According to the Washington Post, the Supreme Court has decided to review a 2003 law forbidding partial-birth abortions. The law has been struck down by lower courts, and a similar law was struck down by the Supreme Court in 2000 in a 5-4 decision, with Justice O’Connor siding with the majority. Of course, now Justice O’Connor has morphed into Justice Alito (though not literally), which may indicate that the law has some chance at resurrection.
Cecile Richards, president of Planned Parenthood of America, gave her opinion of this news: “Today’s actions by the court are a shining example of why elections matter. When judges far outside the mainstream are nominated and confirmed to public office by anti-choice politicians, women’s health and safety are put in danger.”
What exactly puts Justice Alito “far outside the mainstream”? Although we probably won’t know until the case is argued and decided, let’s assume for the sake of argument that Justice Alito believes that the Constitution provides no basis for asserting a right to a partial-birth abortion, and that such an act may be outlawed by the government because it is immoral. If that is true, does that make him an extremist?
On what basis does Planned Parenthood argue that favoring a right to partial-birth abortion is the mainstream view of Americans? Where in our national policy or in public opinion polls has that ever been indicated? In fact, the only reason partial-birth abortion exists in this country is because a handful of elitist lawyers in black robes decided for all of us that, even though the Constitution mentions nothing about it, it must be an inalienable human right. Abortion has always advanced through the fiat determination of an oligarchy in this country. “The mainstream” has never had the opportunity to determine national policy.
If Ms. Richards believes that this is an issue that should be left to the people, then by all means, give it to the people! Let the voters decide state-by-state the policies that they want, either regulating or outlawing the practice of abortion. I doubt that she would favor such a thing, because in many states abortion would be outlawed completely, and in most others it would be far more restricted than what it is now because of Roe v. Wade and Doe v. Bolton.
And so, let’s lose the silly rhetoric about Justice Alito being “far outside the mainstream” simply because he doesn’t agree with you, Ms. Richards. How long will you persist in the false belief that your opinion, no matter how few actually share it, constitutes “the mainstream” of American thought?