Post by mcnutt on May 10, 2019 17:12:16 GMT
The POD is that Supreme Court Justice Lewis Powell decides to retire after ten years on the court in 1982. President Reagan nominates Appeals Court Judge and former Solicitor General Robert Bork to replace Powell. When the Senate votes on Bork’s confirmation, Republican Senators Chafee, Mathias, Packwood, Specter, Stafford, Warner and Wieker voted against Bork but Democratic Senators Boren, Eagleton. Huddleston, and Hollings voted for Bork. There was a 50 - 50 tie. Vice President Bush cast the tie breaking vote in Bork’s favor and he was confirmed.
In the 1992 case Casey vs Planned Parenthood of Southeastern Pennsylvania, Justice Bork wrote the majority opinion also approved by Chief Justice Rehnquist, Justices White, Scalia and Thomas that overturned Row vs Wade. Justices O Connor and Souter wrote concurring opinions upholding both the Pennsylvania abortion restrictions and Row vs Wade, Justices Blackmun and Stevens dissented. Justice Blackmun read his dissent from the bench.
The abortion issue helps the Clinton and Perot campaigns. The popular vote is Clinton 47 % Bush 32 % and Perot 20 %. The Electoral College is Clinton 485 and Bush 53. That is the OTL Clinton states plus he is the first Democrat since Jimmy Carter in 1976 to carry Florida, North Carolina and Texas, the first Democrat since LBJ to carry Indiana, Kansas, South Dakota and Virginia and the first Democrat since Truman to carry Arizona. In 1993, President Clinton signed the Freedom of Choice Act, a federal law protecting abortion rights.
In 1996, litigation over the Freedom of Choice Act led to the Supreme Court decision written by Justice O Connor and also approved by Justices Stevens, Souter, Ginsberg and Breyer, that guaranteed a right to abortion but allowed regulations that do not oppose undue burden on women. The phrase undue burden guaranteed more litigation.
In 2012, Justice Bork died. President Obama nominated Appeals Court Judge Merrick Garland. The Democratic Senate confirmed him. This began the domination of the liberal wing of Justices Ginsburg,Breyer, Sotomeyer, Kagan and Garland.
Yes I have Bork dying on his OTL death date. While I have increased his job stress but he is probably happier.
In the 1992 case Casey vs Planned Parenthood of Southeastern Pennsylvania, Justice Bork wrote the majority opinion also approved by Chief Justice Rehnquist, Justices White, Scalia and Thomas that overturned Row vs Wade. Justices O Connor and Souter wrote concurring opinions upholding both the Pennsylvania abortion restrictions and Row vs Wade, Justices Blackmun and Stevens dissented. Justice Blackmun read his dissent from the bench.
The abortion issue helps the Clinton and Perot campaigns. The popular vote is Clinton 47 % Bush 32 % and Perot 20 %. The Electoral College is Clinton 485 and Bush 53. That is the OTL Clinton states plus he is the first Democrat since Jimmy Carter in 1976 to carry Florida, North Carolina and Texas, the first Democrat since LBJ to carry Indiana, Kansas, South Dakota and Virginia and the first Democrat since Truman to carry Arizona. In 1993, President Clinton signed the Freedom of Choice Act, a federal law protecting abortion rights.
In 1996, litigation over the Freedom of Choice Act led to the Supreme Court decision written by Justice O Connor and also approved by Justices Stevens, Souter, Ginsberg and Breyer, that guaranteed a right to abortion but allowed regulations that do not oppose undue burden on women. The phrase undue burden guaranteed more litigation.
In 2012, Justice Bork died. President Obama nominated Appeals Court Judge Merrick Garland. The Democratic Senate confirmed him. This began the domination of the liberal wing of Justices Ginsburg,Breyer, Sotomeyer, Kagan and Garland.
Yes I have Bork dying on his OTL death date. While I have increased his job stress but he is probably happier.
