Tag Archives: abortion

Gay marriage is ‘settled law’ … how about abortion?

blackmun

Donald J. Trump says the U.S. Supreme Court has settled the issue of gay marriage, ruling that the 14th Amendment to the U.S. Constitution provides “equal protection” under the law to gay couples, thus allowing them to marry legally.

The president-elect made the right call there.

But wait a second!

What about abortion? The High Court also has ruled that women have a constitutional right to make decisions regarding their own bodies, that they are allowed to terminate a pregnancy. They cited the same 14th Amendment’s “right of privacy” provision, as noted in Justice Harry Blackmun’s opinion.

Is it settled law? One would think so.

Trump, though, has said he’s going to find someone to fill the vacancy on the Supreme Court who opposes abortion, who would help overturn the landmark Roe v. Wade decision of 1973.

Isn’t the Roe v. Wade decision “settled law” as well, just as much as the gay marriage decision of just a couple of years ago?

I should note, I suppose, that Trump once was adamantly pro-choice on the abortion issue. Now he is just as adamantly pro-life on the matter.

Trump now plans to apply the abortion litmus test to whomever he selects to the court post vacated by the death earlier this year of longtime conservative icon Justice Antonin Scalia.

Presidents normally say they don’t set up such tests for potential Supreme Court nominees … but of course they do. I’ll give Trump credit at least for all but admitting out loud he has established one critical benchmark for whomever he chooses to fill the court vacancy.

The credit, though, must be tempered by the “settled law” notion that the president-elect applies to one key social issue of our time while refusing to apply it to another.

Abortion enters the presidential debate

Chalkboard - Abortion

Of all the ridiculous assertions Donald J. Trump has made during his time as the Republican presidential nominee, perhaps the most ghoulish came out of his mouth during his final debate with Democratic candidate Hillary Rodham Clinton.

He asserted that Clinton would favor allowing a woman to terminate a pregnancy literally on the eve of giving birth to her child.

Trump sought to label Clinton some who could support a doctor “ripping the baby out” of the womb two or three days before birth.

Clinton’s response was to challenge the manner in which Trump described what occurs when a woman decides to end a pregnancy, referring to it as a scare tactic.

Frankly, I also was horrified at how Trump described it.

I get that abortion is one of those topics no one likes talking about. It lies at the heart of the “most painful decision” a woman has to make, as Clinton answered.

She continued to hold to her view that government should not force a woman to do something that could jeopardize her own health, such as deliver a child.

However, I do not ever recall Clinton asserting anything of the sort that Trump described during his anti-abortion rant.

A discussion on this subject does require, it seems to me, an element of civility. Yes, I know that many people consider abortion to be among the most uncivilized acts that human beings commit.

For the purposes of a political discussion? Let’s dispense with the demagoguery.

Tim Kaine: serious about the oath he takes

24KAINE1-master768

Tim Kaine’s selection as Hillary Clinton’s vice-presidential running mate is bringing forth the expected public vetting of the U.S. senator’s public policy record.

One item that’s been drawing some attention has involved capital punishment.

A New York Times story Sunday notes that although Kaine is vehemently opposed to executing people for capital crimes he was able to carry out executions while serving as governor of Virginia.

My reaction: Well, duuuhhh?

http://www.nytimes.com/2016/07/24/us/politics/tim-kaine-death-penalty.html?rref=collection%2Fnewseventcollection%2Felection-2016&action=click&contentCollection=politics&region=stream&module=stream_unit&version=latest&contentPlacement=14&pgtype=collection&_r=0

Kaine has moved on to the Senate, where he gets to vote on laws that affect all Americans. But while serving as governor, he took a solemn oath to do one thing essentially: to follow the law as prescribed and written by the legislative assembly of his state.

Governors really have little leeway as it regards capital punishment. Sure, they can commute sentences, which Kaine did while serving as Virginia governor, and which he was empowered to do under the state constitution.

However, if the state executed someone who had been sentenced to death by a jury, then it follows that the governor — barring some extraordinary circumstance — is obligated to do what the law tells him to do.

Virginia is No.2 in the nation in executing capital criminals. No. 1? Oh, yeah … that would be Texas!

The two hats Kaine wears — as one who opposes certain public policy but who must adhere to the law –aren’t the least bit confusing, to me at least.

He struggles as well with abortion. Kaine is a devoted Catholic who believes in the doctrine of his church, which opposes abortion for any reason. However, abortion is legal in this country and, therefore, Kaine must follow the law.

Indeed, he also remains pro-choice on that issue, regardless of his personal opposition to the practice based on his own moral compass and the teachings of his church — believing, apparently, that the government should allow women to make that gut-wrenching decision for themselves.

Sen. Kaine is a serious man who now has been given a serious task, which is to run alongside the Democrats’ presidential candidate. His executive government experience owing to his days as a governor demonstrates he also is a serious public servant.

 

Only now, Kaine opposes TPP

clinton-appears-alongside-safe-vp-pick-sen-tim-kaine-at-virginia-campaign-stop_1

This is an element of this vice-presidential selection process I find distasteful.

Sen. Tim Kaine of Virginia has been a strong supporter of the Trans-Pacific Partnership trade deal favored by President Obama and others within the Democratic Party.

Now, though, Kaine is about to perform a 180-degree switcheroo and will oppose the TPP as a sop to Democratic Party progressives who might be unhappy with Hillary Clinton’s selection of Kaine as her running mate.

So, which is it, Sen. Kaine? Are you for the deal or against it … on principle?

What changed in the TPP treaty that caused him to turn himself inside out?

Oh, nothing! Politics got in the way.

http://thehill.com/blogs/ballot-box/presidential-races/288971-kaine-will-come-out-against-tpp-report

Politicians do this kind of so-called “pivot” all the time. My favorite example has been George H.W. Bush flipping from pro-choice on abortion to pro-life the instant he agreed to run in 1980 with Ronald Reagan.

Kaine is about to become another politician who seems willing to demonstrate that principle — on many issues — matters less than political expediency.

Trump, Pence: clash of egos

trump-and-pence

Mike Pence wouldn’t like being associated with this politician, but I’m going to offer it anyway.

The late George McGovern — a liberal icon and one of my favorite pols — once stated that a politician’s most necessary trait is to possess a huge ego.

You’ve got to think highly of yourself in order to achieve success in the political world, McGovern declared.

Thus, it is that memory of a former presidential candidate’s observation, that brings me to the present day.

Gov. Pence himself is a successful politician: service in the U.S. Congress and as Indiana governor.

His rollout Saturday as Donald J. Trump’s vice-presidential running mate, though, makes me wonder: Is Pence’s ego going to suffer grievous injury because of the behavior and spotlight-hogging style of the Republican Party’s presidential nominee?

Those of you who watched Trump prattle on for nearly 30 minutes Saturday about himself, his business success, his defeat of 16 other GOP candidates, and his record-setting vote totals in the GOP primaries had to have wondered what Pence might have been thinking as he waited — patiently, I presume — in the wings.

http://www.nytimes.com/2016/07/17/us/politics/mike-pence-donald-trump.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=second-column-region&region=top-news&WT.nav=top-news&_r=0

Then came the introduction. Trump and Pence shook hands, Trump patted his running mate on the arm, then walked off the stage. Political tradition dictates that the candidate at the top of the ticket introduces the running mate and then stands dutifully behind the No. 2 guy and leads the applause when he delivers the appropriate punch lines.

Tradition, however, is the last thing that Trump wants to follow.

And that brings me to this final point.

Mike Pence is as traditional a politician as one can find. He’s a doctrinaire conservative Republican. He believes in free trade (which Trump opposes), he is anti-abortion (which Trump has supported), he is loyal to his party (which Trump has characterized as being part of a “rigged system”).

He also possesses — if Sen. McGovern’s wisdom is correct — the kind of ego that all politicians need to be successful.

There can be zero denying Trump’s h-u-u-u-u-g-e ego.

Those of us who are interested in these things are going wait with some anticipation to see whether these two men can settle their apparent — and in some cases obvious — differences in style … and public policy.

Litmus test for VP hopefuls? You bet

The-Litmus-Test-ICON-v3

Politicians all sing in unison when the question involves “litmus tests.”

They “never” apply such tests, politicians say. They don’t “believe in litmus tests.”

They all are lying.

I mention litmus tests because both major-party presidential nominees-to-be are about to select their vice-presidential running mates. Should Republican Donald J. Trump and Democrat Hillary Rodham Clinton require their VP picks to pass these litmus tests?

Sure they should.

In reality, though, there really is just one question that presidential nominees should always ask their VP choices: Are you ready to become president in the event something happens to me?

Trump is now apparently ready to choose between former House Speaker Newt Gingrich and Indiana Gov. Mike Pence. Both of those fellows no doubt would answer “yes” to the Big Question. The task for the campaign, though, is to persuade a majority of voters that they would be able to step into the job on a moment’s notice.

Clinton is facing a similar decision. Her field of hopefuls is much deeper than Trump’s. Sen. Tim Kaine of Virginia? Sen. Elizabeth Warren of Massachusetts? Hey, how about the guy who’s got the job now, Joe Biden? All of them surely would answer “yes” to the litmus test question.

Another possible Clinton choice has been rumored to be Julian Castro, the current housing secretary and former mayor of San Antonio. He’d answer “yes,” too, but some of us wonder whether he truly would be able to step into the box.

But when presidents are looking for people to fill key positions, you can damn sure bet that they have a set of policies and principles they demand of those they are considering.

Does that constitute a litmus test? Of course it does.

Consider the test that Ronald Reagan put his VP hopefuls through in 1980. Were they pro-life or pro-choice on abortion? That appeared to be a major question the hopefuls needed to answer correctly. Reagan settled on George H.W. Bush who, during his time in Congress, had been nicknamed “Rubbers” because of his strong voting record in support of organizations such as Planned Parenthood. Bush became an ardent pro-life candidate the instant he said “yes” to the Gipper.

Do you think Ronald Reagan had a “litmus test” that Bush had to pass? Absolutely!

So it will be this time around, just as it always has been.

If politicians say they don’t have “litmus tests,” they’re lying.

SCOTUS upholds ‘due process’ in rejecting abortion law

SCOTUS_Abortion_rulingTT_jpg_800x1000_q100

It had been some time since I looked at the constitutional justification for the landmark Roe v. Wade ruling that legalized abortion in the United States.

So today, I did in the wake of the Supreme Court’s ruling that strikes down a Texas law that made it more difficult for women to terminate a pregnancy.

Roe was decided on the “due process clause” of the 14th Amendment to the U.S. Constitution, which the court said in its January 1973 ruling guaranteed a woman’s right to an abortion.

Yes, I am aware that constitutional purists will declare that “abortion” isn’t even mentioned in the Constitution, unlike, say, “the right keep and bear arms.”

But these amendments cover a multitude of rights that aren’t necessarily mentioned by name in the nation’s government framework.

The court today ruled 5-3 that House Bill 2 was too restrictive and that it violated a woman’s right to end a pregnancy. The bill became law in 2013 after that famous filibuster launched by then-state Sen. Wendy Davis, D-Fort Worth, who temporarily halted the bill’s progress in the waning hours of the Texas Legislature.

Not to be deterred, then-Gov. Rick Perry called a special session and the Legislature enacted the bill anyway.

According to the Texas Tribune: In a 5-3 vote, the high court overturned restrictions passed as part of House Bill 2 in 2013 that required all Texas facilities performing abortions to meet hospital-like standards — which include minimum sizes for rooms and doorways, pipelines for anesthesia. The court also struck down a separate provision, which had already gone into effect, that requires doctors to have admitting privileges at a hospital within 30 miles of an abortion clinic.

https://www.texastribune.org/2016/06/27/us-supreme-court-rules-texas-abortion-case/

The result of HB 2 was to force clinics that provide abortions to shut down. It made access to the procedure unconstitutionally difficult for women to obtain.

The court decision was swayed by Justice Anthony Kennedy’s siding with the liberals on the court.

Is this a happy ruling? No one should be happy when the issue involves an issue that is as emotionally draining and wrenching as this. Women have been entitled to make these decisions ever since the Roe ruling — which also arose from a Texas case.

I feel the need to add that to be “pro-choice” on this issue should not be construed as being “pro-abortion.” Would I ever counsel a woman to obtain abortion? No. Then again, it’s not my call to make. Nor should it be the government’s role.

Yes, this was a difficult call for the nation’s highest court to make. It was the correct call.

Thanks for listening, Gov. Fallin

Oklahoma-Governor-Mary-Fallin-Vetoes-Abortion-Bill-650x488

Oklahoma Gov. Mary Fallin likely didn’t read my earlier blog post about a bill that landed on her desk that would have made abortion illegal in her state.

Then again …

OK, I’ll take all the credit I deserve. How’s that?

Fallin vetoed Senate Bill 1552 this afternoon, calling it too ambiguous. The Republican governor remains fervently pro-life, but she’s also a realist. She knows that SB 1552 likely wouldn’t withstand a constitutional challenge.

http://www.msn.com/en-us/news/us/okla-governor-vetoes-sweeping-abortion-ban-bill/ar-BBti0bA?li=BBnb7Kz

Roe v. Wade, the landmark 1973 Supreme Court decision that made abortion legal in most cases, remains the law of the land. That’s the entire land, which includes Oklahoma.

There actually was a voice of reason among the Oklahoma legislators who sent SB 1552 to Fallin’s desk. It came from a Republican senator, who also happens to be a physician.

Dr. Ervin Yen was the lone GOP senator to vote against the legislation. He described it as “insane.”

I’d bet real American money that Gov. Fallin likely disagrees with the insane description. Still, she did the right thing by vetoing a bill that clearly violated established federal law.

Get ready for big abortion fight

Oklahoma Gov. Mary Fallin speaks during a news conference in Oklahoma City, Thursday, Oct. 8, 2015. Fallin said “it became apparent” during discussions with prison officials last week that the Department of Corrections used potassium acetate, not potassium chloride, as required under the state’s protocol, to execute Charles Frederick Warner in January. "Until we have complete confidence in the system, we will delay any further executions," Fallin said. (AP Photo/Sue Ogrocki)

In 1907, Oklahoma became the 46th of 50 states to join the United States of America, an event that subjected the residents of that state to all the “laws of the land.”

That means Oklahomans are bound to adhere to mandates handed by the U.S. Supreme Court, which interprets the constitutionality of the law.

Get set, then, for a big fight as Oklahoma tries to defend itself against challenges to a bill that makes abortion illegal in the state.

Why the fight? Because the Supreme Court ruled in 1973 that the practice of terminating a pregnancy is legal in all 50 states and that women could make that decision until the time that the unborn child is determined to be “viable.”

The Oklahoma Legislature has sent a bill to Gov. Mary Fallin’s desk that makes performing an abortion a felony, except in the case of rape or incest or if carrying the pregnancy to full term endangers the mother’s life.

The landmark Roe v. Wade decision in January 1973 didn’t spell out any exceptions. It said that women who choose to end a pregnancy have that right guaranteed under the U.S. Constitution. Thus, the practice was declared legal.

http://www.huffingtonpost.com/entry/oklahoma-abortion_us_573df1b9e4b0aee7b8e94b41

The Oklahoma law is seen as being a mostly symbolic gesture, even if Fallin signs it. She has until Wednesday. Gov. Fallin, a pro-life politician, hasn’t yet said whether she’ll sign it.

The cost to state taxpayers, though, could be substantial if abortion-rights groups challenge the law and subject the state to expensive legal proceedings.

Oklahoma lawmakers have made a profound political statement. They have thumbed their noses at the highest court in America and have determined independently that they are able to flout federal law that the judicial system has reaffirmed.

Gov. Fallin should veto the bill. If she wants to make abortion illegal, she should have to wait — and hope — for the chance to change the philosophical composition of the U.S. Supreme Court.

 

POTUS shows command of the obvious

barack

Barack Obama demonstrated today a compelling command of the obvious when he said the Republicans’ leading candidate for president “doesn’t know much about foreign policy.”

The president was responding to comments from Donald J. Trump about allowing South Korea and Japan develop nuclear weapons programs.

Yep, Trump said he would be open to that possibility as a deterrent to North Korea’s nuclear ambitions.

According to Politico: “The person who made the statements doesn’t know much about foreign policy or nuclear policy or the Korean peninsula or the world generally,” Obama told reporters as he finished the last of a series of high-level meetings on nuclear security in Washington.

“The person” to whom Obama was referring also said the United States shouldn’t even rule out using nuclear weapons to fight the Islamic State in the Middle East and, oh yes, in Europe.

Oh … my.

That’s the obvious criticism: that Trump doesn’t know diddly about U.S. foreign policy, its aims, how it protects U.S. interests and how it intends to maintain peace.

What is not so obvious is the question that the president didn’t ask. Perhaps he didn’t want to stick the proverbial hot branding iron in the eye of the Trumpsters who keep cheering their man on.

I’ll ask it here: How is it that the individuals who keep voting for this guy give him a pass on such obvious ignorance?

I am acquainted with some Trumpsters here in Amarillo. They keep answering with the same refrain: Trump “tells it like it is”; political correctness be damned!

As Ricky Ricardo might say: Ayy, caramba!

Trump’s ignorance keeps revealing itself in breathtaking fashion.

Just this week alone, he said women should be “punished” if they obtain an illegal abortion; he then reversed himself … twice! Then came the remarkable assertion about the use of nukes to fight radical Islamic terrorists. To be fair, he didn’t pledge to drop A-bombs on them, only that we shouldn’t take their use “off the table.”

Still, this individual does not grasp the meaning and the gravitas of what he says. As the president noted today in his remarks, the world pays careful attention to what major political leaders in this country say. Obama said: “I’ve said before that, you know, people pay attention to American elections. What we do is really important to the rest of the world, and even in those countries that are used to a carnival atmosphere in their own politics want sobriety and clarity when it comes to U.S. elections because they understand the president of the United States needs to know what’s going on around the world.”

Trump may say he’s not a politician, but that’s now patently untrue. He is a politician seeking the highest office in the land. He seeks to become chief executive, the head of state and the commander in chief of the United States of America.

Yet he keeps shooting off his mouth about matters of which he knows not a single thing.

How in the name of all that is holy does this clown keep getting away with it?