If SCOTUS overturns Roe, how soon until a Blue MAGA challenge to Dobbs v. Jackson Women's Health Organization makes it to the High Court
By HatetheSwamp May 6, 2022 10:07 am Category: Law (0.0 from 0 votes)
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As I said in another thread, if, in fact, some edited version of the leaked Alito opinion becomes the Court’s decision on the Mississippi, Dobbs v. Jackson Women's Health Organization case, that decision will not become a "Super Precedent," or a decision that would never be reversed.
Amy Coney Barrett used the term "Super Precedent" during her Senate hearings. As I recall, she said that there may be four or five such decisions in the history of the Court, though I'm pretty sure she only mentioned two: Marbury v. Madison and Brown v. Board of Education.
Dems did everything they could to get Barrett to say whether or not Roe was, in her opinion, a Super Precedent. She didn't.
In any case, if the Court uses Dobbs to overturn Roe, Dobbs will not become unassailable.
One thing you progressives either don't know or choose to pretend away is that Ruth Bader Ginsberg thought that the Roe decision was a stinkin pile of poop.
Ginsberg believed that abortion should be legal but she hated Roe.
One thing to know from this is that she saw a path, through legitimate jurisprudence, to require that abortion be available apart from the inanity of Roe.
So, when will this happen?
I'm guessing that it will not be long.
Louisiana is considering a very strong anti abortion bill:
"Republicans in the Louisiana House advanced a bill Wednesday that would classify abortion as homicide and allow prosecutors to criminally charge patients, with supporters citing a draft opinion leaked this week showing the Supreme Court ready to overturn Roe v. Wade." See link.
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As I said in another thread, if, in fact, some edited version of the leaked Alito opinion becomes the Court’s decision on the Mississippi, Dobbs v. Jackson Women's Health Organization case, that decision will not become a "Super Precedent," or a decision that would never be reversed. 
