The following is a Counterpoint:
By B.J. Weatherby
I am outraged by the 5-4 decision of the Supreme Court on April 18 that upholds a ban on the "intact dilation and extraction" type of abortion. (I refuse to call this kind of abortion by its "invented" name -- a vile, gruesome name designed to make everyone shudder.)
In writing the opinion for the five males who made up the majority, Justice Kennedy exhibited appalling paternalistic chauvinism. He wrote that banning this kind of abortion "protected" women from a procedure they "may not understand"!
He wrote: "The government may use its voice and its regulatory authority to show its profound respect for the life within the woman." But those men fail to show any respect for the life and health of the woman.
They effectively overturned Justice Harry A. Blackmun's 1973 statement that "the state does have an important and legitimate interest in preserving and protecting the health of the pregnant woman." Additionally, they show absolutely no sympathy for the pregnant woman as she makes a difficult decision, often based on the ill health of the fetus or the mother.
This ruling is outrageous because the justices ignored or reversed multiple state and federal precedents and discounted or ignored medical evidence. More unbelievably, Justice Kennedy wrote that "moral norms" also can be considered. But whose "moral norms"?
In her dissenting opinion, Judge Ginsburg said this decision was "alarming." I agree. It opens the door to further state and federal restrictions on abortions. Moreover, it suggests that, in the future, the justices can and will consider "moral norms" as they rule on other privacy and individual rights issues. Again, whose norms?
Justice Ginsburg also wrote, "Our obligation is to define the liberty of all, not to mandate our own moral code."
Remember outcries against "judicial activism"? Those outcries came from the same people who approve of this ruling, even though this is blatant "judicial activism." If some Supreme Court justices believe they can apply their "moral norms," who now will protect our individual rights and the individual rights of our neighbor -- who may be of another race, another religion, another sexual orientation, a pregnant woman? Who will show fairness and compassion? Who will define "liberty for all"?
The writer is a wife and mother who lives in Greensboro.