Word: roe
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...high-court nominees. And if Sandra Day O'Connor should also retire this year, the struggle over her replacement could be judicial Armageddon, because O'Connor and Anthony Kennedy have been the court's crucial swing votes. If Bush could replace her with a more consistent conservative, Roe v. Wade itself would be in jeopardy...
...There is also a consensus on abortion: tolerable during the first few months of pregnancy but with severe limits after that. In fact, the rationale for Roe v. Wade-the right to privacy-was cited in the gay-rights decision. That the court's controversial abortion decision is now being used as a template for privacy cases is remarkable. It means that Roe is probably settled for the foreseeable future...
...what's the problem with unassuming Al? Pro-life advocates believe that if the right jurist replaces either O'Connor or Stevens, the court will finally have a chance to overturn Roe v. Wade, the 1973 ruling that established the right to have an abortion. Though Gonzales' views on the matter are not known, opponents cite his vote--and the concurring opinion he wrote--as a Texas Supreme Court judge allowing a girl to use a bypass provision of a state parental notification to get an abortion. "Pro-life conservatives will oppose him for that," says Terry Jeffrey, editor...
...House filed a Supreme Court brief opposing the University of Michigan's admissions program but did not push to end affirmative action outright. And Gonzales did not help himself with a speech to a group of Evangelical leaders last year in which he did not strongly call for reversing Roe. The rock ribbed just find him squishy. "He is the counsel to a conservative President rather than a conservative counsel to the President," says Clint Bolick, vice president of the libertarian Institute for Justice...
...Tuesday. Then Thursday, the Judiciary Committee is scheduled to vote on Carolyn Kuhl, whom George Bush wants to seat on the appellate court in California. As a Reagan administration lawyer, Kuhl argued hard for tax-exempt status for the racially discriminatory Bob Jones University, and for the reversal of Roe v. Wade. Sutton and Kuhl have run up against heavy Democratic opposition, and the Dems have filibustered another appellate nominee, Miguel Estrada, for nearly two months, blocking an up-or-down vote...