Subscribe via RSS Feed

Bork Myth Addendum

[ 6 ] August 28, 2008 |

A commenter spotted this howler from Rosen’s article:

In every presidential election from 1988 to 2004, the court had a six-justice majority in favor of upholding Roe v. Wade.

Is this why Rosen thinks that Kennedy was “distorting” the effects of confirming Bork? At any rate, this is wrong. In the 1992 election, there were 4 unambiguous anti-Roe votes: Scalia, Rehnquist, White, and Thomas. Indeed, pro-choice litigators pressed Casey in 1992 in part because they wanted any overruling to come before an election, and Kennedy’s position was unclear. Had Bork been confirmed, of course, Roe would have been overruled. And it is unlikely that Roe would have survived a GOP win in 1992. Hopefully the Times will print a correction…

Comments (6)

Trackback URL | Comments RSS Feed

  1. John says:

    Well…if Bork is confirmed, it’s possible that Thomas isn’t – the Democrats might fight harder against him. On the other hand, it’s also quite possible that Bush appoints someone more conservative than Souter when Brennan retires.

  2. John says:

    Well…if Bork is confirmed, it’s possible that Thomas isn’t – the Democrats might fight harder against him. On the other hand, it’s also quite possible that Bush appoints someone more conservative than Souter when Brennan retires.

  3. John says:

    Well…if Bork is confirmed, it’s possible that Thomas isn’t – the Democrats might fight harder against him. On the other hand, it’s also quite possible that Bush appoints someone more conservative than Souter when Brennan retires.

  4. dan says:

    It is oddly pleasurable to have a blog comment noticed and referenced in a post. I swoon.

  5. dan says:

    It is oddly pleasurable to have a blog comment noticed and referenced in a post. I swoon.

  6. dan says:

    It is oddly pleasurable to have a blog comment noticed and referenced in a post. I swoon.

Leave a Reply




If you want a picture to show with your comment, go get a Gravatar.

  • Switch to our mobile site