“I would not support a nominee who demonstrated hostility to Roe v. Wade because that would mean to me that their judicial philosophy did not include a respect for established decisions, established law….Roe v. Wade is a constitutional right that is well established.”
Thus spake Sen. Susan Collins (R-Maine), according to a CNN report.
But which Roe v. Wade decision does Sen. Collins stand by? There’s the imaginary Roe, which dictates that unregulated abortion be available throughout pregnancy. Then there’s the actual Roe, which permits states to leave abortion unregulated but also permits many laws protecting the lives and safety of mother and preborn child.
Where does Sen. Collins stand on First Amendment protections for peaceful pro-life witnesses outside abortion facilities? After all, McCullen v. Coakley is “established decision, established law.” Or does she consider peaceful pro-life witness to be an attack on abortion rights?
How about restrictions on public funding of abortion and abortion counseling? The Supreme Court OK’d such restrictions decades ago. Abortion advocates like Planned Parenthood and the ACLU Reproductive Rights Project use terms like “gag rule” to describe efforts to keep abortion providers out of taxpayers’ wallets. In the Senator’s view, do restrictions on public funding amount to “hostility” to Roe v. Wade?
Parental notification for minors’ abortions, reflection periods before abortion, informed consent laws, restrictions on mid- and late-term abortion, protections for children who survive attempted abortion: certain forms of these laws have been found consistent with Roe. Then again, PP and ACLU consider such measures attacks on abortion rights.
The pro-Roe Senator Collins could vote with a clear conscience for a jurist who supports the abortion regulations that have been approved by the Supreme Court since Roe. Such a nominee would not be hostile to the actual Roe decision, even if that nominee displeased PP and the ACLU.
Maybe one day there will be less deference to a precedent that’s inconsistent with human dignity. For now, though, we’re left with wondering what Senator Collins means by “hostility.”
Ellen writes about the life issues at Leaven for the Loaf.
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