Friday, November 04, 2005


Wow. A campaign web site for a Supreme Court nominee. Check it out at It makes a good case for ScAlito based on his resume, but papers over the real issue of his clear ideological aims revealed by his record on the federal bench.

The Extreme Right is having no hesitation throwing as much weight as they can at ensuring ScAlito's ascension. Given that only a scintilla of information about his position on abortion is demonstrated by the record, their zeal and unstinting support may seem a surprising contrast to their scuppering of Miers.

Unlike Miers, who made some unfortunate comments about 'autonomy', ScAlito has clearly signalled his allegiance to the strategy of incrementally decreasing women's access to abortion. But there is no strong signal that he is ready to sack Roe, and there's a good reason for that: burning Roe is a conservative straw man. It is a good rabble rouser, but it's not a valid judicial strategy. Civil Libertarians holding their fire until ScAlito clearly signals an intent to overrun Roe are likely to never get a chance to repulse ScAlito's assault on our rights.

Rather than a frontal assault on Roe (a decision which a clear majority of Americans support), a fifth column of jurists like ScAlito seek to chip away at the foundations of a woman's privacy until Roe is just more dead-letter law and collapses into the void they've dug. ScAlito poses a dire threat to the rights of American women, especially the poor and victimized, but not because he's posed to conquer Roe. Unless the we stop focusing exclusively on the citadel of Roe, we might find the war for women's rights has been lost because we were massed on the wrong battlefield.


At 4:25 PM, Anonymous Terry said...

Michael wrote, "Rather than a frontal assault on Roe (a decision which a clear majority of Americans support), "
If a clear majority of Americans support the right to abortion, then why do have a problem with Roe being reversed?
It would be no problem for most states, and unnecessary for California, to pass a state law legalizing it.

At 9:08 PM, Blogger Michael said...

Perhaps liberals are not cold-hearted enough to accept that women in many states would be denied the right to control their own reproduction. Just like a conservative to assume that a poor woman has the option to just jump in the SUV and drive across state lines to excercise her constitutional rights.


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