Will same-sex marriage replace abortion as SCOTUS test?

The Washington Post previews the same-sex dimension to the SCOTUS nominee hearings today, suggesting marriage may replace abortion as the hot button issue on which the hearings center:

Questions on social issues in confirmation hearings have tended for the past 30 years to focus squarely on abortion, with partisans from both sides poring over a nominee’s writings and rulings and presidents typically denying that any “litmus test” was employed in the selection.

Same-sex marriage carries the same freighted potential to dominate a hearing, conservatives say.

“It is now the flash point where politics and law meet. That flash point used to be abortion. I don’t think anybody thinks that’s going to be the flash point in this nomination,” said William A. Jacobson, a Cornell University law professor and conservative blogger.

Same-sex will undoubtedly be more prominent at the hearings than the last time a liberal was nominated to the court in 1994. But I highly doubt somehow gay marriage will take the place of abortion, especially if the nomination of Dawn Johnsen as head of the Office of Legal Counsel is any indication.

Tags Abortion Abortion debate Behavior Bioethics Ethics Human reproduction Litmus test Person Career Politicized issue Politics Quotation Religion and abortion Same-sex marriage Social Issues Supreme Court of the United States
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