Toobin Looks at a McCain Court
by Scott Swenson, RH Reality Check
May 12, 2008 - 4:04pm (Print)
Geraldine Ferraro may think it's "too late to worry" about the make-up of the Supreme Court and petty things like individual rights and liberties, but noted Supreme Court expert and author Jeffrey Toobin disagrees. Rachel Sklar gets the scoop in an interview with Toobin on HuffPo today. The short interview is well worth the read, but here's the crux:
Let's say McCain is elected, and bench turnover ensues. How long would it take, in your expert opinion, for Roe to be overturned? I mean, surely there are people planning for this!
I don't think the current Court will overturn Roe. Since Kennedy wrote much of Casey in 1992, I don't think he will simply walk away from it. But it will not take long if there is another Republican appointee. A state will pass a total abortion ban, and it will be challenged. That case will maybe take a year to get to the Court — which will, I think, uphold such a law.
Memo to Fox News Analyst Geraldine Ferraro, the Supreme Court matters now more than ever.
