Christopher J. Scalia Profile picture
Senior Fellow, @AEI. Author, 13 NOVELS CONSERVATIVES WILL LOVE (BUT PROBABLY HAVEN'T READ), pub. 5/20 https://t.co/5ALQxzPvNE. Host @BackBookPod. +@AdeleScalia.

Aug 23, 2020, 5 tweets

One of the many frustrating aspects of French's argument is that even as he spends paragraphs discussing last term's case striking down a Louisiana statute regulating abortions, he suggests that overturning Roe is the only way SCOTUS could affect abortion law. 1/

That permits him to say that because only because 1 justice is on the record vs Roe, there’s no hope in overturning it. But as he says, the case under discussion *wasn't about overturning Roe* and came down to a bad opinion from Roberts (who reversed himself from ~2 yrs ago). 2/

In short, it's not all about Roe; other cases would impose modest restrictions on abortion, & it doesn’t take 4 new justices to make a difference on those. (And that’s just the Supreme Court—French doesn’t even mention the president’s power to appoint lower-court judges.) 3/

It's not useful to say that someone has blood on his hands for voting for one candidate or another. But I think French was closer to the truth when he understood that having “the most pro-abortion president in American history” made a difference. END
nationalreview.com/corner/obamas-…

* Correction: this should say "would *permit* modest restrictions..."

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