Saturday, November 06, 2004

Overturning Roe

Since it looks likely that Bush will have at least two Supreme Court appointments to make in the next four years, conventional wisdom says that this would probably be enough to be able to overturn Roe v. Wade. However, take a look at what Charles Fried said in this article:

But some conservative legal experts say Roe has been on the books so long — more than three decades — that it's settled law, unlikely to be overturned.

Charles Fried, who as solicitor general during the Reagan administration twice tried to get Roe overruled, told a legal forum just last year that it's here to stay.

"I think the issue is off the table and it's irresponsible to try and put it back on," said Fried.

While I am unsure of whether it would be irresponsible to rehash any constitutional issue, I tend to agree that it would be unlikely for the Court to overturn Roe at this point.