Open Thread: Options for overturning Roe v. Wade in our legal framework
Sotomayor said yesterday when asked about her thoughts on Roe v. Wade that the question of abortion was “settled law.” This is not much different from what Justices Alito and Roberts answered during their hearings with regard to Roe v. Wade when they cited their respect for precedence. It is understandable that all of them would answer the question in the same way if they want to be nominated regardless of their personal thoughts on abortion. Thus, here is my question (and my struggle): if our legal system, that is based on the common law model that relies heavily on precedence, has ratified the “right to privacy” as constitutional twice (Roe v. Wade and Planned Parenthood v. Casey), then what are our realistic solutions to overturn abortion rights in this legal framework? In other words, if an abortion case were to be heard by the Supreme court and a majority were to ignore the preceding decisions on the matter and overturn Roe v. Wade, how can the majority of justices justify their decision? Or instead of overturning Roe v. Wade, how could they (given the preceding decisions) push the decision on state courts?
I ask the question, because I acknowledge that there is a legal framework that we have to abide by in this country and that is the same framework that (you could say, unfortunately in this case) we have to work with. What are our options that are workable within our legal system?