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Law Professor on Fox Says Roe vs. Wade Won't Change With Alito

Reported by Donna - January 18, 2006

With a car chase on a Texas freeway taking up almost a half hour of Studio B with Shepard Smith today, there was not much discussion today on other issues. (Studio B is big on car chases)

Smith did interview Mark Movesian, Hofstra University Law Professor, about the recent decision on the New Hampshire law about parental notification. The matter was more or less sent back to the lower courts to take out the unconstitutional part that didn't take the mother's health into consideration. Shepard Smith decided to ask Mr. Movesian if Judge Samuel Alito was confirmed, would this change Roe vs. Wade?

Mr. Movesian said that he didn't think this would change Roe vs. Wade. He said it would still come down 5 - 4 in keeping Roe vs. Wade in place.

However, he prefaced it by saying that if one or two more Supreme Court nominations should fall President Bush's way, there could be changes.

Comments: I'm not so sure that Roe vs. Wade isn't in trouble with an Alito confirmation, but let's take Mr. Movesian's remarks into consideration. You can either hope that the Supreme Court stays like it is and President Bush doesn't get another chance over the next (less than) 3 years or you can be like Pat Robertson and pray that the president gets to nominate more Supreme Court Justices.

I don't know if this was a call out to the right wing to hope for more Bush appointees, or it was a simplification or outright misinformation on what an Alito confirmation would do to the makeup of the Supreme Court.

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