mcnutt
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Post by mcnutt on Sept 2, 2016 16:32:45 GMT
Roe v Wade is overturned. The first POD is that after President Reagan appoints William Rehnquist Chief Justice in 1986,he appoints Robert Bork to replace Rehnquist as Associate Justice. Bork is narrowly confirmed by the Republican Senate. The second POD is the Reagan appoints Antonin Scalia to the Supreme Court in 1987. Just as OLT David Souter and Clarence Thomas get to the court as does the Casey vs Planned Parenthood case.OTL when Casey v Planned Parenthood was decided in 1992, the decision upheld both the Pennsylvania abortion restrictions but also preserved Roe v Wade. William Rehnquist,Byron White, Antonin Scalia and Clarence Thomas wrote concurring opinions calling for Roe to be overturned. ITTL with Robert Bork on the court there is anti Roe majority. After the decision is handed down, no state outlaws abortion but some state enact restrictions. Abortion become more difficult in much of America. The decision is unpopular. It helps the Democratic Party. Bill Clinton carries his OTL states plus Florida, Texas, Arizona and South Dakota. After Ruth Bader Ginsberg replaces Byron White the court once again has a pro choice majority. In the 1993 term they take up an abortion case. In January 1994, they hand down a decision that restores the constitutional right to abortion. There is another interesting potential POD in this scenario, If the stress of being on the Supreme Court does not have too much of an impact on Robert Bork's health. He was a smoker but he would be happier. I would after the end of this story have Stephen Breyer, John Roberts,Samuel Alito, Sonia Sotomeyer and Elena Kagan join the court just as OTL.Then if Bork still dies in December 2012, President Obama appoints Jennifer Granholm to replace him. Then we have a 5 - 4 liberal majority. In 2013 the court reaffirms the Voting Rights Act. In 2014, the Hobby Lobby case goes the other way. In 2016, the court approves President Obama's immigration plan. Republicans are resigned to a liberal Supreme Court, so they confirm Merrick Garland
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futurist
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Post by futurist on Sept 3, 2016 0:50:40 GMT
Roe v Wade is overturned. The first POD is that after President Reagan appoints William Rehnquist Chief Justice in 1986,he appoints Robert Bork to replace Rehnquist as Associate Justice. Bork is narrowly confirmed by the Republican Senate. The second POD is the Reagan appoints Antonin Scalia to the Supreme Court in 1987. Just as OLT David Souter and Clarence Thomas get to the court as does the Casey vs Planned Parenthood case.OTL when Casey v Planned Parenthood was decided in 1992, the decision upheld both the Pennsylvania abortion restrictions but also preserved Roe v Wade. William Rehnquist,Byron White, Antonin Scalia and Clarence Thomas wrote concurring opinions calling for Roe to be overturned. ITTL with Robert Bork on the court there is anti Roe majority. After the decision is handed down, no state outlaws abortion but some state enact restrictions. Abortion become more difficult in much of America. The decision is unpopular. It helps the Democratic Party. Bill Clinton carries his OTL states plus Florida, Texas, Arizona and South Dakota. After Ruth Bader Ginsberg replaces Byron White the court once again has a pro choice majority. In the 1993 term they take up an abortion case. In January 1994, they hand down a decision that restores the constitutional right to abortion. There is another interesting potential POD in this scenario, If the stress of being on the Supreme Court does not have too much of an impact on Robert Bork's health. He was a smoker but he would be happier. I would after the end of this story have Stephen Breyer, John Roberts,Samuel Alito, Sonia Sotomeyer and Elena Kagan join the court just as OTL.Then if Bork still dies in December 2012, President Obama appoints Jennifer Granholm to replace him. Then we have a 5 - 4 liberal majority. In 2013 the court reaffirms the Voting Rights Act. In 2014, the Hobby Lobby case goes the other way. In 2016, the court approves President Obama's immigration plan. Republicans are resigned to a liberal Supreme Court, so they confirm Merrick Garland If George W. Bush still wins the U.S. Presidency in both 2000 and 2004 in this TL, then I can actually see Robert Bork retiring under Bush's watch rather than risk dying under a more liberal U.S. President later on.
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mcnutt
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Post by mcnutt on Sept 6, 2016 2:33:56 GMT
I think Robert Bork would be so happy on the Supreme Court that he would delay retiring as long as possible. Oliver Wendell Holmes and John Paul Stevens served on the court in their 90s. I think Bork would have that ambition. Only he died before he turned 9-.
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futurist
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Post by futurist on Sept 6, 2016 3:47:38 GMT
I think Robert Bork would be so happy on the Supreme Court that he would delay retiring as long as possible. Oliver Wendell Holmes and John Paul Stevens served on the court in their 90s. I think Bork would have that ambition. Only he died before he turned 9-. Would Robert Bork have actually expected himself to live to his 90s, though?
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mcnutt
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Post by mcnutt on Sept 8, 2016 3:31:32 GMT
He wouldn't want to leave the court.
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futurist
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Post by futurist on Sept 18, 2016 17:36:43 GMT
He wouldn't want to leave the court. Fair enough, I suppose.
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