Judges and Abortion


Well-known member
Dec 30, 2001
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Just got this off AOL, there are some really good points here. It really bothers me that the dum-ocrats blocked Pickerings nomination

Judges and Abortion
Soapbox commentary by AOL member OldbooksCT

The great underlying issue in the debate over federal judicial appointments is abortion rights.

Senate Democrats on the Judiciary Committee are set to block any conservative judge who may be pro-life from getting to the higher courts, especially the Supreme Court. That's why they recently blocked the nomination of Judge Charles W. Pickering Sr. to a federal appeals court post. He isn't racist or unqualified as some liberals charged. His crime is that he's conservative.

Those who favor legal abortion say that any conservative judicial appointee who is against abortion rights is so far outside the mainstream as to be disqualified for that reason alone.

But this is not true. No matter how you feel about abortion (and I am pro-choice myself), it is simply incorrect to say that those opposed to abortion are outside the mainstream. Americans who are pro-life are just as mainstream as those who are pro-choice. I don't mean that figuratively; I mean it literally.

Years of pro-choice media coverage has created a false perception that the vast majority of Americans support all abortions, except perhaps very late term abortions, and that almost no one is against legal abortion except a lunatic fringe.

Here are the actual feelings of Americans. According to numerous polls taken over a period of years, over 80 percent of Americans do favor legal abortion when the pregnancy involves a case of rape or incest, or when there is a serious life-or health-threatening problem. Such cases make up less than 10 percent of all abortions.

For all other cases of abortion, when there is no crime or health issue, the numbers are about 47 percent in favor of abortion rights and 44 percent against. These abortions, in the so-called “abortion on demand” category, account for over 90 percent of the total number performed in America every year. About 14 out of every 15 abortions are in this category.

Therefore, for most abortion cases (and these results are said to be consistent in poll after poll, year after year), the numbers show a virtual statistical dead heat. Neither side has even a simple majority. And both sides, whether for or against “abortion on demand,” are equally and obviously mainstream.

Once you understand how close it really is, then you see the dilemma of the pro-choice side. They must rely on judicial activism to uphold the Supreme Court's Roe vs. Wade decision that legalized abortion.

As it stands now, if judges who are opposed to abortion on demand and believe that abortion rights do not exist in the Constitution as written ever get a majority on the Supreme Court, then Roe vs. Wade could easily be overturned.

If the pro-choice side had the overwhelming support it claims it has, it would be able to pass a constitutional amendment on abortion rights. But that would require the approval of 75 percent of the American people. The pro-choice side may have that level of support for the relatively few abortions with criminal or health issues, but not for the great majority of abortions.

But however one feels about the abortion issue, to disqualify a judge because he or she is thought to be pro-life is not a valid reason.

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