ABC Worried for Roe v. Wade, Speculate Roberts Will Become Swing Vote

June 27th, 2018 10:19 PM

With Wednesdsay's retirement news from Justice Anthony Kennedy, the liberal media was in a tailspin thinking of all the horrors President Trump would unleash on America with yet another Supreme Court nomination. On ABC’s World News Tonight, they were fearful for the future of Roe v. Wade and were hopefully speculating Chief Justice John Roberts would become the new swing vote for the sake of the court.

ABC ran three different reports on the bombshell development and, at the start of the third, sensationalist anchor David Muir was worried about Trump’s promise to overturn the controversial abortion decision.

“[A] lot of reporting already on this, about what then-candidate Donald Trump said in the third debate, often a pivotal debate. He was asked by the moderator, Chris Wallace, and this was the actual question, do you want to see the court overturn Roe vs. Wade,” Muir prefaced to ABC’s chief legal analyst, Dan Abrams. After playing a clip of Trump saying it would be overturned really quickly, Muir wondered: “So, bottom line, Dan, how likely is this?

While Abrams did admit “Roe vs. Wade is as vulnerable as it's been,” he tried to ease Muir’s woes by suggesting “that doesn't necessarily mean that it gets overturned.” “Justices tend to be very deferential to previous decisions that they’ve already ruled on,” he added.

But Abrams did warn that “what could happen is that the opinion could effectively get gutted, which would mean, as a practical matter, it becomes nearly impossible for women in certain states to get abortions, but we'll have to see.

 

 

Next, they promoted a dubious scenario where Chief Justice John Robert would become a swing vote similar to Kennedy, but not exactly the same, for the good of the institution.

Muir tried to walk viewers through Kennedy’s decision history and, of course, mangled his record with siding with conservatives: “I wanted to put this up on the screen, because we talked about how Justice Kennedy was a crucial swing vote. Sided with conservatives and Citizens United (unlimited campaign financing), on the Second Amendment, on voting rights.” His mischaracterization of Citizens United made it sound like people could donate unlimited amounts to campaigns, which is not true since it only applies to PACs and other such organizations.

Abrams knew where Muir wanted to go and posed the question for him: “Now the question is, what happens with Chief Justice Roberts? Meaning, does he become a potential swing vote?” “Does he shift,” Muir tagged on.

He's not going to be Kennedy. I don't think anybody expects that, but he's so respectful of the institution of the court, and as a result, the question is going to be, does he fight to keep precedent on the books, in effect,” Abrams explained. “And as a result, will he end up splitting from some of his conservative allies, will he evolve? We'll just have to see.

With President Trump getting another chance to get another conservative justice on the court, liberals were losing their minds and desperate to find a silver lining for themselves.

The transcript is below, click "expand" to read: 

 

 

ABC's World News Tonight
June 27, 2018
6:39:17 PM Eastern

DAVID MUIR: I want to bring in ABC chief legal analyst Dan Abrams. Dan, a lot of reporting already on this, about what then-candidate Donald Trump said in the third debate, often a pivotal debate. He was asked by the moderator, Chris Wallace, and this was the actual question, do you want to see the court overturn Roe vs. Wade, and here's what he said.

DONALD TRUMP: Well, if we put another two or perhaps three justices on, that's really what's going -- that will happen. And that will happen automatically, in my opinion, because I am putting pro-life justices on the court.

MUIR: So, bottom line, Dan, how likely is this?

DAN ABRAMS: Well, look. It seems clear that Roe vs. Wade is as vulnerable as it's been since it was decided. But that doesn't necessarily mean that it gets overturned. Justices tend to be very deferential to previous decisions that they’ve already ruled on. So what could happen is that the opinion could effectively get gutted, which would mean, as a practical matter, it becomes nearly impossible for women in certain states to get abortions, but we'll have to see.

MUIR: Certainly the most vulnerable it's been in many years.

ABRAMS: Absolutely.

MUIR: All right, Dan. And the second question. I wanted to put this up on the screen, because we talked about how Justice Kennedy was a crucial swing vote. Sided with conservatives and Citizens United (unlimited campaign financing), on the Second Amendment, on voting rights. But then sided with liberals on gay rights, abortion, and on affirmative action, so, he was a key player in the court for decades.

ABRAMS: That's right, he was. Now the question is, what happens with Chief Justice Roberts? Meaning, does he become a potential swing vote?

MUIR: Does he shift?

ABRAMS: Exactly. He's not going to be Kennedy. I don't think anybody expects that, but he's so respectful of the institution of the court, and as a result, the question is going to be, does he fight to keep precedent on the books, in effect? And as a result, will he end up splitting from some of his conservative allies, will he evolve? We'll just have to see.

MUIR: All right, Dan Abrams. Our thanks to you.