Originally posted by carpedm9587
View Post
I doubt we'll see an overturn soon anyway; I'm not sure the numbers are there. If it is ever overturned (as I believe it should be), it'll probably be years in the future after various restrictions on Roe v. Wade/Planned Parenthood v. Casey. The Supreme Court didn't wake up one day and decide to overrule Plessy v. Ferguson in Brown v. Board of Education*, there were a number of cases beforehand which put some restrictions on segregation before the Supreme Court finally decided to dispense with it. Then again, the Lochner era more or less did end with one of the justices waking up one day and deciding to rule differently on the subject of "liberty of contract" than he had previously...
Too bad Anthony Kennedy chickened out about completely overruling Roe v. Wade back in 1992. Doing so would've still been controversial, but ripping that bandage off wouldn't hurt as much as it would now.
*Contrary to what you'll hear, Brown v. Board of Education did not technically overrule Plessy v. Feguson; Plessy v. Ferguson concerned train cars, while Brown v. Board of Education was about schools. Indeed, an argument raised on the part of the plaintiff (Brown) was that Plessy v. Ferguson wasn't applicable to their situation for that reason. However, Brown v. Board of Education marked the start of a new anti-segregation jurispudence, and that new jurispudence effectively overturned Plessy v. Ferguson.
Comment