Should prochoicers just give up and let Roe go? With the resignation of Sandra Day O'Connor, more people are asking that question. Democratic Party insiders quietly wonder if abandoning abortion rights would win back white Catholics and evangelicals. A chorus of pundits--among them David Brooks in the New York Times and the Washington Post's Benjamin Wittes writing in The Atlantic--argue that Roe's unforeseen consequences exact too high a price: on democracy, on public discourse, even, paradoxically, on abortion rights. By the early 1970s, this argument goes, public opinion was moving toward relaxing abortion bans legislatively--New York got rid of its ban in 1970, and one-third of states had begun to liberalize their abortion laws by 1973. By suddenly handing total victory to one side, Roe fueled a mighty backlash (and lulled prochoicers into relying on the courts instead of cultivating a popular mandate). In 1993 Justice Ruth Bader Ginsburg caused a flurry when she seemed to endorse this view: Roe, she declared in a speech, had "halted a political process that was moving in a reform direction and...prolonged divisiveness and deferred stable settlement of the issue." It's not an insane idea, even if most of its proponents (a) are men; (b) think Roe went too far; and (c) want abortion off the table because they are tired of thinking about it.
But of course, if the Court overturned Roe, abortion would not be off the table at all. It would be front and center in fifty state legislatures. According to What If Roe Fell: The State-by-State Consequences of Overturning Roe v. Wade, a report published this past fall by the Center for Reproductive Rights, abortion rights would be at immediate high risk in twenty-one states, moderate risk in nine and "secure" in only twenty.
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Legislative control might be more "democratic"--if you believe that a state senator balancing women's health against a highway for his district represents democracy. But would it be fair? The whole point about constitutional protection for rights is to guarantee them when they are unpopular--to shield them from majority prejudice, opportunistic politicians, the passions and pressures of the moment. Freedom of speech, assembly, worship and so on belong to us as individuals; our neighbors, our families and our legislators don't get to vote on how we use these rights or whether we should have them in the first place. Alabamans may be largely antichoice, but what about the ones who aren't? Or the ones who are but even so don't want to die in childbirth, bear a hopelessly damaged baby or drop out of school at 15--or 25? If Roe goes, whoever has political power will determine the most basic, intimate, life-changing and life-threatening decision women--and only women--confront. We will have a country in which the same legislature that can't prevent some clod from burning a flag will be able to force a woman to bear a child under whatever circumstances it sees fit. It is hard to imagine how that woman would be a free or equal citizen of our constitutional republic.
Democrats need to reach out to voters who oppose abortion rights and promote candidates who share that view, the head of the party said Friday.
Howard Dean, chairman of the Democratic National Committee, told a group of college Democrats that their party has to change its approach in the debate over abortion.
"I think we need to talk about this issue differently," said Dean. "The Republicans have painted us as a pro-abortion party. I don't know anybody in America who is pro-abortion."
Dean's approach echoed similar arguments advanced in recent months by former President Clinton and Sen. Hillary Rodham Clinton, D-N.Y.
"We do have to have a big tent. I do think we need to welcome pro-life Democrats into this party," said Dean.
Speaking at a conference of the 9th U.S. Circuit Court of Appeals, O'Connor cited the role of Ukraine's highest court in resolving the crisis over last year's presidential election as a ``transforming moment'' in the promotion of an independent judiciary in other nations.
``In our country today we're seeing efforts to prevent that, a desire not to have an independent judiciary,'' she said. ``That worries me.''
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O'Connor said efforts in Congress to restrict federal court jurisdiction to decide particular issues were ``a new approach that's worrisome.''
Legislation introduced earlier this year would bar the Supreme Court from reviewing any government official's ``acknowledgment of God'' as the source of law or government.
July 22 (Bloomberg) -- Two top White House aides have given accounts to a special prosecutor about how reporters first told them the identity of a CIA agent that are at odds with what the reporters have said, according to people familiar with the case.
Lewis ``Scooter'' Libby, Vice President Dick Cheney's chief of staff, told special prosecutor Patrick Fitzgerald that he first learned from NBC News reporter Tim Russert of the identity of Central Intelligence Agency operative Valerie Plame, the wife of former ambassador and Bush administration critic Joseph Wilson, one person said. Russert has testified before a federal grand jury that he didn't tell Libby of Plame's identity, the person said.
White House Deputy Chief of Staff Karl Rove told Fitzgerald that he first learned the identity of the CIA agent from syndicated columnist Robert Novak, according a person familiar with the matter. Novak, who was first to report Plame's name and connection to Wilson, has given a somewhat different version to the special prosecutor, the person said.
These discrepancies may be important because Fitzgerald is investigating whether Libby, Rove or other administration officials made false statements during the course of the investigation. The Plame case has its genesis in whether any administration officials violated a 1982 law making it illegal to knowingly reveal the name of a covert intelligence agent.
About two-thirds of the women had benign lumps made up of cells that weren't actively growing. The good news is that this most common type of benign tissue didn't increase the risk of developing breast cancer much at all, over an average of ten years after diagnosis.
But, Senay points out, two other types of benign tissue did come with an increased risk. Thirty percent of the women had benign but actively growing cells, and about four percent had atypical, or abnormal-looking cells that were actively growing. Even though they're considered benign, these cells are important to identify because they do elevate the risk of developing breast cancer. They need to be monitored closely and preventive measures could be considered.
Most benign breast lumps don't raise risk
Benign breast disease increases cancer risk
Small explosions at three London subway stations and on a double-decker bus shut down part of the city's transportation system Thursday but caused no significant casualties or damage, and Prime Minister Tony Blair encouraged people to resume their normal activities.
London's police commissioner, Ian Blair, described the explosions as "attempts" to cause more serious damage. British news media reported that detonators had gone off, but not major bombs, possibly indicating that a terrorist attack meant to be similar to a devastating series of blasts two weeks ago had failed because of faulty explosives.
Much of Coulter's Jun. 29, 2005 column, "Thou Shall Not Commit Religion," bears a striking resemblance to pieces in magazines dating as far back as 1985—and a column written for the Boston Globe in 1995.
A RAW STORY examination found Coulter's work to be at worst plagiarism and at best a cut-and-paste repetition of points authored by conservative religious groups in the early 1990s. These groups sought to de-fund the National Endowment for the Arts, detailing projects paid for by the NEA they dubbed "obscene."
The campaign traces back to an assault on the NEA mounted by the American Family Association in 1989. After press conferences held by the group's leader Rev. Donald Wildon, then-Sen. Jesse Helms (R-NC) slipped an amendment into a Senate bill that would have axed federal funding for "obscene art." It never passed the House.
Coulter employs the same NEA talking points in her Jun. 29 column written in the wake of a ruling barring the Ten Commandments from public places. She lists various identical "obscene" projects she says taxpayers have funded. All of the excerpts below compare this column with earlier texts.
My wife is in heaven!
Whether or not the Senate confirms the President's nomination of John G. Roberts, Jr. to the high court may actually be up to people like you and me. We must stand together and let our voices be heard! We must urge the Senate Judiciary Committee to do its work well - to strongly approve Judge Roberts and pass his nomination on quickly to the full Senate for a vote.
"A culture of life can never be built as long as Roe v. Wade is the law of the land," said Operation Rescue President Troy Newman.
"We appreciate President Bush being a man of his word by appointing a judge that will respect the Right to Life acknowledged by our nation's founding documents," said Newman. "We pray that Roberts will be swiftly confirmed."
"Our nation has suffered enough under decades of liberal activist judges legislating from the bench," said OR spokesperson Cheryl Sullenger. "After 45 million dead children, we are guardedly optimistic that the confirmation of Judge Roberts will be a step toward restoring protections for the pre-born that were stolen from them in 1973."
The draft chapter, circulated discreetly in recent days, has ignited outrage among women's groups, which held a protest on Tuesday morning in downtown Baghdad at the square where a statue of Saddam Hussein was pulled down by American marines in April 2003.
One of the critical passages is in Article 14 of the chapter, a sweeping measure that would require court cases dealing with matters like marriage, divorce and inheritance to be judged according to the law practiced by the family's sect or religion.
Under that measure, Shiite women in Iraq, no matter what their age, generally could not marry without their families' permission. Under some interpretations of Shariah, men could attain a divorce simply by stating their intention three times in their wives' presence.
Article 14 would replace a body of Iraqi law that has for decades been considered one of the most progressive in the Middle East in protecting the rights of women, giving them the freedom to choose a husband and requiring divorce cases to be decided by a judge.
Ms. Arayess, the Shiite drafter, said some of the writers were considering keeping the quota for the next two terms of the parliament before allowing it to lapse. After that, she said, women should be able to stand on their own.
Advocacy groups on the right say that Roberts, a 50-year-old native of Buffalo, N.Y., who attended Harvard Law School, is a bright judge with strong conservative credentials he burnished in the administrations of former Presidents Bush and Reagan. While he has been a federal judge for just a little more than two years, legal experts say that whatever experience he lacks on the bench is offset by his many years arguing cases before the Supreme Court.
Liberal groups, however, say Roberts has taken positions in cases involving free speech and religious liberty that endanger those rights. Abortion rights groups allege that Roberts is hostile to women's reproductive freedom and cite a brief he co-wrote in 1990 that suggested the Supreme Court overturn Roe v. Wade, the landmark 1973 high court decision that legalized abortion.
"The court's conclusion in Roe that there is a fundamental right to an abortion ... finds no support in the text, structure or history of the Constitution," the brief said.
Some of the lowlights of Judge Robert's background include:
As Deputy Solicitor General, Roberts argued in a brief before the U.S. Supreme Court (in a case that did not implicate Roe v. Wade) that "[w]e continue to believe that Roe was wrongly decided and should be overruled…. [T]he Court's conclusion in Roe that there is a fundamental right to an abortion… finds no support in the text, structure, or history of the Constitution."
In Rust v. Sullivan, the Supreme Court considered whether Department of Health and Human Services regulations limiting the ability of Title X recipients to engage in abortion-related activities violated various constitutional provisions. Roberts, appearing on behalf of HHS as Deputy Solicitor General, argued that this domestic gag rule did not violate constitutional protections.
Roberts, again as Deputy Solicitor General, filed a "friend of the court" brief for the United States supporting Operation Rescue and six other individuals who routinely blocked access to reproductive health care clinics, arguing that the protesters' behavior did not amount to discrimination against women even though only women could exercise the right to seek an abortion.
The Court was so accustomed to the Solicitor General and the Deputy Solicitor General arguing for the overturn of Roe that during John Roberts's oral argument before the Supreme Court in Bray, a Justice Asked, "Mr. Roberts, in this case are you asking that Roe v. Wade be overruled?" He responded, "No, your honor, the issue doesn't even come up." To this the justice said, "Well, that hasn't prevented the Solicitor General from taking that position in prior cases."
The great triangulator's point was that Democrats can't win the presidency if they don't campaign earnestly among churchgoing Christians—he noted that he got 75 percent more Evangelical votes in 1996 than John Kerry did in 2004. He suggested that Roe v. Wade was the unfortunate beginning of the end of civility between left and right. He said the Democrats are wrong to deny that malpractice suits don't drive up medical costs. And about the current war he said, "This is not Vietnam. I wouldn't set a deadline [for the withdrawal of troops]. I agree with the president." If anyone but him had said the same thing about Iraq, there would have been boos and hisses, as there had been the night Evan Thomas said he thought the administration had sincerely believed Saddam had WMD stockpiles.
Q There are news reports this morning that parents and children who were guests of the President, when they visited Congress, wore stickers with the wording, "I was an embryo." And my question is, since all of us were once embryos, and all of us were once part sperm and egg, is the President also opposed to contraception, which stops this union and kills both sperm and egg?
MR. McCLELLAN: I think the President has made his views known on these issues, and his views known –
Q You know, but what I asked, is he opposed -- he's not opposed to contraception, is he?
MR. McCLELLAN: Well, and you've made your views known, as well. The President –
Q No, no, but is he opposed to contraception, Scott? Could you just tell us yes or no?
MR. McCLELLAN: Les, I think that this question is –
Q Well, is he? Does he oppose contraception?
MR. McCLELLAN: Les, I think the President's views are very clear when it comes to building a culture of life –
Q If they were clear, I wouldn't have asked.
MR. McCLELLAN: -- and if you want to ask those questions, that's fine. I'm just not going to dignify them with a response.
Q I have one follow up. Nineteen members of Congress from seven states have written a letter to the President saying that they are still waiting for an answer to a May 26th question: Is the President opposed to contraception. And my question is, could they now have an answer to my question? Or do you regard them, too, as not to be dignified with a response?
MR. McCLELLAN: No, I think we've talked about these issues before and these issues when it comes to the federal government and programs aimed at promoting abstinence and how those ought to be funded on at least equal footing with other programs, so I think we've addressed the President's views in that context.