Supreme Court issues decision against women

By: Dianne
Published On: 4/19/2007 8:44:52 AM

To those who don't know yet, the Supreme Court yesterday issued a decision that may be the first step in banning abortions in our country. Here's some of the WaPo article: http://www.washingto...

  The Supreme Court broke new ground yesterday in upholding federal restrictions on abortion, with President Bush's two appointees joining a court majority that said Congress was exercising its license to "promote respect for life, including the life of the unborn."

[...]

The majority opinion, she [Justice Ruth Bader Ginsburg] told a stone-silent courtroom, "cannot be understood as anything other than an effort to chip away at a right declared again and again by this court -- and with increasing comprehension of its centrality to women's lives."

[...]

Activists on both sides of the issue predicted that the decision will encourage antiabortion state legislatures to pass laws not only adding new restrictions but looking to challenge Roe itself.  (emphasis provided)

To me, it's a sad day for women.  Your thoughts?


Comments



Aside from abortion, this is a frightening sign of (Lowell - 4/19/2007 8:53:02 AM)
things to come from the Alito/Roberts/Scalia/Thomas Supreme Court.  If we don't elect a Democratic President in 2008, our civil liberties, environment, abortion rights, and many other things we value will be in grave jeopardy.  The bottom line is that elections have consequences, and the decision yesterday was the result of Bush's re-election in 2004.  Big, big mistake!


A sign of closed minds (PM - 4/19/2007 9:20:58 AM)
What I find frightening about Thomas, Scalia, Roberts and Alito is that they have closed minds -- if you will -- their minds run in a loop.  The great jurists are those who approach issues with an independent mind.  A sign that someone is a real jurist -- they're appointed to the Supreme Court and a few years down the road one group or the other is unhappy that he/she is not voting the way they expected.

The four judges I mentioned seem almost programmed.

Nor do I like judges who are 100% "liberal" (whatever that means).  I guess William O. Douglas was someone I'd put in that category.  I liked the outcome of many of his decisions, and sometimes he wrote very interesting decisions, and I liked what I knew of his personal stances (he was pro-environment when not a lot of people were paying attention).  But I think he marginalized himself by being so outcome oriented.

If I were on trial, I'd want a judge like Souter deciding my fate.  I think he listens, thinks, and searches for truth.



Exactly Lowell (Dianne - 4/19/2007 9:31:43 AM)
These people are frightening to me.  What this Administration and many Republicans have wreaked on this country in the last 6 1/2 years may not so easily be fixed. And I'm sure that the conservative element of the Virginia GA will take advantage of the abortion issue, e.g., Delegate Mark Cole  http://www.richmonds...

or Delegate Bob Marshall
http://www.richmonds...

given the environment and chance!



Gonzales is protecting is form our civil rights again. (Andrea Chamblee - 4/19/2007 12:58:22 PM)
The most curious rationalization in this opinion is that the court says the safety of patients need not be addressed at all in the law. Nevertheless, Justice Kennedy does inject his concern for women's health by saying the State is just protecting women from the "severe depression and loss of self-esteem" because of the choice.

Good thing these old guys are "protecting" us, isn't it?

Caution: shameless plug:  I blogged it here.



They're "protecting" their own egos (PM - 4/19/2007 5:08:15 PM)
I've actually seen men (usually older ones) in semi-panic mode when women speak or stand up to them.  I can see the necks bulge, the breath quickening -- they're having panic attacks!

I've seen a few men react this way just talking about Hillary.

It would be worth it to have Hillary (or a Nancy Pelosi) be President just to see the panic among the codgers.  (Well, for other reasons, too.)

Of course some men from the younger generation are like this.

My personal belief -- a lot of this male fear behavior stems from fear in the bedroom, or is at least consistent with it. 



Great comment... (Dianne - 4/20/2007 1:08:21 PM)
Andrea (@12:58:22), I checked out your blog and found it fascinating and kept drilling down and finding more and more to read.  Thanks for educating us, once again.


Aren't we better off using the Legislature to deal with this. (loboforestal - 4/19/2007 4:35:31 PM)
Shouldn't we use the Congress and state legislatures to decide issues like marriage law and abortion policy rather than have judges "rule" for us?

If the justices are saying the legislature passed a valid law, then I don't have a big problem with the decision.  The place to decide issues such as this is at the ballot box, not at the combined Ivy League Law Alumni Society and Alzheimer's Denial Committee that is also known as the Supreme Court of the United States.



Those nasty Ivies (PM - 4/19/2007 4:59:59 PM)

Roberts and Scalia went to Harvard, Clarence Thomas and Alito to Yale.

I do think those law schools are overrated (I'm not kidding).

However, the whole purpose of an independent judiciary was to ensure that the Constitution was sacrosanct.  Otherwise, legislatures could pass laws that said things like -- put all people of this type in jail (pick a nationality or religion or what have you); or, it's okay to burn down x and y denominations of churches; or, people who say things we don't like get put away; and other heinous ideas. 

The judiciary in our federal system is a co-equal branch.  That's our system.  The Supremes' opinions by and large stand the test of time, and they are a bulwark against the popular fancy taking over.  They're supposed to stand up to unconstitutional use of power -- they did to FDR and many other presidents. 

If you do not have a constitution that is enforced by a judiciary, then you have no rule of law, but just a series of whims based on nothing.  Dictatorship would be right around the corner -- "Hey, we'll disenfranchise all voters who are from X Party.  Then we'll be legislators for life."



Legislatures? making medical decisions? (Andrea Chamblee - 4/19/2007 10:01:48 PM)
The American College of Obstetricians and Gynecologists filed a friend of the court brief in this case clearly demonstrating that the parade of witnesses for this law, invited by the Republican majority, lied about the procedure, its necessity, the training conducted for it, and the effect of the law on all late term pregnancy procedures.  Do you want legislators passing laws based on political posturing and lies?

The Patriot Act is just one well-known example of a law that is poorly written, politically motivated, and passed under circumstances that do not allow careful consideration.  Moreover, it provides a perfect example of the majority using law to run roughshod over a minority.  Do you want legislators passing laws to forcibly take away rights of a minority?  Isn't that exactly why we need limits, and courts willing to enforce them?

I remember reading of a lethal disease in some males of Scandinavian descent, in about 17% of this population.  It can be cured with tissue donations from a white male with similar DNA.  No "pro-life" groups are talking about getting these white men to donate so much as a single cell to save a life.  Certainly no one is talking about laws to make this happen.  Also, no one is talking about requiring blood donations under any circumstances, even though it is a minor intrusion over a few minutes and certainly saves lives.  If we weren't talking about women here, well, we wouldn't even be talking.



Forgot to mention incorporation doctrine (PM - 4/19/2007 10:32:51 PM)
Whenever people talk about judicial activism in a critical way, they usually do not realize that they can thank their lucky stars that the Supreme Court used the incorporation doctrine to make the Bill of Rights applicable to the states and local governments.  It is a very complicated subject, but essentially the Court got there through the due process clause of the 14th amendment.  (Note: not all parts of the Bill of Rights have been incorporated, but the important ones have.)

What does it mean?  It means that if it had not been for the incorporation doctrine, your First Amendment rights, for example, would only apply against federal prosecution.  Or your right to a trial by jury.

This incorporation effort started in about 1925 and picked up steam through the 1960s.  Many of these Supreme Courts were filled with what now would be regarded as crusty old conservatives.  There are still people who bitch about the doctrine.  But it was the right thing to do legally and morally.

And it was the Supreme Court that made sure our essential liberties were not lost in a legal loophole.  Because you just know that certain states have a rather regressive tendency and would be only too happy to curtail the rights of some of its citizens.

There's a summary (sort of choppily written) in Wikipedia at http://en.wikipedia....



Answers. (loboforestal - 4/20/2007 8:17:13 AM)
Legislatures?  yes.

Making medical decisions? yes.

Do I want legislators passing laws abased on political posturing.  no.

Do you have any citations for your last paragraph?

I feel very comfortable in having the legislature making laws on the issues I've mentioned.  Americans can throw the bums out if they don't like the laws.  That's the best way to handle it.  If I were a judge, I would simply concur with any decision by the legislature made on these issues.