Tag Archives: Roe v. Wade

‘Cheering’ abortion? Please

Abortion law

The reaction to the U.S. Supreme Court’s ruling that struck down a Texas law regarding abortion has been, shall we say, divided quite sharply.

The court ruled 5 to 3 to overturn a law that justices said gets in the way of a woman’s constitutional right to terminate a pregnancy. It set strict rules for physicians requiring admitting privileges to hospitals and required women to travel great distances to obtain an abortion.

Who, though, is “cheering” the idea of women being able to obtain this procedure? Were the folks “cheering” outside the Supreme Court building exulting in the prospect of abortions becoming easier? Were they cheering the deaths of the unborn? No.

I believe they were “cheering” the notion that a majority of justices understand that the Roe v. Wade ruling in 1973 that made abortion legal was made under the “equal protection clause” of the 14th Amendment to the Constitution.

Some in the media, though, see it differently.

Take the editorial that appeared today in my local newspaper, the Amarillo Globe-News.

The newspaper opined:

“People were celebrating the ruling. People were celebrating abortion — which no matter what form of nonsensical political correctness you apply — is the killing of unborn children.

“Odd. And disturbing.”

Celebrating abortion? That draws an unfair caricature of those who believe a woman’s right to make these critical decisions supersedes legislation that prevents her from doing so.

I understand fully the huge divide that separates Americans of good will on both sides of this debate.

To suggest — as many who oppose the court’s ruling have done — that Americans are celebrating the act of abortion only deepens that divide.

We all understand the intense anguish that accompanies a woman’s decision on this matter. The court simply has reinforced the woman’s right to make that call.

SCOTUS upholds ‘due process’ in rejecting abortion law

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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.

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.

 

Litmus tests: virtually unprovable

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President Obama has a big decision to make.

Who’s going to become the next nominee to the U.S. Supreme Court?

Now comes the inevitable question: Uh, Mr. President, do you have a litmus test that a nominee must pass?

Gee, how does the president answer that one? “Of course not! I don’t believe in litmus tests. My nominee will be the most qualified person I can find. He or she must be able to interpret law, not make it, and they must be studious as they ponder the constitutional decisions he or she must face.”

Actually, it is my considered opinion that answers like that are full of so much mule dung.

Of course there are litmus tests! The issue facing the politicians doing the appointing is that they dare not call them such.

Does anyone in their right mind believe that when, say, a president of the United States looks across a conference-room table at a prospective nominee that he or she doesn’t ask them The Question?

In a case such as this it might be: “Would you vote to uphold the Roe v. Wade abortion decision?” Or, “would you stand behind the Affordable Care Act?” How about, “would you continue to uphold the ruling that gay couples are guaranteed under the 14th Amendment to the Constitution to be married?”

Do presidents ask those questions? Sure they do. You know it. I know. The presidents know it. The people they interview know it.

Let’s not be coy, either. Presidents of both parties ask them in search of the correct answer. Does anyone really believe, for instance, that President Reagan didn’t at least know in advance how Antonin Scalia would lean on, say, the Roe v. Wade decision when he considered him for a spot on the court? Do you think he might have asked him directly? I believe it would have been a distinct possibility.

Are all these meetings open to public review? Are they recorded for posterity? No and no.

That’s why the “litmus question” is a monumental waste of time. The answers mean nothing to me.

If only presidents would be candid. “Sure, I have tests that candidates must meet. Hey, I was elected to this office and most voters who cast their ballots for me knew what they were getting. Elections have consequences.”

 

Kennedy channels Blackmun and makes history

It’s always risky to put too fine a point on some historical events, but today’s ruling by the U.S. Supreme Court legalizing gay marriage in all 50 states tells me that the court has issued a ruling that is going to change the nation’s landscape … forever.

We can give credit — although some will assess blame — on one justice. That would be Anthony Kennedy, a normally conservative justice who sided with the liberals on the court and wrote the 5-4 majority opinion legalizing gay marriage.

Game, set and match? Not by a long shot.

Kennedy’s role, though, does have an interesting parallel with another justice from another time — with whom he served for five years on the same Supreme Court.

Harry Blackmun was selected to the court in 1971 by a conservative president, Richard Nixon; Kennedy joined the court in 1988 when another conservative president, Ronald Reagan, nominated him.

Blackmun eventually would veer far from where President Nixon thought he’d travel as he served on the highest court in the land. Blackmun became one of the court’s more liberal members.

In January 1973, he authored a landmark ruling that made abortion legal in the United States. Roe v. Wade was a case out of Texas in which the court overturned a Texas law that made getting an abortion a felony offense. Blackmun’s opinion stated that women essentially were entitled to control their own reproductive capacity. The 7-2 ruling set the stage for a debate that hasn’t let up over the course of the past 42 years, but it was a huge decision.

The man on the hot seat now is Kennedy, who remains a conservative jurist. But on this issue, gay marriage, he has decided — along with the court’s liberal wing — that the 14th Amendment to the Constitution, with its equal protection clause, trumps states’ reluctance to allow gay couples to marry.

I doubt strongly we’re going to see Justice Kennedy become a flaming liberal in the wake of this ruling. He just happens to be right — and courageous — in making this decision.

Just as Roe v. Wade changed the landscape in early 1973, today’s ruling on gay marriage sets the stage for another gigantic sea change across the nation.

I wish I was a fly on Justice Kennedy’s wall when he talked this over with his court colleagues and his staff as he pondered how he would write this Earth-shattering opinion. Something tells me he heard the late Justice Blackmun’s voice.

 

GOP men vs. GOP women on abortion

The men who run the Republican Party caucus on Capitol Hill are facing a determined foe.

They happen to be the women who comprise the rank and file of GOP legislators.

The battleground? It’s abortion. Men of the GOP? You’re in for a fight.

You go, ladies.

Abortion dissenters face backlash

Female Republican House members are rising up against anti-abortion legislation that would stop abortions at the 20-week mark of a pregnancy. The legislation contains language about rape and suggests that even women who become pregnant as a result of a savage sexual assault must carry the pregnancy to full term. The provision in the bill required that women who are raped had to report the incident to police to be exempted from the 20-week rule. Some Republican moderate women said as many as 70 percent of rapes go unreported by women.

This is what happens when men — who know not a single thing about some of these intensely personal issues — make laws affecting women.

Congress intended to pass this legislation out on the 42nd anniversary of the historic Roe vs. Wade decision in the Supreme Court that stated the Constitution protects a woman’s right to end a pregnancy.

Conservatives are angry over the GOP moderates’ torpedoing of the legislation. Tony Perkins, head of the Family Research Council, said the women will be “held accountable.”

Baloney.

They’ve acted responsibly and their voices need to be heard on this issue that only they understand.

 

Abortion bill: a non-starter

Let’s just put this one on ice: Abortion is not going to be one of those issues where the White House and Congress are going to compromise.

President Obama will veto House Resolution 36 if it ever gets to his desk.

Let’s hope it doesn’t get there.

http://www.nationaljournal.com/white-house/obama-threatens-to-veto-new-gop-abortion-bill-20150120

The bill, cobbled together by Republicans who themselves are split on this issue, would prohibit abortions 20 weeks after fertilization.

Yep. That’s it.

Never mind that the U.S. Supreme Court has ruled that a woman has a constitutional right to choose whether to end a pregnancy. Or that most Americans favor granting women the opportunity to decide such matters. Thus, abortion remains legal. The rate of abortion also happens to be declining.

None of that matters. Republicans who control Congress say two things: They oppose government “interference” but they demand that government interfere in this most personal and intensely emotional decision possible.

The National Journal reports: “Republicans themselves are divided on the bill, which is sponsored by Rep. Trent Franks, R-Ariz. At last week’s GOP retreat, Rep. Renee Ellmers, R-N.C., called on House leadership not to bring up the bill this week, saying that the caucus needs ‘to be smart about how we’re moving forward.'”

It’s not smart to approve a bill they know will get a veto and which will not be overridden. It’s also not smart to tell a woman that she must take a pregnancy to full term. That is her call to make — exclusively.

 

 

 

Chief justice going soft? Hardly

Conservatives reportedly are getting itchy over some recent decisions by U.S. Chief Justice John Roberts.

Why, he’s siding with some of the Supreme Court’s liberals and that dreaded swing vote on the court, Justice Anthony Kennedy.

He’s just not the dependable conservative they thought they were getting when President Bush appointed him to the court.

http://www.politico.com/story/2014/10/john-roberts-conservative-quake-112000.html?hp=f2

These nervous nellies on the right ought to relax.

I don’t consider the chief justice to be a toady to the right. He’s now holding a lifetime job and is free from the political strings to which he was attached when the president appointed him chief justice. It might be — and it’s way too early to tell — heading down a trail blazed by other formerly “conservative” justices who turned out to be anything but.

Chief Justice Earl Warren took his seat after President Eisenhower appointed him in 1953. The very next year, the Warren Court handed down the landmark Brown v. Board of Education ruling that effectively ended segregation in the nation’s public schools systems. Ike called the Warren appointment his biggest mistake as president.

President Nixon appointed Harry Blackmun to the court in 1971 and all Blackmun did was write the Roe v. Wade decision that ruled abortion to be a protected right under the Constitution.

President Ford named John Paul Stevens to the court in 1975, thinking he was getting a conservative jurist to serve on the court. Stevens turned out to be one of the leading court liberals.

And what about Roberts? All he’s done is side with the liberal minority on the court in a 2012 vote that upheld the Affordable Care Act. It was a narrow decision that didn’t bring about the end of the world.

The Supreme Court remains a conservative body. It has three hard-core righties — Samuel Alito, Clarence Thomas and Antonin Scalia. Roberts might be tilting more toward the center, hardly to the left. Kennedy remains the pivotal swing vote. The four liberals remain dependably so: Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor have formed a Fearsome Foursome of liberal jurisprudence.

The hard right just needs to chill out. I doubt that the chief justice is going to turn on them. Hey, if he does, then he’s joining some pretty heady company among justices who rediscovered their consciences and their principles.