nobhdy
I strongly feel that that fear is unfounded. Being well-versed in constitutional law, I really don't think that it can be, regardless of people's personal beliefs. That is not grounds for overturning a supreme court precedent. Come on, can you imagine the majority opinion that they would write?
Chief Justice Roberts: "I am overturning Roe v Wade not on account of legal standards or even stare decisis, but rather strictly on the grounds that I believe it is wrong"
Goddamn. I wish people would stop saying that. They decide cases based on law, not on belief. Its the supreme court, for God's sake.
Okay, then there are some cases - off the top of my head - which really need to be explained to me if the Supreme Court doesn't overturn precedent based on belief, some of which are incredibly pertinent to this debate:
Casey v. Planned ParenthoodLawrence v. TexasBrown v. Board of Ed.Bush v. GoreOr, heck, why don't we just pick a case at random from the sordid history of 4th Amendment search and seizure jurisprudence. I'm trying to think of a
single thing which the Rehnquist court didn't screw around with (and of course, a fair bit of what they were screwing around with was more-or-less created out of near-thin air under the Warren court).
And anyway, everybody knows that cases are rarely overturned out of the blue. SCOTUS almost always leads up to it through a series of cases which erode the undesired precedent's legal underpinnings before finally overturning the problematic case. That was how
Roe was built up, and if they ever overturn it that's how it's going to be torn down.
The Supreme Court has always paid a lot of lip service to stare decisis, but I've rarely seen it hold people back when they wanted something overturned, and even when it did hold people back stare decisis usually rated only a concurrence.
I agree that they're probably not going to overturn
Roe yet, but I disagree with the reason you've given. I think they're not going to overturn
Roe because they don't
need to overturn it -
Roe was basically gutted by
Casey, anyway. They just need to stick with
Casey and keep determining that any of the various things states try to do don't create "undue burdens".