Not so surprising, a conservative Supreme Court granting the Bush Adminstration his « holy and only victory » on what they consider as « evil abortionists ». This is a real setback on a woman’s right to make decisions about her health. Shame on you!!!

April 19, 2007
Editorial

Denying the Right to Choose

Among the major flaws in
yesterday’s Supreme Court decision giving the federal government power
to limit a woman’s right to make decisions about her health was its
fundamental dishonesty.

Under the modest-sounding guise of following existing precedent,
the majority opinion — written by Justice Anthony Kennedy and joined by
Chief Justice John Roberts and Justices Clarence Thomas, Antonin Scalia
and Samuel Alito — gutted a host of thoughtful lower federal court
rulings, not to mention past Supreme Court rulings.

It severely eroded the constitutional respect and protection
accorded to women and the personal decisions they make about pregnancy
and childbirth. The justices went so far as to eviscerate the crucial
requirement, which dates to the 1973 ruling in Roe v. Wade, that all
abortion regulations must have an exception to protect a woman’s health.

As far as we know, Mr. Kennedy and his four colleagues responsible
for this atrocious result are not doctors. Yet these five male justices
felt free to override the weight of medical evidence presented during
the several trials that preceded the Supreme Court showdown. Instead,
they ratified the politically based and dangerously dubious
Congressional claim that criminalizing the intact dilation and
extraction method of abortion in the second trimester of pregnancy —
the so-called partial-birth method — would never pose a significant
health risk to a woman. In fact, the American College of Obstetricians
and Gynecologists has found the procedure to be medically necessary in
certain cases.

Justice Kennedy actually reasoned that banning the procedure was
good for women in that it would protect them from a procedure they
might not fully understand in advance and would probably come to
regret. This way of thinking, that women are flighty creatures who must
be protected by men, reflects notions of a woman’s place in the family
and under the Constitution that have long been discredited, said a
powerful dissenting opinion by Justice Ruth Bader Ginsburg, joined by
Justices John Paul Stevens, David Souter and Stephen Breyer.

Far from being compelled by the court’s precedents, Justice
Ginsburg aptly objected, the new ruling is so at odds with its
jurisprudence — including a concurring opinion by Justice Sandra Day
O’Connor (who has now been succeeded by Justice Alito) when a
remarkably similar state abortion ban was struck down just seven years
ago — that it should not have staying power.

For anti-abortion activists, this case has never been about just one
controversial procedure. They have correctly seen it as a wedge that
could ultimately be used to undermine and perhaps eliminate abortion
rights eventually. The court has handed the Bush administration and
other opponents of women’s reproductive rights the big political
victory they were hoping to get from the conservative judges Mr. Bush
has added to the bench. It comes at a real cost to the court’s
credibility, its integrity and the rule of law.

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Un commentaire pour Not so surprising, a conservative Supreme Court granting the Bush Adminstration his « holy and only victory » on what they consider as « evil abortionists ». This is a real setback on a woman’s right to make decisions about her health. Shame on you!!!

  1. Fred dit :

    Je ne puis cher Monsieur, que vos inviter à venir faire un tour sur mon blog…

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