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Posted on 10/03/2002 10:52:55 PM PDT by Question_Assumptions
THE LINGERING PROBLEMS WITH ROE V. WADE, AND WHY THE RECENT SENATE HEARINGS ON MICHAEL MCCONNELL'S NOMINATION ONLY UNDERLINED THEM
By EDWARD LAZARUS
elazarus@findlaw.com
Thursday, Oct. 03, 2002
Within the circle of former clerks to Justice Harry Blackmun, I have more than occasionally been taken to task for breaking with the party line and sharply criticizing Roe v. Wade, the opinion that will forever stand as the Justice's most famous contribution to American jurisprudence. But over the years, I've come to believe even more strongly that my initial doubts about the decision were valid.
Over the last few weeks, as the Senate completed another chapter in the sorry saga that we call the judicial nomination process, we were treated to another lesson in why Roe must be ranked among the most damaging of judicial decisions. The case in point is the nomination of Professor Michael McConnell to the U.S. Court of Appeals for the Tenth Circuit - on which the Senate held hearings last month.
McConnell is a prominent and ideologically conservative academic who nonetheless enjoys a fair amount of bipartisan support. For reasons I will explain, it would be more than reasonable for the Senate to reject McConnell. But it should not do so because of his views on Roe. Sadly, however, if McConnell's nomination fails, that will be why.
(Excerpt) Read more at writ.news.findlaw.com ...
On Roe v Wade ... THE EMPEROR HAS NO CLOTHES!
In decades to come, the true "worth" of Roe shall be seen for what it is, a colossal judicial mistake, an outright pandering to a wealthy and influential monority of the nation which bitterly divided our country. "Roe v Wade", the "Dred Scott Decision" of the 20th century...
the infowarrior
Before Roe, the right to contraception established in Griswold v. Connecticut and Eisenstadt v. Baird was a concept that was already barely hanging onto the high ledge of defensible constitutional thinking. In Roe, the Court added a 500 lb. lead weight. And the Court's been looking up at the ledge ever since.
That the judges based their decision and activist framework on Griswold and Eisenstadt tells one immediately that they considered abortion as a means of contraception. THERE is the fundamental flaw upon which they built a sanction for serial killing of innocent, helpless individual human beings. Abortion is not contraception.
When right to privacy is connected to contraception, even this old codger is in agreement ... a woman ought have the absolute right to choose to not get pregnant (I'm not Catholic, as one may readily surmise); forcing her to become pregnant is enslavement. HOWEVER, once a new individual life is conceived, to completely ignore the humanity of the more vulnerable in favor of killing that individual to provide 'privacy' to the life support woman is heinous twisting to three thousand years of legal and medical development!
Measure, if you will, the as much as eight months of pregnancy (it takes app. a month to realize for sure that she is giving life support) to the entirety of a lifetime snuffed out by a sanctioned serial killer. Roe establishes murder as an acceptable social policy ... pernicious liberalism at its most inhumane level. Sadly, the author of this article is so blind to his socialist liberalism that he cannot see the issue for what it is.
Yep...MUD
This author views that a judge's responsibility and duty is "to interpret" the Constitution. A judge is to "uphold" the Constitution, not interpret it. IMO "interpreting the Constitution" was what brought about Roe vs Wade in the first place.
Furthermore, judges "writing policies into the law" isn't something a judge is supposed to do either. Only the Legislature is supposed to write anything into law.
Exactamundo, MrB!!
FReegards...MUD
Isn't it a tenet of at least some feminism that logic is an outdated remnant of patriarchy?
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