» John G. Roberts....

19 July 2005 - 11:56pm

John G. Roberts....

Pseudo-Adrienne's picture

...Anti-women, anti-women's-reproductive-rights (yeah I may seem a little late at this but still). What did you expect out of judge nominated by Bush? Women's reproductive rights truly are endanger. Don't believe me? Take a look at his record...because history repeats itself. (via NARAL Pro-Choice America)

--As Deputy Solicitor General, Roberts argued in a brief before the U.S. Supreme Court (in a case that did not implicate Roe v. Wade) that “[w]e continue to believe that Roe was wrongly decided and should be overruled…. [T]he Court’s conclusion in Roe that there is a fundamental right to an abortion… finds no support in the text, structure, or history of the Constitution.”

--In Rust v. Sullivan, the Supreme Court considered whether Department of Health and Human Services regulations limiting the ability of Title X recipients to engage in abortion-related activities violated various constitutional provisions. Roberts, appearing on behalf of HHS as Deputy Solicitor General, argued that this domestic gag rule did not violate constitutional protections.

--Roberts, again as Deputy Solicitor General, filed a “friend of the court brief for the United States supporting Operation Rescue and six other individuals who routinely blocked access to reproductive health care clinics, arguing that the protesters behavior did not amount to discrimination against women even though only women could exercise the right to seek an abortion.

--The Court was so accustomed to the Solicitor General and the Deputy Solicitor General arguing for the overturn of Roe that during John Robertss oral argument before the Supreme Court in Bray, a Justice Asked, Mr. Roberts, in this case are you asking that Roe v. Wade be overruled? He responded,No, your honor, the issue doesnt even come up. To this the justice said, Well, that hasnt prevented the Solicitor General from taking that position in prior cases.

Women's reproductive rights (*autonomy*)--a fundamental part of our human rights--are not political toys, to be played with by anti-women politicians and judges. You deny women their *right* to control their reproductive destinies, you deny the existence of women's humanity, our right to be seen as autonomous human beings and full equal citizens in the eyes of the Law, and our human rights altogether. They should start debating on whether or not to overturn the Nineteenth Amendment as well, since our rights and civil liberties are just that easily discarded. *We* are just that inconvenient. Call it hysterical, irrational, and absurd--the Democrats are already looking as if they'll cop-out all together (as they have been doing for years). But no doubt, the radical anti-choice ideological groups and neoconservative Republican politicians know they hold a firm control over all three branches of government now. They have made it clear that they will do whatever they damn well please within Congress and the Judiciary, without fear of an actual revolt from the Democrats. We've come to ahead at last. Good thing that I'm young and ready. It's time for us Third-Wavers to finally prove ourselves.

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Comments

OleBlue's picture
OleBlue says:

This judicial nominee would like to see the US go back to living as they did in the 50's, when women stayed home, we were segragated from minorities, and no one questioned the government.


(20 July 2005 - 12:05pm)
Matsu's picture
Matsu says:

I do not think they want to go backwards to the 1950's. I think they want to go forwards to the 2010's when the nation becomes a theocracy with radical Christians at the helm - fighting the infidel.


(20 July 2005 - 12:16pm)
ferdette's picture
ferdette says:

Along that same line...there's actually a book that I just started to read, Half Nation Under God by Cora Corbett that basically envisions that exact scenario. I'm interested to see how it ends, and since I haven't finished it myself, I can't really say whether it'll be helpful, but I think that given the current situation and how much that new religious rule seems to be looming, perhaps more people should read it...


(20 July 2005 - 1:53pm)
media girl's picture

They have the technology. They can make misogyny better than it was -- better, stronger, faster.

Just wait until pregnant women are required to wear GPS ankle bands.


(20 July 2005 - 4:10pm)
pennywit's picture
pennywit says:

Please keep in mind that an attorney in private practice -- or one whose client is the U.S. government -- must take positions that are not necessarily his own.

--|PW|--


(21 July 2005 - 8:26am)
media girl's picture

Given the context of this nomination, and the details of his life, the "he was only following orders" starts to sound like the Nuremburg defense.


(21 July 2005 - 11:28am)
pennywit's picture
pennywit says:

I heartily dissent. I haven't started practicing yet (the bar exam, y'know), but in the past year, I've clerked at a law firm and at an industry nonprofit. At times, I have assayed a stance antithetical to my own on particular laws or issues because it was part of my job. Yeah, sometimes you take views that are contrary to your own because they're in the best interest of the client, or at the client's direction.

--|PW|--


(21 July 2005 - 12:28pm)
media girl's picture

You focus on professional credentials. There's no question that, when his lawfirm represents Bush v. Gore, he's no slouch.

This isn't about credentials. This is about a political agenda, a pre-existing intention to "fix" the Supreme Court, as Scalia and Thomas have openly advocated (by calling for willy nilly reversals of court precedent, and to hell with the reasoning).

This is about strong ties to groups opposed to reproductive rights.

If you want to pretend this isn't political, that's great. But 5+ years of very vivid reality indicate that this man isn't the "stealth" candidate for no reason.

If this minority dominionist coup of the courts is successful, we're in for perhaps the darkest period in this country's history yet.

So yes, there is great reason for concern, and all the denials and pollyanna platitudes in the world are not going to allay fears that this is one more step to subvert our government with conservative activism in the courts.


(21 July 2005 - 12:39pm)
pennywit's picture
pennywit says:

Which is why I'd prefer to see what comes out in his confirmation hearings and as people investigate his legal writings. I honestly wish he had been nominated about six months ago; back then, I still had the unlimited Westlaw access that would have let me research him a bit more on my own.

But, still, if he's a stealth candidate, we'll see what comes out in the confirmation hearings.

--|PW|--


(21 July 2005 - 1:13pm)

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