moral choices. This is quite different language that we've seen from the Supreme Court and it's going to allow states to pass greater laws, restricting abortion, regulating abortion." Jan Crawford Greenburg, legal affairs correspondent for ABC and author of "Supreme Conflict: The Inside Story of the Struggle for Control of the United States Supreme Court."
"Far from being the Roberts court, this is entirely the Kennedy court. He's the one who controls the balance, and in this sense, this is a quintessentially Kennedy opinion. ... He's entirely consistent with what he wrote in the partial birth case a few years ago, and for him, it was in that case that he felt almost betrayed by his decision to uphold the core of Roe v. Wade. When he upheld Roe in 1992, he made clear that he thought that the bargain he'd struck was that early-term abortion had to be protected but late-term abortions could be restricted. ... In his mind, he's just upholding that original bargain and in that sense, the core of Roe is not at all under threat." Jeffrey Rosen, professor at the George Washington Law School and author of "The Most Democratic Branch: How the Courts Serve America."
"The reason that the anti-abortion forces pushed this issue was that it proved a great wedge issue with the Democrats. This was something that really made a lot of Democrats very, very uncomfortable because it focused on a procedure that a lot of people found immoral, and even people who'd support abortion under other circumstances. ... This has always been, I think, much more of a political issue than a legal issue or a medical issue." Karen Tumulty, national political correspondent for Time magazine.
What’s your verdict on the Roberts’ Court? Is he taking the court and the country where you want it to go? Or not?


Comments: 6
Cathy
Cathy
Oh, and one more pet peeve - contrary to what the talking head just said, the country has NOT become more conservative in the past decades. See the book