Cornyn: Abortion Fears Over SCOTUS Pick a Democrat 'Scare Tactic'

posted by 1200 WOAI -

The retirement of Supreme Court Justice Anthony Kennedy has some wondering whether a newly formed high court could revisit the issue of abortion, but Texas Senator John Cornyn says that's merely a scare tactic by democrats, Newsradio 1200 WOAI reports.

"Anybody who wants to be a judge who, is basically campaigning on a political or ideological agenda, I believe is disqualified," he says.

Justice Kennedy was the moderate on the Supreme Court. He often acted as a buffer between the liberal and conservative justices.  With his retirement, pro-choice groups are worried a high court with five conservatives and four liberals could overturn Roe v. Wade, allowing states to ban abortions.

Cornyn, who is a former judge, says there is a sense of reverence for decisions made by the Supreme Court.

"We'll continue to see cases brought, but there will be no wholesale reconsideration of precedent.  I just think that's a scare tactic."

Legal scholars agree.  

Gerald Treece is a constitutional law professor at the South Texas College of Law.

"Let me make it clear. That will not happen.  The court has great pride in cases decided.  Most of the court cases where the court changes its mind were done by constitutional amendment, like prohibition."

He says just because members of the court changes, they will not be changing major constitutional decisions, pointing to civil rights, women's rights and rights of criminal defendants. 

"This President, by picking Justice Gorsuch, is not going to pick someone who doesn’t understand the history of the court."

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