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Roe V Wade After The New Justice Appointment

Elizabeth Slattery, The Heritage Foundation

The Annie Frey Show
July 09, 2018 - 2:18 pm

AF: What we've heard a lot about from the left is their, their panic over what this judge, what this apointee would, how they would affect Roe v Wade in the possibility of it being turned over or turned around whatever, and they're there in a meltdown over it. So we wanted to bring on Elizabeth Slattery from the Heritage Foundation to talk to us a little bit, legally speaking this apointee, it's a big apointee but, Elizabeth, thanks for joining us. What kind of implications would it really have on that Roe v Wade decision?

ES: Thanks for having me.

AF: Sure

ES: Well, you know, it',s it's hard to predict how whichever one of the nominees, potential nominees President Trump will select, how they would vote on a particular case in the future hypothetical challenge were talking about. The Supreme Court has your listeners now can't just pluck an issue out of the news and decide to rule on it. There has to be a case that comes up and often times, it takes a long time for cases to get to the Supreme Court and they, they off and wait for the lower courts to chew on these issues and wait for a circuit split before they they take up an issue. So, you know, we've been hearing for four decades now that the Supreme Court is,  is about to overturn Roe v Wade, and it hasn't happened.

AF: Yeah, you don't you you say of course that it has to, I don't I don't know if the left really understands fully the process here. Like you said, they can't just scoop an issue out of the news and and then just make a ruling on it. That's not how the system works.

ES: That's right it's, it's not how the system works at all and I think the most important thing that we should be thinking about with any of these potential nominees is their Judicial philosophy. How are they going to approach any issue, any law and, and not restrict it to abortion.

AF: Certainly of the four that we have on the shortlist here is there any indication of any of them being very anti Roe v Wade of just chomping at the bit to get rid of Roe v Wade?

ES: No, absolutely, not and, and on the Supreme Court only one of the justices Clarence Thomas and actually stated in, in a dissenting opinion that he would like to revisit Roe v Wade. So,  for that matter, we really don't even know where the other conservatives on the Supreme Court are on this issue.

AF: So, if, if something were if, if there were a challenge that would rise up to the Supreme Court, there isn't an indication that it's a 4-4 split right now and that, this is the swing vote that would turn it around.

ES:That's, that's right and you know the Supreme Court hears so many cases at every year and and it's very rare that a case involving abortion even gets to the Supreme Court. So, I think it's a bit misguided to focus on one issue. We should really be looking at the overall Judicial.Philosophy of of the nominees we want people who are going to be fair and partial principled dedicated to faithful application of the law and, and applying the the law and the Constitution according according to their text.

AF: Specifically, Amy Coney Barrett and cuz she's been the one who is highlighted the most. She sure has been picked on a lot by the left for being the only female that that made the shortlist. What what is her Judicial philosophy when it comes to issues like say abortion Roe v Wade or other social issues because clearly it's been laid out to us that she's Catholic and somehow or another that means that supposed to be a negative thing for but what has she stated is her Judicial philosophy. 

ES: Well, I would point out the outset that we know three of the shortlister the short short listers are are Catholic and and yet we're really only hearing about the faith of one of them. And this was something that came up during her confirmation to the seventh circuit last fall as she was asked about, you know her personal views on a variety of social issues. And you know what, her response is great. She said my personal views are irrelevant because I will apply the law and the Constitution and my personal views will not influence that and I think that's exactly right. She she's got the role exactly, right and that's the kind of justice that we need to have on the Supreme Court.

AF: Do you think that when it comes to social issues, first let me ask you this. What religious test what religious questions are they allowed to field when it comes to these approval hearings?

ES: None, you know at Amy Barrett's hearings last fall for the seventh circuit, she would have very inappropriate questions about you know, does she consider herself an orthodox Catholic which was a phrase I hadn't heard before and, and Dianne Feinstein from Senator from California said sort of mockingly that the the dogma of the Catholic Church the Dogma lives loudly in her. And these were sort of dog whistles to to the left that you know, this is this is somebody not to be trusted and I think it's really unfortunate and if you look at the Supreme Court, there are a number of justices are Catholic and we shouldn't be taking their faith into consideration at all.We should be looking at their Judicial philosophy and, and that's it.

AF: Yeah, definitely. Elizabeth Slattery with the Heritage Foundation. Thank you so much for coming on heritage.org for more information. We appreciate it.

ES: Thanks for having me.

AF: Absolutely.