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Fox News Legal Expert Says Roe v. Wade is Safe No Matter Who Donald Trump Picks for Supreme Court

The Supreme Court is unlikely to overturn Roe v. Wade no matter who President Donald Trump picks to fill Justice Anthony Kennedy’s soon-to-be-vacant slot, a top Fox News legal analyst said Monday, despite widespread speculation that a more conservative court was on the horizon.

Judge Andrew Napolitano, Fox News senior judicial analyst, who has often challenged some of the president’s wilder claims and those made by his personal attorney Rudy Giuliani, explained that Chief Justice John Roberts and his views on what kind of role the nation’s highest court should play would likely keep the landmark decision on abortion intact.

"It is settled law, and it is a precedent whether you like it or not," Napolitano said. "I don’t think it's going to be overturned no matter who the president appoints.”

Napolitano continued: "I'll tell you why: Because the chief justice, though a practicing Catholic and pro-life himself, does not believe that fundamental changes should come about in the court, the court’s decisions because of an election.”

It was then brought up that Democrats and the president’s detractors have said the pivotal case was the primary issue involving the court. Napolitano explained Democrats were hoping to use the potential undoing of the decision as a means to “go against the president.”

“The Democrats will make it the No. 1 issue because two-thirds of the American public wants some form of abortion,” Napolitano said. “And if the president nominates someone who puts a line in the sand, not in his or her hearing, but at some point in the past, it will give the Democrats ammunition to go against the president.”

Indeed, a new poll released Monday found such widespread support for Roe v. Wade. Sixty-three percent, compared to 31 percent, agree with the court’s ruling, according to results from the Quinnipiac University survey.

Kennedy’s sudden retirement announcement Wednesday led to an outcry from liberals and abortion rights advocates. The 81-year-old served as a significant swing vote on a number of key issues, including abortion and gay rights, and his exit on July 31 has presented Trump with the opportunity to impact the court for multiple generations.

Trump has said that he will name his choice on July 9, with the president telling reporters Monday that he had already interviewed four potential selections. The White House also made personnel changes designed to rev up a process that will be headed up by general counsel Don McGahn.

Kennedy’s replacement would be the second justice handpicked by Trump. He nominated Justice Neil Gorsuch last year, and the pick has paid dividends for the president. The court ruled in favor of Trump’s travel ban last week, asserting he had the constitutional authority to make such a decree in the name of national security.

Republicans presently have a 51-49 advantage in the Senate, and despite the vocal protests by Democrats and others, a simple majority vote is likely for the next justice.

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