Pro-aborts are bantering a new theory: that the U.S. Supreme Court is awaiting the election of a Democrat president to “throw a wrench into the plans of a new administration” by overturning Roe v. Wade.
That theory relies on another theory that Justice Anthony Kennedy has converted from being “tepidly pro-choice” to pro-life over the course of time. Roe was decided in 1973. Kennedy came onto the Supreme Court in 1988 and was initially considered an anti-Roe vote. Then came 1992, as CNN reported in 2004:
As lawyers and court watchers have long suspected, the Supreme Court was ready to effectively overturn the landmark Roe v. Wade ruling legalizing abortion in 1992, but Justice Anthony M. Kennedy got cold feet, and the vote went the other way….
Internal notes in the papers of late Justice Harry Blackmun reveal the secretive dealings that led to the court’s ruling in Planned Parenthood v. Casey….
Blackmun’s notes show that Chief Justice William Rehnquist led a 5-justice majority to overrule Roe. Four other justices voting with Rehnquist were Byron White, Antonin Scalia, Clarence Thomas and Kennedy. Rehnquist himself was to write the majority opinion.
Unbeknownst to him, Kennedy was having second thoughts, and agreed with Justices Sandra Day O’Connor and David Souter, to a compromise position.
The Casey ruling carved out a middle ground that upheld a woman’s right to abortion largely free from state regulation.
The case was argued in April and Rehnquist was at work on his majority ruling, when Kennedy sent a note to Blackmun….
“I need to see you as soon as you have a few moments,” the note read. “I want to tell you about a new development in Planned Parenthood v. Casey. It should come as welcome news.”
Blackmun picked up a pink memo pad and scribbled, “Roe Sound”….
Has Kennedy acquired Catholic guilt, his supposed faith? Kay Steiger at RH Reality Check doesn’t speculate on motives but does speculate on a possible change of heart. Seems far-fetched to me but is pleasant to ponder…
This theory would also elevate the importance of the CO personhood and SD abortion ban referendums. These would potentially be Roe decision triggers that cautious pro-life wisdom has considered imprudent to bring forth now.