Oppose John Roberts

Culture Kitchen has posted a letter from bloggers to the Judiciary Committee opposing the confirmation of John Roberts on the basis of certain rulings that make it clear he is hostile to Roe vs. Wade. I think it’s perfectly obvious that he’s going to vote to overturn and have, therefore, signed this letter.

I believe that a woman’s right to choose gets to the very heart of what it means to be an autonomous, free human being. Control of one’s own body is fundamental to individual liberty. If the church believes that abortion is morally wrong it should instruct its voluntary membership not to do it. Individuals must always be allowed to follow their own consciences. But there should be no legal coercion on such a personal matter.

The only issue the government could be called upon to arbitrate is if the fetus has an equal right to life as the woman in whose body it lives. But there is really no argument about that. There is almost nobody who believes that an abortion is wrong if the life of the woman is at stake. Indeed, the vast majority (80%+) of Americans believe that abortion should be available at least in cases of rape or incest, so it is clear that the “abortion is murder” argument is illegitimate. No one can believe that it is moral to murder a person because of the way he or she was conceived, or by whom.

Therefore, the right of the fetus is not the real issue — the reasons a woman wants an abortion are the issue. This leads us to ask which particular circumstances are so difficult for a woman that she may be allowed to have an abortion. 80% or so of Americans think that rape or incest are such circumstances. But how about a failing, abusive marriage? A terminal illness? Five other children and no job? Being 43 years old and carrying a child with serious birth defects? Being a foolish 15 year old girl in love? Should we make exceptions for some of those? Any of them? Who decides? You? Me? John Roberts?

This isn’t about murder and it isn’t about the right of the fetus. It’s clearly about controlling women’s personal moral behavior. I don’t think the government has any business doing that.

Unlike some others, I think it’s quite likely that the court will overturn with these two new Bush justices as soon as they get the right case. This is simply too vital to the conservative cause. The notion that they want to milk it is quite right, of course, but I think they will happily run on abortion in individual states for as long as they can. Milking the issue seems to me to be much more likely if it’s turned back to the states than if it’s not.

John Roberts is a professional movement conservative at the very top of the food chain. His wife is the president of “Feminists For Life.” He will vote to overturn and make women fight in more than half the states of this country for a basic right they’ve taken for granted for over a generation. It is depressingly likely he will be confirmed, but I’m glad to go on record opposing him.

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