Tuesday, July 19, 2005
It's a Boy!
Another judge who hasn't written or said anything determinative about abortion.
THE ABORTION THING. Everybody thought George Bush the Elder was so shrewd for nominating David Souter because he had practiced law for many years without leaving any record of it but a few doodled napkins. He was the "stealth candidate."
That didn't prevent the Dems from getting alarmed, but when the dust cleared the Supreme Court had one more liberal weenie mediocrity on the bench. Just like George planned!?
Stealth means undetectable. Or is that indecipherable?
Or indefensible. Something. But it really blows things up, don't it?
Now it's a bunch of years later, and George The Younger has an absolutely golden -- no, make that platinum -- opportunity to do what his father and even Ronald Reagan couldn't. He has a solid majority in the senate, a half bushel of ancient judges to replace on his watch, and so what does he do? He reaches into the old trick bag and pulls out another name with a barely visible record, the only shock being that the candidate doesn't wear a skirt (He's supposed to replace the nonentity in a skirt nominated by Reagan, the one who turned out to be yet another liberal weenie mediocrity.)
Nominee John Roberts sounds wired in to the DC establishment, though, according to the Post:
In his years as a lawyer, Roberts, 50,
proved himself an affable and measured member of the Washington legal
establishment. But his short tenure on the bench has meant fewer
written opinions that can be parsed for his philosophy.
"He is a Washington lawyer, a conservative, not an ideologue," said Stuart H. Newberger, a lawyer and self-described liberal Democrat who has argued cases against Roberts.
He put in his time advising the Bush legal team in Florida during the battle over the 2000 presidential election and has often argued conservative positions before the court -- but they can be attributed to clients, not necessarily to him.
That includes a brief he wrote for
President George H.W. Bush's administration in a 1991 abortion case, in
which he observed that "we continue to believe that Roe v. Wade
was wrongly decided and should be overruled.
Roberts won the case -- Rust v. Sullivan -- in which the Supreme Court agreed with the administration that the government could require doctors and clinics receiving federal funds to avoid talking to patients about abortion.
When the D.C. Circuit refused to reconsider a three-judge panel's ruling protecting a rare California toad under the Endangered Species Act, Roberts dissented -- gently.
"To be fair," he wrote, the panel "faithfully applied" the circuit court's precedent, but a rehearing would "afford the opportunity to consider alternative grounds for sustaining application of the Act that may be more consistent with Supreme Court precedent."That's about all we have to go on for now. Few written opinions, an engaging manner, liked by liberals, tactful to excess (if verbiage counts), and no footprints leading to anything as damning as a philosophy. Does the word "stealth" still seem ominously relevant? Oh. And did we mention he went to Harvard and Harvard?
Pardon us for being cynical. We really should have listened to Neal Boortz for once, who told us that Roe v. Wade would never be overturned because the abortion issue is boring, or old hat, or not cool, or doesn't have big tits, or whatever it is that turns Neal on these days besides semiliterate summer interns. How did he put it?
Many "conservatives" are already taking shots at any potential Bush nominees whom they think might not vote to overturn Roe v. Wade. Well .. here's a hint for you. You can yell, scream, write, march, protest and threaten all you want to. You can hold your breath until you turn blue and stomp your feet. Hunger strikes? Go for it! Chose [sic] your favorite form of protest and social activism, and while you're doing all of that you can go to the bank on this: Abortion is never going to become illegal in this country again... You can destroy appointees who might vote to stem the ever-widening powers of the federal government ... but you will never succeed in making abortion illegal in this country; unless, that is, you somehow manage somewhere down the line to get the dictatorial theocracy that so many of you so earnestly desire.
This may come as a surprise to some of you, but our country faces far more important legal and constitutional issues far more crucial and important than giving government the ultimate power to exercise that kind of control over a woman's ovaries. Come on, folks. Don't you think that you can figure out a way to turn your obsession over controlling your women-folk into something a bit more constructive?
Let's read the beginning of that last paragraph again. Our country faces far more important legal and constitutional issues far more crucial and important than giving government the ultimate power to exercise that kind of control over a woman's ovaries. [Ever hear of editing, Neal?]
Important. He says it twice, so he must be thinking of something, well, important. Important? Since abortion was found to be a constitutionally granted right in the United States by a 7-2 Supreme Court decision on January 22, 1973, more than 45,000,000 U.S. citizens have been eliminated. For those of short attention span, that toll is up by 600,000 since January of this year.
It took awhile before Americans began to consider these numbers seriously. After all, it's a very difficult quantity to comprehend, a population of the dead unborn so large as to be almost unimaginable in a country that storms and shrieks and weeps for weeks over the fate of one missing teenager. Lack of imagination is probably the most charitable explanation for Neal's attempt to portray abortion opponents as archaic crackpots -- as loony as the flat earthers and UFO abductees. He can only blink his eyes unseeingly at a number that's too big for his mind to process and proceeds instead to imply that those who purport to care about it are men who like to control women. Which seems a mite disrespectful to all the women in the pro-life movement. Or don't they count, Neal? What with being women and all? No good for anything but skimpy tanktops and summer jobs at the radio station?
Well, here's the reality of abortion rendered in terms that even the math-challenged might appreciate. Americans killed by cash-only OB/GYNs in 32 years outnumber all the war dead of the United States since 1776 -- by a factor of about 40 (that means 40 times as many, Neal.). More Americans are killed every single day that Roe v. Wade remains in force than were killed in the World Trade Towers on September 11, 2001. The total number of aborted babies exceeds the population of California, including however many illegal aliens are wandering around there today. The oldest of them would be over 30 by now, having children of their own, and in the economic terms that seem so key to attracting everyone's interest, they'd be adding to the GDP, reducing the budget deficit, buying stuff, and contributing valuable goods and services. On a more personal note, if we had them all here with us, alive, and some terrorist wiped them out in a catastrophic attack, when would the tears ever end?
But they are silent because they never were, and the only tears that are shed are the secret, shamed ones of the women who discover too late that for them a fetus really is a baby and no clinical or activist vocabulary can erase the fact of what
was done. But they cry into their pillows, not the TV cameras, and so what do we hear instead? We hear the yawping of the hateful hardass feminists who can suck up to Bill Clinton but can't stoop to speak honestly about the fate of unborn children. We hear the cackling of bombastic oafs like Boortz who will launch a vendetta to persecute smokers but can't stomach the expression of anyone else's moral principles. And we hear the sing-song women's rights mantra of the mainstream media, who have apparently hypnotized almost everyone into visualizing the issue of abortion as a half-deflated political football to be kicked around every time a Supreme Court starter goes on the disabled list.
Well, there are still a lot of people out in the wide empty wastes of the America between the coasts who hear the phantom heartbeats that will be silenced tomorrow and the day after, and they worked hard to elect a president who would finally nominate some judges smart enough to recognize the "right to life" articulated in the document that gave this country birth.
We hope, on the occasion of this nomination, that George Bush heard the voices of the people who voted for him -- if not those of the people they're trying to protect. We hope that if it comes to a fight, some hardy volunteer will stick a sock in Neal Boortz's mouth before he begins braying like an ass again. Patricia Ireland and Eleanor Smeal were bad enough. But those who call themselves libertarians should realize that only the rule of law separates libertarianism from anarchy as a philosophy, and a law that cannot remember its primary founding principle cannot preserve any liberty in the long run. And those who call themselves conservatives or Republicans should remember that there's no point in governing if winning the next election is more important than fighting for an unchanging principle that's gone out of style.
Who are you, John Roberts? Tell us how you feel about the number. You know the one. 45 million.
UPDATE. Nealz Nuze is already trying to trivalize the abortion aspect of the Roberts nomination. See here and here. It might not hurt to let him know how you feel by email. Mind you watch your spelling and grammar better than he does, though, because he likes reproducing the letters he can ridicule and pretending that all of his critics are rednecks.