Word: roe
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...William J. Brennan, one of the most resolute members of the court's dwindling liberal minority, Bush thought, or at least hoped, that he would be getting a consistently right-leaning justice. What he got instead was a man who helped produce the 5-4 majority that upheld Roe v. Wade in 1992, who frequently ruled in favor of the rights of the accused in criminal cases, who supported gay rights and opposed school prayer. As a nominee Souter had the strong support of Bush's White House chief of staff John Sununu, who would assure his fellow conservatives that...
...That's one reason the U.S. occasionally finds itself threatening the right of women to control their reproductive decisions: Roe v. Wade was a court ruling, not the vote of an elected body, and so the vote of one new Supreme Court justice-a single person-could undo it. Unjust as it may seem, abortion rights in this country will always be tainted with Roe's undemocratic blemish. (See TIME's graphic "New Fronts in the Abortion Battle...
...that the society has a moral obligation to restrain. That moral obligation may weigh heavily upon the voter, and upon the legislator who enacts the laws; but a judge, I think, bears no moral guilt for the laws society has failed to enact," he wrote. "Thus, my difficulty with Roe v. Wade is a legal rather than a moral one ... [I]f a state were to permit abortion on demand, I would - and could in good conscience - vote against an attempt to invalidate that law for the same reason that I vote against the invalidation of laws that forbid abortion...
...fact that the Constitution in Article VI puts religious belief off-limits for selection or qualification for office, including judicial office? In particular, precisely what is a Catholic jurist to do when confronted with the application of laws restricting abortion that, as interpreted by the courts in rulings like Roe v. Wade, would be unconstitutional? If a Catholic judge invalidated laws restricting abortion in conformity with the constitutional precedent, he or she would presumably be cooperating with the evil of abortion. On the other hand, if a Catholic judge ignored the precedent - perhaps seeking to avoid Church sanction, such...
...Freedom of Choice Act was introduced in the 108th and 110th Congresses (from 2003 to '05 and '07 to '09, respectively) by Representative Jerold Nadler, a New York Democrat. It was developed at a time when the future of Roe was in doubt because it was unclear if George W. Bush would have the opportunity to appoint another justice to the Supreme Court. But FOCA had a hard time gaining traction - even under Democratic control of Congress, the bill not only was never voted on but never made it out of committee. And now abortion-rights advocates are breathing easier...