Quoted: Can somebody tell me how one judge can reverse a decision if no challenging case is being considered by the court? Or is all this a bunch of crap with absolutely no merit?
|
He can't. However, regardless of what you think about abortion,
Roe is the gravest insult ever visited upon legal reasoning and the English language. I give you my word, it is the absolute worst piece of legal "reasoning" I have ever encountered, and I have litigated against malignant dishonest asshats of all shapes and sizes. It was also overtaken by medical science before the ink was dry on the first printing of the opinion. There are plenty of reasons unrelated to the basic "pro-life/pro-choice" dichotomy for revisiting it and essentially superseding it. Basically, a coalition of religious rightists and honest Satan-worshipping Communists could very easily unravel the whole thing, using
its own text and "rationale" to restrict abortions after the first X weeks to situations where the alternative was death or grave disability of the mother.
Hence, they ask for allegiance to
Roe, which has been turned by subsequent decisional law into a blanket guarantee of abortion on demand, rather than for allegiance to the principle of Constitutional privacy on which
Roe pretends to hang.
Statements after "He can't" are just my opinion. YMMV.