Thursday, April 19, 2007
Gonzales v. Carhart
The End of the Beginning or the Beginning of the End?
Seems the Supreme Court ruled in favor of a limited ban on certain kind of mid-to-late term abortion procedure. Is this the beginning of the end of abortion rights or merely the debate entering a new phase of debate.
Ultimately I think the court will over turn Roe. Without commenting on whether or not they should, the imposition of Roe and its absolute sway for more than forty years has served to radicalize both sides of the reproductive rights debate and suppressed the possibility of finding a consensus. The pro-choicers cry is for "Free Abortion on Demand!" and the pro-lifers call is for a ban on all abortions (and probably all contraception too). Most of us don't fall into either of those camps.
That being said, if I were I women, I certainly would rather have a person in a white robe make decisions on the appropriate procedure related to my pregnancy than say a judge or worse yet, a Congressman.
Roe allows for restrictions on abortion access in the later stages of pregnancy, so a quick read of this decision does not put in at odds with Roe precedent nor does it chip away at Roe. It has only been in application that the rights granted by Roe have been made absolute. But clearly a shift in tenor of the court. So the pendulum begins its reverse arc. It will be interesting to see where it stops.
I'll read the case on the plane today, back with more thoughts later....
Seems the Supreme Court ruled in favor of a limited ban on certain kind of mid-to-late term abortion procedure. Is this the beginning of the end of abortion rights or merely the debate entering a new phase of debate.
Ultimately I think the court will over turn Roe. Without commenting on whether or not they should, the imposition of Roe and its absolute sway for more than forty years has served to radicalize both sides of the reproductive rights debate and suppressed the possibility of finding a consensus. The pro-choicers cry is for "Free Abortion on Demand!" and the pro-lifers call is for a ban on all abortions (and probably all contraception too). Most of us don't fall into either of those camps.
That being said, if I were I women, I certainly would rather have a person in a white robe make decisions on the appropriate procedure related to my pregnancy than say a judge or worse yet, a Congressman.
Roe allows for restrictions on abortion access in the later stages of pregnancy, so a quick read of this decision does not put in at odds with Roe precedent nor does it chip away at Roe. It has only been in application that the rights granted by Roe have been made absolute. But clearly a shift in tenor of the court. So the pendulum begins its reverse arc. It will be interesting to see where it stops.
I'll read the case on the plane today, back with more thoughts later....
Labels: Abortion, Courts, etc.
