politics

For those that don’t follow or read about these things:

Settled law, like Roe? Let’s see what some of these justices said about Roe during their confirmation hearings, in order (notice the differences in each new justice confirmation)

~Gorsuck~ Gorsuch:

Gorsuch said that the Roe decision was “precedent,” but declined to call it “super precedent,” a loosely defined term indicating a deeply rooted, repeatedly upheld precedent. He also declined to give his opinion on whether he thought the court’s ruling was correct.

Gorsuch: Senator, again, I would tell you that Roe v. Wade, decided in 1973, is a precedent of the U.S. Supreme Court. It has been reaffirmed. The reliance interest considerations are important there, and all of the other factors that go into analyzing precedent have to be considered. It is a precedent of the U.S. Supreme Court. It was reaffirmed in Casey in 1992 and in several other cases. So a good judge will consider it as precedent of the U.S. Supreme Court worthy as treatment of precedent like any other.

(he did say a good judge, after all)

Grassley: What about Griswold, which was decided a few years before Roe, the case where the Court found constitutional right to privacy? Can you tell me your views on Griswold?

Gorsuch: Senator, it is a precedent that is now 50 years old. Griswold involved the right of married couples to use contraceptive devices in the privacy of their own home. And it is 50 years old. The reliance interests are obvious. It has been repeatedly reaffirmed. All very important factors again in analyzing precedent.

Kavanaugh:

During questioning, Kavanaugh avoided answering whether Roe v. Wade was correctly decided, or how he might rule in a future case challenging that court ruling. Instead, Kavanaugh repeatedly said that Roe v. Wade was “settled as precedent.”

Kavanaugh: Senator, I said that it is settled as a precedent of the Supreme Court, entitled the respect under principles of stare decisis. And one of the important things to keep in mind about Roe v. Wade is that it has been reaffirmed many times over the past 45 years, as you know, and most prominently, most importantly, reaffirmed in Planned Parenthood v. Casey in 1992. And as you well recall, senator, I know when that case came up, the Supreme Court did not just reaffirm it in passing. The court specifically went through all the factors of stare decisis in considering whether to overrule it, and the joint opinion of Justice Kennedy, Justice O’Connor and Justice Souter, at great length went through those factors. That was the question presented in the case.

ACB:

Barrett said that if a question about overturning Roe or Casey or any other case comes before her, “I will follow the law of stare decisis, applying it as the court is articulating it, applying all the factors, reliance, workability, being undermined by later facts in law, just all the standard factors. And I promise to do that for any issue that comes up, abortion or anything else. I’ll follow the law.”

Under questioning from Democratic Sen. Amy Klobuchar, Barrett said she did not consider Roe v. Wade to be a “super precedent,” at least not according to her definition of it as “cases that are so well settled that no political actors and no people seriously push for their overruling.”

“And I’m answering a lot of questions about Roe, which I think indicates that Roe doesn’t fall in that category,” Barrett said. “And scholars across the spectrum say that doesn’t mean that Roe should be overruled, but descriptively, it does mean that it’s not a case that everyone has accepted and doesn’t call for its overruling.”

So naturally, it was untouched right?

The court voted 5-4, largely along party lines, to overturn Roe and 6-3, in the case of Dobbs v. Jackson Women's Health Organization, which involved Mississippi's ban on abortions after 15 weeks of pregnancy.

https://www.factcheck.org/2022/05/what-gorsuch-kavanaugh-and-barrett-said-about-roe-at-confirmation-hearings/

It’s almost like they’re all fucking liars who only act in bad faith