So, it’s interesting that “Mary Doe” in the U.S. Supreme Court cast that was the partner case to Roe vs. Wade – has denounced abortion and said that it harms women. Did she have a special voice as a woman seeking an abortion – and if so, does she have any particular standing to denounce the procedure?
I don’t think so. A legal case stands or falls on its merits, not because the plaintiffs have a change of heart 20 or 30 years down the road.
It’s actually “Jane Roe,” a.k.a. Norma McCorvey, who has decided abortion is evil after all. But I agree with Blalron, who started a thread about this subject when it was current. Her opinion is wholly irrelevant. Just because she’s wrong in her view about abortion doesn’t mean others don’t need it.
Whaaa! Restate that please!
Well, that’s what I meant to say. My phrasing is either awful or weird. I’m sure “doesn’t mean others don’t need it” sounds like a double-negative, but it’s not. It’s triple. Others need it.
Translated: “the fact that she NOW thinks abortion is wrong and harmful - which implies she feels she should never have had one - does not change the fact that other women do need abortions. McCorvey’s opinion on the subject, though it might make an interesting postscript, doesn’t change reality.”
In any event, Roe v. Wade was a test case. If Norma McCorvey hadn’t wanted an abortion at that particular time, someone else who did would’ve taken her place and nothing else would’ve changed.
No, it’s actualy both Jane Roe and Mary Doe, plaintiff in Doe v. Bolton who have come to a new pro-life perspective.
Do either of them have standing to do anything about thecourt cases that hinged on their complaints back in the 70s? No.
Do either of them have standing to make public statements about their current point of view, including denouncing the procedure or the court cases they began? Absolutely, and if they feel strongly about the issue (and they clearly do) then all the more reason. More power to them.
Found a link: http://www.usatoday.com/news/nation/2003-06-20-roe-vs-wade_x.htm
Kind of an odd response! (hilighting mine) :eek:
That’s right. Norma “Jane Roe” McCorvey and Sandra “Mary Doe” Cano have both spoken out against these decisions. This is more than just a change of heart on their parts, though. They’re complaining about having been dishonestly represented in these landmark cases. Search for their names through a search engine and you’ll find any number of articles on this matter.
As others have pointed out, these cases can’t be overturned based merely on the current stance of these women. They doubtlessly know that. By speaking out, they surely seek to target public opinion, rather than the Supreme Court’s decisions.
Actually, Roe v. Wade should be overturned for the simple reason that the Court was in error, albeit deliberate, in hearing “Roe” under the pretext of a “privacy” issue.
The politics of feminism was in high-gear during the Supreme Court sessions of 1972 - 73, and the pretext of “privacy” was the issue put before the court by those pushing the agenda. The Court, sympathetic to the politics of feminism, accepted the pretext as a basis for hearing the case.
But, there was no violation of “privacy” involved in “Roe”. The Texas law that was brought before the Court, was a law that forbade a specific medical proceedure.
This law was, in no way, a violation of anyone’s “right to privacy” anymore than a state’s law against gambling is not an infringement of one’s right to privately spend their own money as they see fit.
The Supreme Court, in hearing “Roe” under the pretext of a “right to privacy” violation, illustrated its willingness to prostitute itself for an agenda, rather than perform its proper function.
While Razorsharp may have a point about judicial activism, I’m rather afraid that he has expressed enough ignorance of how law works in the previous Ten Commandments threads that anything he says can not be taken very seriously without further input from people who actually can speak the law. Minty?
How about Justice Ruth Bader Ginsburg?:
What, you want me to start yet another thread on abortion, substantive due process, and the so-called “right to privacy”?
Sure do, Minty! And that’s what I wanted to see, Bob.
So… she’s not saying it was wrong to do it that way, just that it would have been better to do it another way. I don’t see how it follows that
Minty?
**I don’t think she’s arguing that it should be overturned. She’s smart enough to recognize the inertia of long-established law, however specious the logic was that launched it; perhaps she does have a strong “equality” argument in her hip pocket.
But she is strongly suggesting, it seems to me, that this was inappropriate judicial activism that used privacy as an unwarranted foundation.
I will cite that great Constitutional scholar, minty green, in pointing out that the other amendment referenced in the decision, the Ninth, is one that has no real basis as a foundation for a decision:
Outside of the redundant references to the 9th in Griswold v. Connecticut and Roe v. Wade, the Supreme Court has not done a darned thing with it. James Madison, who wrote the text of the amendment, was quite clear that it was nothing more than a rule of construction, not an independent basis for recognition of any asserted legal right.
So, we are left with a decision based on the fourteenth amendment, a questionable approach according to Ginsburg, and on the ninth, which is a mirage of a foundation (I agree with minty). That’s why there are pro-choice constitutional scholars who still disagree with the decision.
*Originally posted by E-Sabbath *
**While Razorsharp may have a point about judicial activism, I’m rather afraid that he has expressed enough ignorance of how law works in the previous Ten Commandments threads that anything he says can not be taken very seriously without further input from people who actually can speak the law. Minty? **
Oh, horse hockey… I’ve kicked Minty’s butt on both “freedom of choice” and the 2nd Amendment. Sure, he/she may be able to “speak the law”, but when the law is twisted and perverted to accomodate an agenda, what credence can one be given for “speaking the law”?
As for your assertion that I expressed “ignorance of how law works in the previous Ten Commandments threads”, I wasn’t really commenting on the law. I was commenting on liberals and the inherent hypocrisy of liberalism. It went something like this:
There is something that just rubs me the wrong way about many of those who are applauding the Federal Court decision to force the state of Alabama to remove a display of the Ten Commandments from its Supreme Court Building – they just seem a wee bit too happy about it.
While masquerading as honorable guardians of the Constitution, a peek behind the mask reveals an ugly hostility toward religion as a whole, and Christianity in particular.
Yes, the First Amendment does forbid the making of any law respecting an establishment of religion, but, can any resonably thinking American equate the displaying of the Ten Commandmants to the making of a law that establishes an official state religion that the citizens must pay homage to?
But, in the twisted thinking of such groups as the American Civil Liberties Union and their minions, the mere display of the Ten Commandments does constitute such a violation of the Constitution. In fact, their regards for the First Amendment lends some rare insight into the mindset of their “Alice Through the Looking Glass” worldview. For instance:
Burning the American Flag is considered to be “speech”.
Displaying the Ten Commandments is considered the establishment of religion.
See, it’s all about twisting and perverting the words and meaning of the Constitution to accomodate an agenda.
Ever notice that, while portraying themselves as ever vigilant against any violation of the First Amendment, they are perfectly content with, and even encourage the enactment of, laws that violate the Second Amendment?
Oh, I am far from ignorant on how the law works. See, all that has to be done is to infect the judiciary with a liberal robed dictator that has no compunction against twisting and perverting the words and meaning of the “law”, so long as it accomodates the favored ideology.
Now, if you would like to address me personally on a point I have made, rather than making a snide third-person remark, you’re free to do so. Come on, show some guts.
Way to throw around political/legal theories without having the BALLS to express your own opinion about this subject, Razorsharp. Put your cards on the table.
Feel free to disregard this post if you don’t come equipped with ovaries.
Raz: Hush. And stop trying to hijack the thread.
Bob: Thank you for that link. I’ve, honestly, never quite understood the decisions. So, I suppose it can be said that they were the right decisions for the wrong reasons. But if there is an equally valid and much stronger pillar of law to hang them on, why were the decisions made is this more fragile manner?
As far as Roe and Doe… well, Roe appears to have changed directions faster than a weathercock, honestly. Doe, I don’t know much about. But is it all that surprising that someone who would hang on a radical edge would flipflop off it?
Burning the American Flag is considered to be “speech”.
Look up Texas vs Johnson, and then get back to me, Razorsharp.
Held:
Johnson’s conviction for flag desecration is inconsistent with the First Amendment. Pp. 402-420.
(a) Under the circumstances, Johnson’s burning of the flag constituted expressive conduct, permitting him to invoke the First Amendment. The State conceded that the conduct was expressive. Occurring as it did at the end of a demonstration coinciding with the Republican National Convention, the expressive, overtly political nature of the conduct was both intentional and overwhelmingly apparent.
*Originally posted by E-Sabbath *
Bob: Thank you for that link. I’ve, honestly, never quite understood the decisions. So, I suppose it can be said that they were the right decisions for the wrong reasons. But if there is an equally valid and much stronger pillar of law to hang them on, why were the decisions made is this more fragile manner?
I’m not sure there’s a strong alternate Constitutional argument. I haven’t heard one. I also believe that “right decisions for the wrong reasons” are terrible law and a recipe for problems downstream (though, FTR, I am pro-life, so I wouldn’t describe this decision as “right” in any respect).
I think Justice Rehnquist pointed out the most obvious non sequitur in the Roe v. Wade decision:
**To reach its result, the Court necessarily has had to find within the scope of the Fourteenth Amendment a right that was apparently completely unknown to the drafters of the Amendment. As early as 1821, the first state law dealing directly with abortion was enacted by the Connecticut Legislature. Conn. Stat., Tit. 22, 14, 16. By the time of the adoption of the Fourteenth Amendment in 1868, there were at least 36 laws enacted by state or territorial legislatures limiting abortion. While many States have amended or updated their laws, 21 of the laws on the books in 1868 remain in effect today. Indeed, the Texas statute struck down today was, as the majority notes, first enacted in 1857 and “has remained substantially unchanged to the present time.” Ante.
There apparently was no question concerning the validity of this provision or of any of the other state statutes when the Fourteenth Amendment was adopted. The only conclusion possible from this history is that the drafters did not intend to have the Fourteenth Amendment withdraw from the States the power to legislate with respect to this matter.
**So there you have it: a Fourteenth Amendment argument to strike down laws that the drafters of the amendment apparently had no issue with. I agree with Justice Rehnquist regarding the tortuous logic employed:
**Unless I misapprehend the consequences of this transplanting of the “compelling state interest test,” the Court’s opinion will accomplish the seemingly impossible feat of leaving this area of the law more confused than it found it.
**
*Originally posted by Bob Cos *
** I also believe that “right decisions for the wrong reasons” are terrible law and a recipe for problems downstream. **
I am completely in agreement with that portion of your post, Bob.
However, the honorable Judge Ginsburg seems, at least in that blurb above, to state a issue under right to privacy which she sees as stronger than the existing decision.
But I’m pro choice, if not fond of abortion. I would say “but I’ll agree to disagree”, but that sort of comes up with my end of things ‘winning’. So… you understand I respect your opinion on the matter, even if I disagree with it.