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Mississippi Abortion Case – Roe v. Wade’s Flight 93 Oral Argument For Sotomayor, Breyer, Kagan
Sotomayor seemed desperate: “Will this institution survive the stench that this creates in the public perception that the Constitution and its reading are just political acts?” //
Three questions were presented in the Petition for a Writ of Certriorari, but the court granted review only on the first question:
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Whether all pre-viability prohibitions on elective abortions are unconstitutional.
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Whether the validity of a pre-viability law that protects women’s health, the dignity of unborn children, and the integrity of the medical profession and society should be analyzed under Casey’s “undue burden” standard or Hellerstedt’s balancing of benefits and burdens.
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Whether abortion providers have third-party standing to invalidate a law that protects women’s health from the dangers of late-term abortions.
That question, particularly to the exclusion of the others, seemed to be a signal that Roe v. Wade, which rested on viability, was on the table: //
Will this institution survive the stench that this creates in the public perception that the Constitution and its reading are just political acts?
The problem, of course, is that Roe v. Wade always was an exercise of political compromise, a compromise that never had clear popular support.
And the “stench” of politics has been injected into the system by those who support Roe v. Wade, starting with the disgusting treatment of Republican nominees from Robert Bork to Brett Kavanaugh. Every time a Republican makes a Supreme Court nomination, Democrats demand to know the nominee’s position on Roe v. Wade, it’s the central issue during hearings, media coverage, and protests.
