Wednesday, January 23, 2008

Whiskey Tango Foxtrot

Yesterday marked the thirty-fifth anniversary of the worst decision in the history of the Supreme Court of the United States (SCOTUS). Justice Harry Blackmun, writing for the majority in Roe v. Wade, made up a right that didn't exist in the Constitution; but, which (in his mind) was implied in a line of cases.

Years later, I had the opportunity to ask Justice Blackmun a question about his most significant opinion; and, he said, "I will not talk about Roe." (I said, "No, I wanted to ask you about your opinion in Helicopteros Nacionales de Colombia, S.A. v. Hall." He was not amused.)

Notwithstanding the thrill of discussing in personam jurisdiction under the Fourteenth Amendment, Justice Blackmun knew that I was busting balls.

Funnily enough, Justice Blackmun thought that it was right in 1973; and, he thought it was right later on, years later. Correct that he had created a non-existent right--the rascally right to privacy--out of whole cloth. Right that he had legislated something from the bench that, if put to a referendum, would have probably passed (i.e., remained legal). Or, he could have simply followed the Constitution, and let the Tenth Amendment take care of things.

In reality, had Roe gone the other way, Jane Roe probably still could have had her abortion. (And, years later, she probably still would have had the change of heart that she did, coming to the conclusion that abortion is wrong.)

Indeed, abortion is still one of the biggest issues in American politics today.

Frankly, everyone is pro-choice: Some say that "life is a choice"; and, others say that a woman bears the ultimate choice over the life or death of the fetus growing inside of her body.

Regardless of your opinion on this subject, the general view--in mainstream America--is that abortion (especially after the first trimester) is wrong. However, like nuclear weapons, or the internet, the genie is out of the bottle. That genie can never be returned.

So, on the day after the anniversary, please consider this: Abortion, while distasteful, is with us.

Don't kill someone (i.e., an abortion doctor) to prevent it. Don't bomb an abortion clinic. Don't physically restrain someone on their way to have an abortion (for, that is battery). Instead, discuss, rationally, the horrors--emotional and physical--of abortion. Talk about alternatives. Try to prevent it, whenever possible.

If you can, you have saved a life. If you can not, you have done your best. In this case, that is all that you can hope to do.

Finally, I add that, while opposed to abortion, The Lifeguard would not love a child (or other person) any less if they believed that having an abortion was the right choice.

For mine own part, I would like to see the question put to a referendum. Notwithstanding that, I would note that it is the law of the land (until Roe is over-ruled). As such, we have to accept that.

1 comment:

The Lifeguard said...

I am reminded of Chris Rock's comment that pro-abortion rallies are the best places to meet chicks. The reason: You know that they have sex.