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July 05, 2005


Smeal's statement that O'Connor "was the 5th vote that was saving Roe v. Wade" may be misleading in the extreme, but it is technically true. The last case in which there was any real chance of Roe being overturned was Planned Parenthood v. Casey a 5-4 case with O'Connor in the majority. Where Smeal accidentally-on-purpose errs is not in saying that O'Connor was the 5th vote that was saving Roe v. Wade, but in conveniently neglecting to mention that Byron White, who was replaced by Ruth Bader Ginsburg a year later, had been the 4th vote that was almost not-saving it.

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