The American Spectator

's judicial activism but still refuse to overturn it, believing that doing so may cause greater harm. p> Roe itself was sustained in Casey because the justices considered it bad to upset abortion's entrenched societal status. And the Supreme Court left intact Miranda 's “you have the right to remain silent” warning because police have adapted to the rule. p>Therefore, what one thinks about abortion in itself, viewing it either as a grisly procedure, or a necessary evil, or a liberating choice, is a crucial factor in deciding whether to overturn Roe , even if a justice thinks that Roe 's reasoning is nonsense. p>One can be a judicial conservative without being a social conservative. Both views will at least indirectly affect the outcome of abortion decisions. This is widely recognized, but its significance to presidential politics is often overlooked. p>GIULIANI IS, BY ALL accounts, no social conservative. He