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Wednesday, November 7, 2012

The future of the Supreme Court

President Obama has been re-elected, and while many pro-life groups are disappointed, no one is calling it quits.  The pro-life movement has made many gains in the last four years, and we will make many in the next four.  For the most part, our struggle is a grassroots, local effort; having a pro-life president is a plus, but not a necessity.

The president's greatest impact on abortion issues is in the area of Supreme Court nominations.  A Romney presidency would have meant more pro-life Justices, and a possible overturning of Roe v. Wade.  Under President Obama, what is likely to happen in the next four years?

It all depends on who dies or retires.

Four current Justices--Scalia, Thomas, Roberts, and Alito-- believe that the Constitution leaves the abortion issue up to the states, which makes Roe v. Wade bad law.  None of them would dream of resigning while Obama is in office.  But if one of them dies in the next four years, Obama will undoubtedly replace him with a solidly pro-abortion Justice.  In January of 2016, when Obama's successor enters the White House, Scalia will be 79 years old; thus far, however, he has enjoyed good health.  Thomas will be 67, Roberts 60, and Alito 65. 

Justice Kennedy is in the mushy middle.  He wrote the majority opinion in the case that upheld the partial-birth abortion ban, and infuriated abortion supporters by acknowledging affidavits from regretful post-abortive women.  But he also helped write the lead opinion in Planned Parenthood v. Casey, where the Court had the opportunity to overturn Roe but declined to do so.  He will be 79 in January of 2016.

Finally, there are four Justices who are committed to maintaining or expanding Roe v. Wade.  An Obama replacement for any of these Justices will simply keep the status quo.  These include his two earlier appointments, Kagan and Sotomayor, who are young, in good health, and have no reason to retire.  Justice Breyer will be 77 years old in January of 2016.  Justice Ruth Bader Ginsburg is the oldest member of the Court, and has suffered from numerous health problems, including pancreatic cancer.  With Obama's re-election, there are indications that she will retire some time before 2016.

7 comments:

156 said...

"A Romney presidency would have meant more pro-life Justices..."

How do you figure? Reagan's justices ended up being two pro-Roe, one anti-Roe, and he was much more solidly pro-life than Romney. George H. W. Bush's nominees ended up one and one. If a simple majority of the Reagan-GHW Bush nominees had been anti-Roe (three out of five rather than two out of five), Roe would have been overturned in 1992.

156 said...

"...Scalia, Thomas, Roberts, and Alito...believe that the Constitution leaves the abortion issue up to the states..."

How can you reconcile this assertion with Alito's vote on Blackwell v. Knoll?

156 said...

"Justice Kennedy is in the mushy middle. He wrote the majority opinion in the case that upheld the partial-birth abortion ban..."

How does a judicial decision in favor of a partial-birth abortion law indicate moderation? Did the partial-birth abortion ban save any babies?

156 said...

"An Obama replacement for any of these Justices will simply keep the status quo."

Yes, except that he will replace old justices with younger ones. That will give them the longevity to serve through any future Republican presidencies. Realistically, the strategy of overturning Roe v. Wade in its entirety by electing presidents who will nominate anti-Roe justices will not begin to work for at least another generation. Even then, we would need to pass laws in the states -- which would have mixed success. Even when we did pass pro-life laws in states, they would be of limited effectiveness.

VAprochoiceLIBERALdemocrat said...

Pro-life Republicans will have to make up some kind of excuse to impeach Obama the way they did with Clinton. It's the only way they can get what they want. They sure as heck can't get it from winning elections.

Lee Roberts said...

Hey everyone! I came across this filmmaker, Kenneth DelVechio, and think that his new documentary sends the message that we are all looking to send. Here is some information:

From the Mind of Controversial Filmmaker and

Best Selling Novelists

Kenneth DelVechio



THE LIFE ZONE



Will be release on VOD on December 4, 2012

DVD available on December 11, 2012



Controversial filmmaker, bestselling author and former judge, Kenneth DelVecchio’s pro-life thriller, THE LIFE ZONE will be available on December 4, 2012 on VOD (DVD available on December 11, 2012).



THE LIFE ZONE follows three women have been kidnapped from abortion clinics and held for seven months – until they all give birth. Cutting right down the middle of the hotly debated issue, THE LIFE ZONE examines the topic of abortion from both sides but, as The Los Angeles Times reports, The Life Zone is“a psychological thriller bringing an emphatically anti-abortion slant to the hot-button issue.” “The Colbert Report”adds, “Just like all great horror films, Del Vecchio’s movie has a shocking twist.” And Newsweek/The Daily Beast headlined with “The Life Zone has caused an uproar”.



The movie stars Robert Loggia (Academy Award nominee; Scarface, Big), Lindsey Haun (Broken Bridges, True Blood), Martin Kove (The Karate Kid; Rambo), and Blanche Baker (Emmy winner; Sixteen Candles).



SEE TRAILER HERE: http://www.justiceforallproductions.com/lifezone.php



YOUR COVERAGE IS APPRECIATED. REVIEW SCREENERS ARE AVAILIBLE



Kenneth Del Vecchio (writer/producer) is a critically acclaimed writer/director/producer of over 15 feature films: The Great Fight, The Life Zone, An Affirmative Act, Scavenger Killers, iMurders, Kinky Killers, The Grand Theft, Fake, Snapshot, O.B.A.M Nude, Three Chris's The Drum Beats Twice, Pride & Loyalty, Alone in the Dark 2 , Tinsel Town, Rules For Men, The Crimson Mask, and Here and There. Author - Best-selling author of national criminal codebook, Code of Criminal Justice: A Practical Guide to the Penal Statutes(Prentice Hall), New Jersey Code of Criminal Justice (New Jersey Law Journal Books), Test Prep Guide to Accompany New Jersey Code of Criminal Justice (New Jersey Law Journal Books), New York Code of Criminal Justice(Prentice Hall) and upcoming works. Novelist - Penned three published fiction novels: The Great Heist (Transit Publishing, 2011, Pride & Loyalty (Bestseller - Commonwealth Publications, 1997), Revelation in the Wilderness (Celebrity Author Contract -Authorhouse, 2000). He is also founder and chairman of Hoboken International Film Festival and publisher of the New Jersey’s daily newspaper, Garden State Journal. He is a Criminal Law Instructor – and owner of The Criminal Law Learning Center and has taught criminal law to over 1,000 police officers and attorneys. As an attorney he has tried over 400 cases and was one of the youngest judges in state history. www.JusticeForAllProductions.com. For more information about Kenneth Del Vecchio, including critical reviews, please visitwww.justiceforallproductions.com and www.hobokeninternationalfilmfestival.com.

To speak with Mr. Del Vecchio please contact

Springer Associates PR / Joe Trentacosta at 212 354 4660/ joe@springerassociatespr.com

Robert Galinsky said...

We are so excited to present you this press
release for the new groundbreaking film: The Life Zone! We feel you this would
be compelling content for your audience and would love for you to post the
information on your site AND if you’re interested in interviewing the film
maker for your blog, please let me know. We can set up an interview asap.







springerassociatespr

1501
Broadway I Suite 506 I NYC I 10036 I (212) 354 4660

Press
Contact: Joe Trentacosta/ joe@springerassociatespr.com

For Immediate Release:

From
the Mind of Controversial Filmmaker and

Best
Selling Novelists

Kenneth
DelVechio

THE
LIFE ZONE

Will
be release on VOD on December 4, 2012

DVD
available on December 11, 2012

Controversial filmmaker, bestselling
author and former judge, Kenneth DelVecchio’s pro-life thriller, THE
LIFE ZONE will be available on December 4, 2012 on VOD (DVD
available on December 11, 2012).

THE LIFE ZONE follows three women have been kidnapped from abortion
clinics and held for seven months – until they all give birth. Cutting right
down the middle of the hotly debated issue, THE LIFE ZONE examines
the topic of abortion from both sides but, as The Los Angeles Times reports, The
Life Zone is“a psychological thriller bringing an emphatically
anti-abortion slant to the hot-button issue.”“The Colbert Report”adds,
“Just like all great horror films, Del Vecchio’s movie has a shocking twist.”
And Newsweek/The Daily Beast headlined with “The Life Zone
has caused an uproar”.

The movie stars Robert
Loggia (Academy Award nominee; Scarface, Big), Lindsey
Haun (Broken Bridges, True Blood), Martin
Kove (The Karate Kid; Rambo), and Blanche Baker (Emmy
winner; Sixteen Candles).



SEE TRAILER HERE: http://www.justiceforallproductions.com/lifezone.php

YOUR COVERAGE IS APPRECIATED. REVIEW
SCREENERS ARE AVAILIBLE

Kenneth Del Vecchio (writer/producer) is a critically acclaimed
writer/director/producer of over 15 feature films: The Great Fight, The
Life Zone, An Affirmative Act, Scavenger Killers, iMurders, Kinky Killers,
The Grand Theft, Fake, Snapshot, O.B.A.M Nude, Three Chris's The Drum
Beats Twice, Pride & Loyalty, Alone in the Dark 2 , Tinsel Town, Rules
For Men, The Crimson Mask, and Here and There.
Author - Best-selling author of national criminal codebook, Code
of Criminal Justice: A Practical Guide to the Penal Statutes(Prentice Hall), New
Jersey Code of Criminal Justice (New Jersey Law Journal Books), Test
Prep Guide to Accompany New Jersey Code of Criminal Justice (New
Jersey Law Journal Books), New York Code of Criminal Justice(Prentice
Hall) and upcoming works. Novelist - Penned three published fiction
novels: The Great Heist (Transit Publishing, 2011, Pride
& Loyalty (Bestseller - Commonwealth Publications, 1997), Revelation
in the Wilderness (Celebrity Author Contract -Authorhouse, 2000). He
is also founder and chairman of Hoboken International Film Festival and
publisher of the New Jersey’s daily newspaper, Garden State Journal. He is a Criminal Law
Instructor – and owner of The Criminal Law Learning Center and has taught
criminal law to over 1,000 police officers and attorneys. As an attorney he has
tried over 400 cases and was one of the youngest judges in state history. www.JusticeForAllProductions.com. For
more information about Kenneth Del Vecchio, including critical reviews, please
visitwww.justiceforallproductions.com and www.hobokeninternationalfilmfestival.com.

To
speak with Mr. Del Vecchio please contact

Springer
Associates PR / Joe Trentacosta at 212 354 4660/ joe@springerassociatespr.com