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Napolitano States that Roe vs. Wade WILL Change with 2nd Supreme Court Replacement

Reported by Ellen - February 22, 2005

Today on Studio B with Shepard Smith, he spoke with Judge Andrew Napolitano regarding the possible changing of the Supreme Court Justices. They spoke about the health of Chief Justice William Rehnquist. Smith claimed there was speculation that Rehnquist might retire in June when the session ends. Judge Napolitano said that Rehnquist would like to last another 2 1/2 years so that he could be the longest sitting Chief Justice, but nature may step in.

Smith: He's sick, right?
Napolitano: He is.
Smith: And you're hearing he's getting sicker, right?
Napolitano: He is.
Smith: How much sicker is he?
Napolitano: Well, everyone expected him to be there today.

They went on to say that even though he wasn't there, Rehnquist was getting the briefs and was able to weigh in on the case before the court today.

Then they discussed that this vacancy was not the important one. If Rehnquist retires in June Napolitano said that Antony Scalia would most likely be named Chief Justice and the President had a list of four conservative judges on his list as replacements. There was brief discussion on these four candidates - all conservative, but Bush might be looking for the most youthful conservative. Then the discussion turned toward the possibility of a second replacement.

Smith: So, after this replacement, it's the next one that really matters, because?
Napolitano: That's when the matter of Roe vs. Wade WILL (my emphasis) change, 5 to 4 to ....(words overspoken by Smith)
Smith: You say WILL (his emphasis) change?
Napolitano: If the president, very good Shep, (obviously relieved that Smith caught this so he could explain) if the president 'succeeds' in replacing Justice O'Connor or Justice Stevens or any of the pro abortion justices with a pro life justice, then the vote on Roe vs. Wade will change for better or for worse politically.

Comment: Smith caught an exuberant Napolitano from rushing his words on the Roe vs. Wade 'will' change issue, with the 2nd replacement on the Supreme Court. It's quite possible that the 2nd replacement could be another conservative. I don't quite understand how someone 'succeeds' in replacing a particular justice, do they wish for their ill health? Anyway, the excitement of retirement or ill health or the deaths of justices is alive and well on Fox and they've got their audience ready. One more comment, the statement that if the scenerio happened as Napolitano suggested, it would make things better or worse, politically? Just politcally? How about the majority of US citizens - women - do you think it would affect them?

Reported by: Donna

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