Ginsburg says Roe gave abortion opponents target

[Tx4obama]

Ginsburg says Roe gave abortion opponents target

CHICAGO (AP) -- One of the most liberal members of the U.S. Supreme Court, Justice Ruth Bader Ginsburg could be expected to give a rousing defense of Roe v. Wade in reflecting on the landmark vote 40 years after it established a nationwide right to abortion.

Instead, Ginsburg told an audience Saturday at the University of Chicago Law School that while she supports a woman's right to choose, she feels the ruling by her predecessors on the court was too sweeping and gave abortion opponents a symbol to target. Ever since, she said, the momentum has been on the other side, with anger over Roe fueling a state-by-state campaign that has placed more restrictions on abortion.

"That was my concern, that the court had given opponents of access to abortion a target to aim at relentlessly," she told a crowd of students. "... My criticism of Roe is that it seemed to have stopped the momentum that was on the side of change."

The ruling is also a disappointment to a degree, Ginsburg said, because it was not argued in weighty terms of advancing women's rights. Rather, the Roe opinion, written by Justice Harry Blackmun, centered on the right to privacy and asserted that it extended to a woman's decision on whether to end a pregnancy.

-snip-

Full article here: http://hosted.ap.org/dynamic/stories/U/US_GINSBURG_ROE_V_WADE?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2013-05-11-22-40-14

[jberryhill]

1. That's a common thought

It's a question of tipping points.

As everyone can see, MA has had marriage equality for quite a while now, and the sky hasn't fallen upon it.

The rise of the Moral Majority and its progeny, was fueled on flogging Roe v. Wade.

What bothers me no end is this notion that this "life begins at conception" discussion has anything to do with it. Roe was premised on accepting that as a given, and it is not a question on which the conclusion depends.

[geek tragedy]

6. the corollary is that civil rights advances achieved via legislation tend

to have more durability and popular legitimacy than those enacted by courts.

[SunSeeker]

2. Ruth, you're not helping.

If you want to pontificate about poorly reasoned Supreme Court opinions, how about talking about Bush v. Gore, Heller, and Citizens United. Complaining that a ruling that supports a woman's right to privacy is "too sweeping" because it stirred a backlash amounts to political punditry, not legal analysis. Brown v. Board of Education had a lot of backlash too. But it was legally sound, as was Roe.

[davidpdx]

3. I can see where she has a point

The hatred of the anti-choice movement after the Roe V. Wade decision has led to a very slow momentum to first chip away at is working toward repealing of it.

[Manifestor_of_Light]

4. they are like all conservatives.

they whine a lot. They can dish out criticism but can't take it. They call the opposition vile names but the slightest bit of criticism is met with horror and disbelief.

Roe is a good decision and scientifically sound based on the different state interests in different trimesters.

No matter what they used for the basis of the ruling the anti-abortion baby starvers would scream about how horrible it is. I do not call them prolife.

George carlin was right. Once you're born, you're on your own.

[Hekate]

5. Sad but true: Justice Ginsburg is right

I was in college when Roe vs. Wade passed, and I thought the matter was settled at that point. How wrong I was. For those of you who don't remember the arc of the "pro-life" movement these past 40 years, let me say that I do remember. They did not exist until Roe.

As Ginsburg says:
"That was my concern, that the court had given opponents of access to abortion a target to aim at relentlessly," she told a crowd of students. "... My criticism of Roe is that it seemed to have stopped the momentum that was on the side of change."

They did not exist until Roe, and since that time they have been relentless, vile, and violent.

Ginsburg's observations on the subject are based in considered lawyerly thought -- that of a Supreme Court Justice and a woman equally.
The ruling is also a disappointment to a degree, Ginsburg said, because it was not argued in weighty terms of advancing women's rights. Rather, the Roe opinion, written by Justice Harry Blackmun, centered on the right to privacy and asserted that it extended to a woman's decision on whether to end a pregnancy.

For those who want to jump on Ginsburg, please consider her entire opinion in context, and refrain from shooting the messenger.

Hekate