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...could end up with a shocker that you have to live with for the next 20 years," says Kelly Shackelford, chief counsel for the conservative Liberty Legal Institute. Shackelford likes long-serving federal-district-court judges such as Emilio Garza of San Antonio, Texas, who has suggested he would overturn abortion rights, or Edith Jones of New Orleans, who has criticized Roe v. Wade. Plus, Shackelford says, because Garza would be the first Hispanic on the court, it would be tricky for Democrats to go after...

Author: /time Magazine | Title: The Tipping Point? | 7/3/2005 | See Source »

...Wade, for example, she voted to support an Ohio law requiring a 24-hour waiting period for women who want to have abortions. In her minority opinion, she pleased conservatives by writing that Roe as written was on shaky ground. But she didn't say it should be overturned. In a 1989 case she explicitly rejected an attempt to overturn Roe, but said restrictions on abortion were fine as long as they didn't place an undue burden on the right to choice. And most important, in 1992, that "undue burden" test became the court's yardstick for measuring abortion...

Author: /time Magazine | Title: The Power Broker | 7/3/2005 | See Source »

...away at a woman's right to abortion. With Supreme Court Justice Sandra Day O'Connor's retirement, it would probably take only the departure of one of the court's four remaining moderate-to-liberal members--most likely John Paul Stevens, 85, or Ruth Bader Ginsburg, 72--to overturn Roe v. Wade, which established abortion rights nationwide, or the court's more recent precedent, 1992's Planned Parenthood v. Casey. The more pressing matter of late-term-abortion bans is sure to come before the court soon. In 2000 the court ruled 5-4 that a Nebraska...

Author: /time Magazine | Title: What's at Stake in The Fight | 7/3/2005 | See Source »

...states, but before long the 1996 federal Defense of Marriage Act, which lets states refuse to recognize other states' same-sex marriages, could make its way to the Supreme Court. If by then another moderate-to-liberal Justice has been replaced by a conservative, the court could conceivably overturn the sodomy case and the 1996 decision that outlawed a Colorado constitutional provision banning anti-discrimination statutes based on sexual orientation. And although it refused to take up the issue earlier this year, the court may also one day consider state laws preventing gays and lesbians from adopting children...

Author: /time Magazine | Title: What's at Stake in The Fight | 7/3/2005 | See Source »

With the court's recent decision that federal drug laws override Oregon's statute allowing marijuana use for medical purposes, the states'-rights revolution that many conservatives have trumpeted over the past decade has lost some momentum. But that doesn't mean the movement that helped overturn the Gun Free School Zones Act, part of the Violence Against Women Act and portions of the Americans with Disabilities Act is finished. Other cases that the court will deal with in the near future concern federal authority over homemade machine guns and possession of child pornography...

Author: /time Magazine | Title: What's at Stake in The Fight | 7/3/2005 | See Source »

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