WILL THE REPUBLICANS OVERTURN ROE VS. WADE?
Posted in political on January 17th, 2006
The grilling part of the confirmation hearings are over for Samuel A. Alito and barring a filibuster (unlikely) by the Dems, he should be voted on and by my best guess, confirmed. The Democrats did their best to derail it though, sending in their two Senators voted “most likely to win their state no matter what they do or did” Ted Kennedy (D-Mass) and Robert Byrd (D-Va).( For more on Ol’ Bobby Byrd see my previous column) Ted did his best without using the words car, water, or drown and Byrd kept us entertained with his antics designed to make us forget he once thought hanging black folks from trees was good fun. But alas, it was all for naught.
Samuel Alito will be confirmed and another right wing Supreme Court Justice is just what is needed to overturn Roe vs. Wade. The scales of justice have been tipped. Sandra Day O’Connor has been the swing vote on most abortion issues and now she’s gone. For the pro-choice crowd it most seem all is lost. Or is it?
Roe vs. Wade was a monumental decision on Jan. 22, 1973. At issue was whether a state, in this case Texas, could outlaw abortion. The decision was finally handed down 7-2 with Justices William Rehnquist (R) and Byron White (D) dissenting. Harry Blackmum (R) wrote the Majority Opinion along with Warren Burger (R), William Douglas (D), Potter Stewart (R), Thurgood Marshal (D),William Brennan (R), and Lewis Powell (R). The majority ruled against the state of Texas and abortion was legal across the U.S. The first thing that struck me when I researched this (yes, I do research) was that it was Republican appointees that gave us Roe vs. Wade. Check out the numbers, 4 Republicans vs 3 Democrats for the majority. To top it off a Republican wrote the Majority Opinion that is the basis for all future precedents. Once again the masses are deceived.
I, myself, felt sure it was a Democrat controlled Supreme Court that passed Roe vs. Wade. See how wrong perceptions can be. In fact, the Republican appointees have held the majority ever since. There have only been 2 Democrat appointments out of the past 13 positions. Man, the right wing Christians have got to be pissed! They have a 7-2 majority now even before Alito gets confirmed. In fact Sandra Day O’Connor herself was appointed by Reagan.
How can this be, you ask? Why hasn’t Roe vs Wade been overturned? Well, the answer both sides give you is that a few “swing” justices like Kennedy and O’Connors have seen the light and put partisan politics aside to support what they believe. Democrats will swear that buy fighting back conservative nominees they got Republicans to put up more “mainstream” nominees. Bull wastings. Only the Senate gets to vote and most of the time Republicans have had plenty of votes to force their nominees through. So we get the show, Democrats accept the “swings’ with open arms and Republicans mumble ‘traitors’. Justices Souter and Stevens stay on the sidelines and provide just enough support to “almost” get Roe vs Wade overturned.
This is all too staged for me to accept. Let me shine some light on the backstage.
Since Roe vs Wade happened the Republican party has had a blitzkrieg on the Democrats. With money flowing in from Christians and anti-abortion groups, the base never looked better. And best of all, these folks are passionate. They’ll march, hand out leaflets, carry signs, organize, and vote religiously like no group the Dems have. Overturn Roe vs. Wade and they all go home to their home states to fight. You see, abortion can still be legal state to state, Roe vs. Wade made it unconstitutional to illegalize it. They now have to outlaw it one state at a time. Some states will be on the fence and they will be the new battlegrounds. All the money and volunteers will dry up at the federal level.
For all the bad things that will befall the Republican Party, an equal amount of good things will rain on the Dems. Their new found base will be energized as never before. “Give us back our rights” will be the rallying cry across the U.S. and money and volunteers will pour in.
The interesting thing in all this is to watch the play unfold. The Republicans have to act like they’re trying to overturn Roe vs. Wade while committing a balancing act on the Supreme Court to make sure it doesn’t happen. Good, loyal turncoats are hard to find. Why do you think Harriet Miers showed up? A trusted friend of G. W., she could maintain the balance when needed. The Dems, not taking the bait, bitched their way (along with right-wing Christians) to someone way more conservative. Does that make sense? Sure, if you want Roe vs. Wade overturned. Dems knew the game, make the Republicans appoint someone who overturns Roe vs. Wade then watch their numbers disappear. Blame right-wing Christians who never vote for you anyway and win over moderates.
So, H.C., is it or is it not going to be overturned? My opinion remains “no”. Alito and John Roberts both claim to accept “Res Judicata”, which in law terms means “a thing ajudged” or done, over, decided. The game is still being played with Republican players and in the end they will say it has already been decided and too much law has been built around the precedent. Right-wing Christians will scream bloody murder (literally) but will only get more restrictions put on abortion like parental notification and an end to partial-birth abortions. Look for abortion clinics to get a few more regulations, but otherwise, abortion will remain legal. Right-wing Christians will continue voting Republican and pro-choice women will religiously vote Democrat and both parties will continue to fight for something other than what they’re telling us. H.C.
P.S. An update.
Since this article was printed Jan. 17, Democrats have moved John Kerry to the front against Alito. Byrd has oddly changed his position to being for Alito. Very strange, but this is an election year for him. H.C.
Posted in political on January 17th, 2006
The grilling part of the confirmation hearings are over for Samuel A. Alito and barring a filibuster (unlikely) by the Dems, he should be voted on and by my best guess, confirmed. The Democrats did their best to derail it though, sending in their two Senators voted “most likely to win their state no matter what they do or did” Ted Kennedy (D-Mass) and Robert Byrd (D-Va).( For more on Ol’ Bobby Byrd see my previous column) Ted did his best without using the words car, water, or drown and Byrd kept us entertained with his antics designed to make us forget he once thought hanging black folks from trees was good fun. But alas, it was all for naught.
Samuel Alito will be confirmed and another right wing Supreme Court Justice is just what is needed to overturn Roe vs. Wade. The scales of justice have been tipped. Sandra Day O’Connor has been the swing vote on most abortion issues and now she’s gone. For the pro-choice crowd it most seem all is lost. Or is it?
Roe vs. Wade was a monumental decision on Jan. 22, 1973. At issue was whether a state, in this case Texas, could outlaw abortion. The decision was finally handed down 7-2 with Justices William Rehnquist (R) and Byron White (D) dissenting. Harry Blackmum (R) wrote the Majority Opinion along with Warren Burger (R), William Douglas (D), Potter Stewart (R), Thurgood Marshal (D),William Brennan (R), and Lewis Powell (R). The majority ruled against the state of Texas and abortion was legal across the U.S. The first thing that struck me when I researched this (yes, I do research) was that it was Republican appointees that gave us Roe vs. Wade. Check out the numbers, 4 Republicans vs 3 Democrats for the majority. To top it off a Republican wrote the Majority Opinion that is the basis for all future precedents. Once again the masses are deceived.
I, myself, felt sure it was a Democrat controlled Supreme Court that passed Roe vs. Wade. See how wrong perceptions can be. In fact, the Republican appointees have held the majority ever since. There have only been 2 Democrat appointments out of the past 13 positions. Man, the right wing Christians have got to be pissed! They have a 7-2 majority now even before Alito gets confirmed. In fact Sandra Day O’Connor herself was appointed by Reagan.
How can this be, you ask? Why hasn’t Roe vs Wade been overturned? Well, the answer both sides give you is that a few “swing” justices like Kennedy and O’Connors have seen the light and put partisan politics aside to support what they believe. Democrats will swear that buy fighting back conservative nominees they got Republicans to put up more “mainstream” nominees. Bull wastings. Only the Senate gets to vote and most of the time Republicans have had plenty of votes to force their nominees through. So we get the show, Democrats accept the “swings’ with open arms and Republicans mumble ‘traitors’. Justices Souter and Stevens stay on the sidelines and provide just enough support to “almost” get Roe vs Wade overturned.
This is all too staged for me to accept. Let me shine some light on the backstage.
Since Roe vs Wade happened the Republican party has had a blitzkrieg on the Democrats. With money flowing in from Christians and anti-abortion groups, the base never looked better. And best of all, these folks are passionate. They’ll march, hand out leaflets, carry signs, organize, and vote religiously like no group the Dems have. Overturn Roe vs. Wade and they all go home to their home states to fight. You see, abortion can still be legal state to state, Roe vs. Wade made it unconstitutional to illegalize it. They now have to outlaw it one state at a time. Some states will be on the fence and they will be the new battlegrounds. All the money and volunteers will dry up at the federal level.
For all the bad things that will befall the Republican Party, an equal amount of good things will rain on the Dems. Their new found base will be energized as never before. “Give us back our rights” will be the rallying cry across the U.S. and money and volunteers will pour in.
The interesting thing in all this is to watch the play unfold. The Republicans have to act like they’re trying to overturn Roe vs. Wade while committing a balancing act on the Supreme Court to make sure it doesn’t happen. Good, loyal turncoats are hard to find. Why do you think Harriet Miers showed up? A trusted friend of G. W., she could maintain the balance when needed. The Dems, not taking the bait, bitched their way (along with right-wing Christians) to someone way more conservative. Does that make sense? Sure, if you want Roe vs. Wade overturned. Dems knew the game, make the Republicans appoint someone who overturns Roe vs. Wade then watch their numbers disappear. Blame right-wing Christians who never vote for you anyway and win over moderates.
So, H.C., is it or is it not going to be overturned? My opinion remains “no”. Alito and John Roberts both claim to accept “Res Judicata”, which in law terms means “a thing ajudged” or done, over, decided. The game is still being played with Republican players and in the end they will say it has already been decided and too much law has been built around the precedent. Right-wing Christians will scream bloody murder (literally) but will only get more restrictions put on abortion like parental notification and an end to partial-birth abortions. Look for abortion clinics to get a few more regulations, but otherwise, abortion will remain legal. Right-wing Christians will continue voting Republican and pro-choice women will religiously vote Democrat and both parties will continue to fight for something other than what they’re telling us. H.C.
P.S. An update.
Since this article was printed Jan. 17, Democrats have moved John Kerry to the front against Alito. Byrd has oddly changed his position to being for Alito. Very strange, but this is an election year for him. H.C.
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