Judge Garland's Nomination | National Catholic Reporter I doubt that the current Senate would confirm Robert Bork if Obama sent him up. Of course, leaving this nomination open plays into the fundraising of both NARAL-Pro Choice America and the National Right to Life Committee on the myth that the Court is divided 4-4 on abortion and this vote is all important. The reality is that Judge Garland is of the model of Kennedy, Roberts and Alito - and none of those three is anything like a vote against Roe. The myth that Roe is not settled law is vital to obstruction on this issue. We should explode that myth and put Garland on the Court.
The only real case that would not be dealt with quickly would be if there were a congressional compromise on when citizenship began and it was challenged by the National Reproductive Law Center. I suspect that Kennedy, Roberts, Alito, Garland and Thomas would go along with the compromise, while the liberals would not. Of course, compromise kills the NRLC fundraising machine.
The fact is that Justice Ginsburg is beyond getting old to being old. I suspect that early in the Sanders administration she will be replaced by a liberal (if not sooner). Trump would replace her with a pro-choicer as well, so the GOP needs to face the reality that abortion is no longer an issue in either judicial confirmations or our poltiical life. The Church had may as well complain about legal divorce.
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