Roe v. Wade

Will Roe v. Wade be overturned? This is the key to Roberts’ tenure on the bench. Personally, his conservative leanings would suggest Roe is dead in the water, but not so fast. Roberts also has a strong belief in upholding landmark cases that have set precedent for an area of law. Obviously, Roe is such a case. Nobody can predict what he will do, but we can predict that the choice will shape his future on the bench.

If Roberts votes to overturn Roe, we will see a complete re-writing of all the landmark cases. By voting to overturn, Roberts will position himself solidly with the conservative Justices on the court. Everything will be open game and the legal landscape will change dramatically.

If Roberts votes to uphold Roe, you can expect the conservative Justices to remain the minority for the foreseeable future. This prediction has everything to do with Justice Scalia.

Although championed by conservative groups, those in legal circles know that no single person has been a bigger obstacle for the conservative movement on the bench. The problem, quite simply, is Scalia is a jerk. He has a very bad habit of personally attacking other Justices in written opinions when they don’t agree with him. Justices O’Connor, Kennedy and Sauter were all supposed to be conservatives, but became moderates on the bench. The generally agreed cause is the personal attacks Scalia let fly in his dissents. Kennedy, in particular, is known to bristle at the mention of Scalia. Though they issue denials, it is well known that many Justices are not on speaking terms with Scalia. If you would like to learn more on the division, pick up a copy of “A Court Divided: The Rehnquist Court and the Future of Constitutional Law.”

If Scalia personally attacks Roberts in written opinions, human nature suggests Roberts will move towards the middle. Scalia will do just such a thing should Roberts vote to uphold Roe. In short, it all comes down to Roberts’ decision on Roe v. Wade.

One way or another, the Supreme Court is about to come front and center in the public eye. Within the next five years, we should see at least two more Justices, Rehnquist and Stevens, leave the bench. Once they retire, the court should remain stable for at least ten years. If only we knew how they would rule!

Richard Chapo is with http://www.SanDiegoBusinessLawFirm.com - a firm providing legal advice to California businesses. Visit http://www.sandiegobusinesslawfirm.com/business_law_articles to read more legal articles.

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