Obama has begun talking to potential Supreme Court nominee picks, the Wall Street Journal reports today. David Axelrod tells the Journal:
"Fidelity to the Constitution is paramount, but as with any document that was written no matter how brilliantly centuries ago, it couldn't possibly have anticipated all the questions that would be asked in the 21st century," Mr. Axelrod said.
Mr. Axelrod's comments come as conservative activists gear up for a fight over a nominee they say will inevitably be a "judicial activist," since the president has said he will seek a justice who can use life experience and empathy for the powerless and downtrodden to help shape court rulings.
Americans United for Life Examines Abortion-Related Positions of Possible Supreme Court Nominees
Americans United for Life has released an analysis of the abortion-related positions of the leading contenders for the Supreme Court nomination, LifeNews reports.
On Elena Kagan:
AUL indicates Kagan is at odds with a Supreme Court decision that upholds the right of government to stop taxpayer-funded abortions.
"Kagan has publicly and repeatedly criticized Rust v. Sullivan, a 1991 U.S Supreme Court decision upholding federal regulations that prohibit recipients of Title X family planning funds from counseling on or referring women for abortions," AUL says.
On Sonia Sotomayor:
Writing for the Second Circuit, Judge Sotomayor upheld the Mexico City Policy which prohibited foreign non-governmental organizations (NGOs) from using federal funding to promote abortion overseas. In a constitutional challenge brought by the Center for Reproductive Rights (CRR), an American abortion advocacy group that routinely argues that "abortion is the law of the world," Judge Sotomayor first rejected a claim that the policy burdened the First Amendment rights of domestic pro-abortion groups, finding that no First Amendment rights were implicated. The significance of this part of her opinion, however, may be minimal because the issue was largely controlled by the Second Circuit’s earlier opinion in a similar challenge to the policy.
More interesting was Justice Sotomayor’s response to CRR’s second claim that the policy violated the Equal Protection Clause by impermissibly burdening the "rights of domestic abortion groups relative to domestic anti-abortion groups." Rejecting this new argument, Justice Sotomayor wrote that because the challenge involved neither a suspect class nor a fundamental right, a deferential "rational basis" test was appropriate. She then acknowledged the ability of the government to adopt anti-abortion policies, noting "there can be no question that the classification survives rational basis review. The Supreme Court has made clear that the government is free to favor the anti-abortion position over the pro-choice position, and can do so with public funds."
On Kathleen Sullivan:
Sullivan, who has no judicial experience, published an article in the August 1992 New Jersey Law Journal, commenting on the U.S. Supreme Court’s decision in Planned Parenthood v. Casey and arguing that legal status of abortion should be decided by the courts, particularly the U.S. Supreme Court, and not the American people through the democratic process," AUL indicates.
Sullivan argued that 'women’s reproductive freedom' was 'too precious and fragile' to be 'left to politics,'" Sullivan added in the article.
House Republicans Call for Reinstating the Conscience Clause
Did you notice Obama's shout-out to conscience clauses in the text of his commencement address at Notre Dame last weekend? "Let's honor the conscience of those who disagree with abortion, and draft a sensible conscience clause, and make sure that all of our health care policies are grounded in clear ethics and sound science, as well as respect for the equality of women," Obama stated. In response, "[s]taunch pro-life House conservatives have 'renewed hope' that the president will reinstate Bush-era regulations protecting the rights of doctors, nurses and other healthcare providers who choose not to give abortions," The Hill reports. Republican members of the House sent Obama a letter thanking him for his respect for conscience and asking him to reinstate Bush's regulations.
Gallup Poll in Context
In the Chicago Tribune, Eric Zorn compares the recent Gallup poll on Americans' pro-life/pro-choice identification with other recent polls, which suggest that "[t]hese snapshots show that the pendulum swings slightly around the midpoint but doesn't gather much momentum either way," he writes. For example, an April CNN/Opinion Research Corp. poll in April found 49% of respondents identify as "pro-choice" and 45% as "pro-life." Zorn concludes, "If you're looking for a more telling number to unpack, try 68: That's the percentage of respondents who told pollsters from CNN/Opinion Research over the weekend that they do not want the Supreme Court to overturn Roe vs. Wade. But if you're looking for resolution or even real movement on this issue in the near or even distant future, the surveys say you're out of luck."
Wednesday's Words from Women
The National Abortion Federation has launched a series called Wednesday's Words from Women, a weekly collection of voices of women who have had abortions: "Over one-third of women of reproductive age have an abortion by the age of 45. However, women who have chosen abortion are often absent from the public debate. In order to break the silence surrounding abortion, we will be featuring real stories from real women each Wednesday on our blog." This week, Sharice (name changed) writes, "Recently I was in an abusive relationship where I feared for my life. After an almost fatal accident I learned I was pregnant. I knew I couldn’t have a baby by somebody who was capable of killing me so I decided to end the pregnancy. When I made the call to schedule an appointment they were more than helpful. I am very grateful and this is something that in a way saved my life."
Other News to Note
May 19: The Item: Teen pregnancy prevention topic at regional meeting
May 18: UPI.com: MTV plans '16 & Pregnant' reality show
May 20: Catholic News Agency: Ultrasound technology and laws credited for pro-life shift
May 19: Catholic NewsWire: At Christendom College Commencement, Rev. Frank Pavone Gives Strong Pro-Life Message to Graduates
May 19: HuffPo: Why "Choosing Life" is a False Choice
May 19: Christian NewsWire: Why Obama is Going to Turn America into a Pro-Life Nation, and Other Opinions from a Young Pro-Life Activist Who Knows What's Up
May 19: LifeNews: Pro-Life Groups May Have to Lead Battle Against Pro-Abortion Supreme Court Pick
May 19: Chicago Tribune: Abortion polls back and forth
May 19: Fox News: Political Battle Over Obama's Supreme Court Pick Hits the Web
May 19: Houston Chronicle: Even if we can’t agree, President Obama calls for reasoned respect on the topic of abortion
May 19: The Hill: Pro-life and pro-choice
May 20: MetroWest Daily News: Reidy: When Catholics stopped obeying the pope
May 20: Roundup: Obama's sexually innovative education plan
May 19: Eurekalert: New contraceptive device is designed to prevent sexual transmission of HIV
May 19: Forbes: Parents Influence Sex Decisions, Hispanic Teens Say
May 19: Monsters and Critics: Carla Bruni-Sarkozy wants evolution in Catholic teachings
May 19: HuffPo: Survey: Majority Of Latinas Pregnant By 20th Birthday
May 19: Newsweek: The S Word
May 19: Times Record: Student’s Prop Fuels Controversy
May 19: LA Times: Women's clinics see rise in calls and visits
May 20: LA Times: Obama connects while deflecting abortion furor
May 19: AP: Analysis: Expect nominee to dodge hard questions
May 19: HuffPo: Much Ado About Abortion...
May 19: HuffPo: Aborting Abortion Debate's Tone
May 19: HuffPo: Obama's Lack of Leadership on Abortion Means His Impact Won't Match Reagan's Or Roosevelt's
May 19: Daily News: Obama, want common ground? Start by curbing fetal pain
May 19: Slate.com: Abortion and Economics
May 19: Seattle PI: The abortion debate comes home to Seattle
May 19: La Prensa Michigan: MDCH awards $1.4 million to Teen Pregnancy Prevention Programming
May 18: The Epoch Times: A Victim of 'Family Planning' Withdraws From CCP’s Youth League
