Abortion and the Supreme Court

Abortion and the Supreme Court

Okay, boys and girls.  It’s time for a lesson in civics.

The fate of legalized abortion rests with you – the voters.  Yeah, that might sound kind of corny but it’s true.

Let’s talk about whether or not abortion will remain legal in this country.  It drives me nuts when I hear someone say that Roe v Wade is “settled law.”  That’s total bull crap.  No, it’s double bull crap.

That issue of whether or not abortion will remain legal in this country ultimately rests with the U.S. Supreme Court.  Sure, the Congress could theoretically pass a constitutional amendment overturning Roe v Wade, but they tried that in the early 1980’s and got crushed.  They ain’t gonna try it again for a very, very long time.

So, the anti-abortion crowd has to look to the Supreme Court for assistance.  At this point, there are 6 members of the Court (out of 9) that appear to support legal abortion.  That includes Justices Sotomayer and Kagan, who have not voted on the issue publicly but who we assume are pro-choice.  I say it “appears” that we have six votes because most people count Justice Anthony Kennedy as pro-choice.  The problem is he is a wild card and has supported abortion restrictions.  Then there are three solid votes against legal abortion.  So far, so good.  The home team is up 6-3.

But let’s say that Kennedy suddenly starts having reservations about legal abortion for some reason.  If he switched, that brings the score to 5-4 in favor of Roe v Wade.  Then, jump to the year 2012 and suppose that President Obama is defeated for re–election, which is a distinct possibility at this point.  So, all of a sudden we have a President Palin or Gingrich (hand me the barf bag, please) to deal with come January, 2013.  Then, let’s say that one of our solid votes dies or resigns from the Court.  Justice Ginsburg, who is old and ill, comes to mind.  That means that the new right wing President suddenly has an opportunity to appoint a conservative judge who would be in favor of reversing Roe.  That makes if 5-4 for the bad guys.

Now, please don’t tell me that the Supreme Court relies very heavily on “precedent.”   That’s garbage.  The Supreme Court, as we saw in the Gore-Bush election case, is now a very partisan institution.  These are not sage, respected jurists who sit back with an open mind, then research the issue and hand down their opinion.  No, they already know how they feel about the basic issues and when a case comes before them they just pretend to listen to the oral arguments, then they go back to their chambers, tell their clerks what their decision is and instruct them to figure out the reasoning.

So, the bottom line is whether or not we have a pro-choice President or not.

And that’s entirely up to you.

Obama Pro Choice

Obama Pro Choice

A short while ago, former Governor, former Mayor, former VP candidate, former beauty queen and would-be czarina Sarah Palin said something very interesting.  Not smart, mind you, but interesting.   She said that President Obama was the “most pro-abortion President in our history.”

Wow, how’s that one!

Ironically, Ms. Palin’s comments actually made me think, as opposed to her usual comments which normally make my eyes roll into the back of my head.   What did she mean by that comment?

Well, we know he’s pro-choice, that’s very clear.  But what does it mean when you have a pro-choice President sitting in the White House?

The first thing, of course, is that if he had an opportunity, it means he will appoint a Supreme Court justice who will defend Roe v Wade.  Looks like he’s done that so far.

Next, there are various bills in the Congress that are supported by the pro-choice community.  The main one is the “Freedom of Choice Act,” which basically would codify the Roe v Wade decision.   That bill, which has been around as far back to the 1980’s when I worked at the National Abortion Rights Action League, has never gotten anywhere.  If I recall correctly, it’s never even had a hearing in a committee.  Sure, at some point during the campaign Obama did say he would sign that bill if it came to his desk but he knows damn well it ain’t getting to his desk.  And, believe me, he is not on the phone every day urging Members of Congress to co-sponsor that bill or to hold a hearing on it.  He just isn’t that dumb.

Then there was the health care bill where he had to sign an Executive Order – which is a really big deal – to confirm that NO money in any of these new programs would be used to subsidize abortions.  He practically put his kids up as collateral to confirm that not one dime would be used for abortion.  Indeed, the pro-choice groups are still pissed off at him for doing that.

So, the bottom line, as far as I can see, is that he has done nothing to promote a “pro-abortion” agenda.   Then what is Sarah thinking?   I started doing some research and, in an exclusive report, will now reveal some tapes we just uncovered that prove Ms. Palin’s point:

Abortion Oval Office

Abortion Oval Office

Scene:  The Oval Office

Raum Emmanuel (Chief of Staff):   “Good morning, Mr. President.  Do you have time to discuss today’s agenda?”

The President:  “Raum, my main man!  (High fives are exchanged).  Okay, I think for the next week our message should be that we need more abortions in this country.”

Emmanuel:   “Right on, Mr. President.  Exactly how do you propose we do that?”

The President:  “Well, the first thing we gotta do is stop subsidizing any forms of birth control.  Then, let’s make it illegal to get emergency contraception over the counter.  Let’s start pushing all of that abstinence-only crap.  And, finally, let’s propose that we give a $500 tax credit to anyone who has an abortion.”

Emmanuel:   “You da man!   I’ll get on it right away.”

The President:  “Cool.   This will definitely turn things around for us.  Okay, now I gotta pack for another vacation…”

Ken Cuccinelli Abortion

Ken Cuccinelli Abortion

A few days ago, Virginia’s Attorney General, Ken Cuccinelli (“the Cooch”), said in a legal opinion that the state’s Board of Health could “regulate” abortion clinics.  In response, the local pro-choice folks claimed that such action could close 17 of the state’s 21 abortion clinics.

The first bit of info that is missing here is that abortion clinics are already subject to a number of regulations on the state, federal and local level.  I mean, after all, they are MEDICAL facilities, aren’t they?  Does the Cooch think that their doctors don’t have licenses, that there is fetus blood all over the floors, that they do not use sterilized instruments?   Has he never heard of OSHA, CLIA, HIPPA and the other acronyms that mean nothing to me but strike fear in the heart of any medical office?

The second thing is:  what makes him think that abortion clinics need more regulations?   Has there suddenly been a series of deaths in the abortion clinics?   Are hundreds of women calling to complain about unsanitary conditions at these facilities?  Of course not.  To the contrary – abortion remains one of the simplest, hence, safest medical procedures available in this country.

The third thing that hits me is:   Has the Cooch ever been in an abortion clinic?  Has he ever toured one of the four abortion clinics that are right around the corner from his office in Richmond?   Does he even know how abortion clinics operate?  Of course, the answer is no.

What the Cooch and his allies are attempting to do is to close down abortion clinics, pure and simple.  Years ago, in South Carolina the state passed a number of regulations that basically required that abortion clinics be regulated as hospitals.  They required the clinics to widen their hallways.  They said the thermostat had to be set at a certain temperature.  They even required the clinic to control the insect population on the lawn.  I kid you not.  It was absolutely absurd.  As a result, two clinics that could not afford to make those very expensive changes went out of business.

That’s what the Cooch is trying to do in ole Virginny.   He is anti-abortion and this is just a sneaky way of pushing his anti-abortion agenda.  It has nothing to do with enhancing the safety of abortion or protecting women’s health.  This message is very confusing to me – he wants to outlaw abortion but he “cares” about the women and wants to make sure that they are getting the best abortion treatment.  That’s totally screwy.

On the other hand….yes, there’s always another hand.

The pro-choice groups are apoplectic.  Oh my God, they’re gonna close all of these clinics!   Women will not be able to get abortions.  Please join us in fighting the Cooch and, by the way, please send us a million dollars today so we can save women’s reproductive rights.

Okay, my fellow pro-choicers, calm down.

The fact is that the Cooch’s legal opinion says that the Virginia Board of Health could impose additional restrictions.  It’s all up to them.  They can take the Cooch’s cue and say thanks very much, but I got better things to do.  Or they could try to determine if there are actually some constructive new regulations that might benefit women.   We just don’t know what they’ll do.  Indeed, some observers of the Board are suggesting that the majority of its members will do nothing because they were appointed by the former pro-choice Democratic governor.

We’ll have to watch things closely, of course, and we appreciate local pro-choice organizations like Virginia NARAL.  Meanwhile, however, if I ran a clinic in Virginia, I’d be writing a letter to the Board of Health inviting them to visit my clinic so they can see how great my facility is.   I would tell them that if they have any constructive suggestions then of course I’d consider them, but I will oppose anything that is mere harassment.  Here’s a chance for abortion clinics in the state to take the high road and to remind everyone that they are upstanding medical facilities and not “back alley” abortion clinics.