Lv 7
BOOM asked in Politics & GovernmentGovernment · 9 years ago

When GOP controlled the house, senate, white house AND supreme court, why didn't they overturn roe v wade?

They had their chance when Bush was in the White House, so why didn't they?


Patrick, I don't think you read or understood the question, They had the power to bring the case back before the US Supreme Court again and get roe v wade overturned. They had the power to make a considerable push to amend the US Constitution with a ban on abortion, but didn't. The fact that roe v wade went before the supreme court initially, makes it a federal issue, not a state one.

4 Answers

  • Mark
    Lv 7
    9 years ago
    Favorite Answer

    Justice Kennedy "flip-flopped" on the issue of abortion.

    Contrary to what you may think, not every Republican appointee to the Court (during 1981-1992) was selected because of their views on abortion. O'Connor, Kennedy, Souter, and Thomas were not selected because of their views on that issue. Thomas HAPPENED to be anti-Roe, but that wasn't the reason he was appointed. Kennedy appeared to be anti-Roe with his very first vote in 1989, but then 3 years later, he flipped. If you have any doubts about that, see Mark Tushnet's book, published 2005, entitled "A Court Divided," and in particular see Chapter Eight, starting on page 204.

    It specifically says, on page 216, "At the end of the Court's term, the law clerks staged a skit and used the theme from the television program *Flipper* as Kennedy's signature song."

    The simple fact is that none of the Supreme Court Justices are under the control of the President who appointed them, nor the members of the Senate who confirmed their appointments. The Justices truly are independent. That IS the way it's supposed to be.

    Roe v. Wade SHOULD be overturned, but the only way it's going to happen is if Justices get appointed for the right reasons, and the right reasons are those stated by Reagan on July 1, 1987, when Reagan announced he was going to nominate Robert Bork for the vacant seat on the Court at that time (the seat then ended up going to Kennedy, who obviously doesn't have the same philosophy of constitutional interpretation that Bork did.)

  • 9 years ago

    They didn't "control" the Supreme Court when Bush was in office. There were 4 liberals, 4 conservatives, and 1 swing judge.

    As for them controlling the House, Senate, and the White House, that is irrelevant in the realm of Supreme Court issues, since only they can overturn those rulings. And they don't just haphazardly hear cases just because they are politically charged or important to a certain voting bloc.

  • 9 years ago

    They can't do it. Roe V. Wade is a supreme court ruling that says the right to an abortion is protected by the 4th amendment. It's not a law. They would have try to amend the Constitution to overturn it. As for the Supreme Court somebody would have to bring a case to them for them to overturn it.

  • 9 years ago

    Murder isn't a federal issue. It is a state one. The GOP understands the 10th ammendment better than the democrats.

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