The Roe v. Wade decision won't likely be overturned in the courts, as President Donald Trump's eventual nominee to the Supreme Court will likely respect precedent and keep the landmark 1973 ruling in place, former White House Communications Director Anthony Scaramucci said Tuesday.
"The court is a flexible," Scaramucci told CNN's "New Day" co-host Alisyn Camerota.
"It's got a lot of neuroplasticity on that court. I do not see Roe v. Wade being overturned. I know there are conservatives out there that want it to be overturned, but I just don't see it happening."
The court also recognizes that there are "certain fundamental principles in place," said Scaramucci.
Trump is expected to announce his nominee to replace retiring Justice Anthony Kennedy on June 9, and there are fears that the nominee, if confirmed, could lead to a majority that puts the ruling upholding a woman's right to have an abortion in jeopardy.
Scaramucci told Camerota that the potential nominees, put on a list by the Federalist Society,
will more likely respect precedent, and that the Roe v. Wade ruling is "sedimentary law."
"Thirty-five years ago, when I was in law school, the same argument came up during the Reagan administration," said Scaramucci, noting that he is on the side of pro-abortion rights.
CNN chief legal analyst Jeffrey Toobin disagreed with Scaramucci, saying the four potential justices all would vote against the decision, but "it's in their interest to sort of muddy the waters. . . they don't respect that precedent. Roe v. Wade is going to be overturned by one of those four people, along with four other justices on the court."
Scaramucci, meanwhile, told Camerota that he believes everyone in Trump's shortlist to be a
"brilliant jurist" with "unbelievable academic and intellectual record. If you just look at what happened with [Neil] Gorsuch, this was important to the president."
Sandy Fitzgerald ✉
Sandy Fitzgerald has more than three decades in journalism and serves as a general assignment writer for Newsmax covering news, media, and politics.
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