ROE v WADE CAN NEVER BE “LEGALLY” OVERTURNED

rvwANY politician who says that whether or not the decision, in Roe v Wade, stands is contingent on any judicial appointment is either lying  or ignorant of the US Constitution and the dynamics of our system of government.

ANY judge or judicial nominee who entertains the question of overturning that or any other United States Supreme Court decision is unfit to sit on any judicial bench.

The US Supreme Court (scotus) is an appellate court; except in cases the United States Constitution instructs it to exercise original jurisdiction.  The Constitution vests all judicial power in the scotus, which empowers it to reexamine and reverse or affirm the decisions of inferior courts; but not itself. There is no constitutional or legislative provision for the scotus to overturn its own decision.

Roe v Wade was an appellate court case; and the decision in that case; albeit fundamentally flawed (THERE IS BUT ONE CORRECT ANSWER ON ROE v WADE), is final and binding; but only on the parties to that case.

Under Article III of the United States Constitution courts decide cases based on the law as it is; not as the court feels it should be. While the Roe decision may inform future court decisions, it is not a law; only congress can make law. So any question as to the sanctity of rights established by that, or any other supreme court decision is absurd; also, the judiciary does not establish rights. Nothing in the US Constitution or The Judiciary Act empowers the scotus to “establish rights”.

Anyone who advocates overturning Roe v Wade or warns of the loss of rights if Roe v Wade were overturned is either demonstrating their ignorance or exploiting yours.

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