News Analysis: Justice Ginsburg's successor could push the Supreme Court to end abortion rights and Obamacare

Democrats could win the election and lose the Supreme Court for a generation

9/20/2020 2:13:00 PM

News Analysis: RBG's successor could push the Supreme Court to end abortion rights and Obamacare

Democrats could win the election and lose the Supreme Court for a generation

WASHINGTON — The death of liberal Justice Ruth Bader Ginsburg could allow legal conservatives to take full control of the Supreme Court for a decade or more, imposing a historic shift to the right with vast implications for U.S. jurisprudence and society at large.

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A conservative court could use its majority to overturn Roe vs. Wade, which guarantees a woman’s right to abortion, and strike down Obamacare and its promise of health insurance for millions, including those with preexisting conditions.A more conservative court would be likely to strike down affirmative action laws and many current gun control regulations, possibly including laws in California that limit the carrying of firearms in public or restrict the sale of semiautomatic rifles.

After decades of frequent 5-4 decisions that kept a relative balance in major court rulings, a decisive 6-3 conservative majority also could stand in the way of future progressive legislation from Congress.AdvertisementPresident Trump said Saturday he expects to nominate a new justice in the coming week to succeed Ginsburg and he indicated it would be another woman. He predicted the necessary Senate hearings and confirmation vote will go “very quickly,” although he did not offer a timeline.

If Democrats score big wins in November and capture the Senate, they are likely to press ahead in Congress with proposals to expand social programs and put new taxes and regulation on corporations and the wealthy.But even if passed into law, those measures will face legal challenges from the right.

In the past, it was often said the future of the Supreme Court depended on the outcome of the presidential election. The winner of White House would have four years to fill vacant seats on the court.AdvertisementBut in this presidential election year, conservatives could win a lock on the high court for a generation even if Trump is soundly defeated by Democratic nominee Joe Biden.

The outcome will turn on whether Senate Republicans will march in line behind Majority Leader Mitch McConnell (R-Ky.) to confirm a conservative jurist by the end of the year. That’s far from certain, but Trump is hoping to make it a reality.The high court now has five Republican appointees who lean right, and none appears likely to retire anytime soon. The youngest, Justice Neil M. Gorsuch, is 53, and the eldest, Justice Clarence Thomas, is 72.

Liberals breathed easier this summer when Chief Justice John G. Roberts Jr., who is 65, joined with Ginsburg and the court’s other liberals to strike down a Louisiana abortion law, to block Trump’s repeal of the Deferred Action for Childhood Arrivals program for young immigrants known as “Dreamers,” and to uphold rights for LGBTQ employees.

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AdvertisementIn doing so, the chief justice sent the message that he wanted to steer the court on a middle course and avoid a sharp turn to the right.That meant the retirement of moderate Justice Anthony M. Kennedy in July 2018, and the Senate confirmation three months later of the more conservative Justice Brett M. Kavanaugh, 55, have had little impact on the court’s direction so far.

But if Trump can replace the liberal Ginsburg with a solidly conservative jurist in her 40s, the court would have five reliably conservative votes without the chief justice.That would cast doubt on the future of Roe vs. Wade, the abortion ruling that has been a target of the conservative legal movement since the 1980s.

AdvertisementAt least half a dozen Republican-led states have adopted laws to ban some or nearly all abortions, hoping to force the more conservative Supreme Court to reconsider its precedent.So far those laws have been struck down or put on hold. But that could change at any time.

Trump has also put dozens of new conservatives on U.S. appeals courts, including in the South and the Midwest. If one of those courts were to uphold a state abortion ban, it would send the issue to the Supreme Court and force the justices to decide whether to uphold or strike down the right to abortion.

Ginsburg’s death has also raised new doubts about the future of the Affordable Care Act, or Obamacare, the most far-reaching social legislation in a generation. The high court’s conservatives fell one vote short in 2012 of striking down the law.Advertisement

On Nov. 10, a week after the election, the justices are scheduled to hear a constitutional challenge to the healthcare law that was widely seen as a long shot.A conservative judge in Texas and a 2-1 appeals court ruling in New Orleans adopted the notion that the entire law may be voided as unconstitutional because Congress in 2017 voted to eliminate the penalty for not having insurance.

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This was seen as a victory by conservatives, including Trump, because it effectively ended the much disputed “mandate” to have insurance.The challengers, including Trump’s lawyers, argue that the mandate was crucial to the law and that all of it — including the protections for people with preexisting conditions — must fall with it.

AdvertisementThe case is called California vs. Texas because California Atty. Gen. Xavier Becerra is leading the blue states’ defense of the law. The Trump administration has taken the side of the red-state challengers led by Texas.Until Friday, that challenge looked highly doubtful, since Chief Justice Roberts and the four liberal justices had voted twice to uphold the law.

But Ginsburg’s death could lead to a 4-4 split, which would have the effect of upholding the lower-court ruling.A more conservative court likely would also target some gun control laws.AdvertisementFor the last decade, the high court has said that Americans have a right to keep a gun at home for self-defense, but the justices have refused to go further and hear 2nd Amendment challenges to laws in California and elsewhere that limit the carrying of firearms in public or restrict the sale of semiautomatic rifles.

Four of the conservative justices have signaled they would like to hear challenges to those laws, but Roberts has balked.A strengthened conservative court could also put in jeopardy affirmative action policies in colleges and universities nationwide. This comes as California voters weigh Proposition 16 and decide whether to repeal the state’s 1996 ban on affirmative action.

Roberts has long believed the government may not use race as a factor for awarding benefits or making other decisions, including the drawing of electoral districts. He has not won a majority for that view, however.AdvertisementIn 2016, shortly after Justice Antonin Scalia died, Kennedy joined with the liberal justices to uphold an affirmative action policy at the University of Texas.

That defeat did not end the battle. The same challengers who sued Texas launched a lawsuit against Harvard University alleging its admissions office regularly discriminates against Asian American applicants. Read more: Los Angeles Times »

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Abortion isn't a 'right' found anywhere in the constitution. Voters & their representatives are to decide, not an activist court with an agenda. Disinvite John Cornyn to the Supreme Court party. Elect MJ Hegar for Texas Senate SupremeCourt RGBRevolution Stop the FAKE fear mongering. Amy barrett stated roe vs wade will not be overturned.

Hyperbole alter! Yes, ok, good. And there could be an alien invasion but that’s not likely either. KMConrad11 But if there is evidence that Kavanaugh lied to Congress, he can be impeached and off the bench. Something tells me Roberts and Gorsuch have more sense than that. They know this would literally throw the nation into chaos.

Roe vs Wade gives the federal government too much power over states. States will mostly chose to provide varying levels of abortive services. Very few will chose not to and even those will change in time. People freak out over nothing. Not Abortion but Federal Funded Abortion and YES!Obamacare. You can’t use tax money from people who are against abortion.

No abortion No affordable health care Trump is president for life That’s right Obamacare solved everything so why would we get rid of it....oh wait. Could, but most likely won't. Quit the hyperbole. They will never make abortion illegal. Let’s make women have babies and take away the means for paying for their healthy delivery. That’s Trump’s America? No. Please, Lord, no.

'We believe women have to carry all unwanted pregnancies to term, but we also aren't responsible for providing them access to affordable health care to make sure they get good medical care throughout their pregnancy bc socialism is bad.' That's some fucked up logic right there. Check out my Gig on Fiverr: Do You Want To create 3d Amazing Video Intro Logo Animation Video In $5 ? Contact Me : LogoAnimation MadeOnFiverr Top Logo Animation Best Logo Animation

🇷🇺The Russian Health Ministry reported on Sunday that the country had registered 6.148 new cases of COVID-19 during the last day. In the same period,there were 79 deaths from the coronavirus. 🔴30000 € Criminal complaint for continued police torture against the Spanish state.🇪🇸 Finally One can only hope 👍

Analysis: The cataclysm of 2020 just added a Supreme Court fightAnalysis: Most current voters have never been asked to select a president with so much on the line on so many fronts. - jonallendc jonallendc jonallendc 2016, morons. jonallendc HonorRBGDonateBlue HonorRBGVoteBlue DonateBlueForRBG VoteBlueForRBG

'I Dissent': Six books to read right now about Supreme Court Justice Ruth Bader GinsburgTo better understand and appreciate the life of the late Supreme Court Justice, look to one of these books written by or about Ruth Bader Ginsburg. RUTH Ruth Bader Ginsburg 1933-2020 RIP A great lady. When I heard of her passing I actually welled up a bit. That surprised me. I didn't know I cared so much about this fine woman.

Here’s Who Trump Might Nominate to Replace RBG on the Supreme CourtThe potential Supreme Court nominees on President Trump's shortlist tend to have several qualities in common: Many have links to the Federalist Society and hold socially-conservative views on issues like abortion and even access to contraception What a surprise! I’m shocked’ Click here to join Lawyers for Biden! So much is at stake.

Supreme Court Justice Ruth Bader Ginsburg dies, setting up nomination fightNPR reported that Ruth Bader Ginsburg dictated a statement to her granddaughter shortly before her death, in which she said: 'My most fervent wish is that I will not be replaced until a new president is installed.' 'The American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new president.” — Mitch McConnell, March 2016. Retweet over and over This is exactly why SCOTUS should not be a lifetime appointment. She had been incapable of doing her job for over a year. She was holding up a seat for political reason. What a pos she was. May her soul Rest In Peace

Mourners are holding a candlelight vigil outside of the Supreme CourtSupreme Court Justice Ruth Bader Ginsburg has died at the age of 87. Follow here as we remember the life of the second woman appointed to the bench. \n So much for social distancing. Guess we can all return to work, stadiums, restaurants, and malls, now!

How to help protect Ruth Bader Ginsburg's Supreme Court seat until the electionHere's how to take action and demand Ruth Bader Ginsburg's Supreme Court seat remains open Trump, you should fill this vacancy ASAP—BEFORE THE ELECTION. It is not “her seat” anymore.