First Posted: 06-29-10 12:15 PM | Updated: 06-29-10 12:55 PM
During her time on President Clinton's Domestic Policy Council, Elena Kagan advised against legislation that would have banned late-term abortions with few exceptions, arguing that the president should tailor the language to protect women from serious health consequences.
Now a nominee for the Supreme Court, Kagan affirmed on Tuesday that as a justice she would rule as unconstitutional laws that restrict abortion to the point that a women's health is placed in danger.
[SNIP]
This is not a strict admission that Kagan finds abortion to be a legal right, per se. But is a clear indication that she sees various attempts to restrict the procedure as brushing up against, if not fully crossing, the line of the law. Supreme Court nominees generally try to avoid answering legal questions that could come in front of them should they be confirmed. But this was a moment of candor that, at the very least, was a refreshing addition to the largely perfunctory and scripted confirmation hearings.
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Glad to read this especially given that the SCOTUS has mostly been dolling out conservative judgments lately. Roe v. Wade is a hard-earned decision and needs to be protected at the SCOTUS level.
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Democracy needs defending - SOS Hillary Clinton, Sept 8, 2010 Democracy is more than just elections - SOS Hillary Clinton, Oct 28, 2010
Now a nominee for the Supreme Court, Kagan affirmed on Tuesday that as a justice she would rule as unconstitutional laws that restrict abortion to the point that a women's health is placed in danger.
I totally agree with this. After all, are we not guaranted under the constitution the right to LIFE, liberty, and the pursuit of happiness? Medical science has progressed to the point that accurate, evidence based, predictions can be made regarding the level of potential danger a woman may be in due to complications related to pregnancy. Laws should not prohibit a woman from opting to save her life.
Not only is the woman's life jeopardized by forcing her to carry the pregnancy to term, risking her life in the process, the lives of her existing children are hugely impacted. Suppose a woman who is the parent of two children dies because she is not allowed to abort a fetus. There are now two children who may or may not have a father and/or other family who can take them in. They become part of the foster care system - which may or may not be a good experience for them, and in which they may or may not remain together in the same foster home.
The possible negative consequences are endless, and imagine the pain of the mother who knows she will die, leaving her children homeless and without someone to nuture and care for them. Imagine the pain to two small children having lost their mother, and at risk, depending on the state to ensure that they are cared for, protected, and nurtured.
Who has won? The fetus? I don't think so. The religious fanatic hell bent to control women's reproductive rights? He/she may think he's won some kind of theological, moral victory. I'd like to see how far the knowledge of a theological victory goes toward repairing the lives of two orphans.
End of rant. Sorry.
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It was we, the people; not we, the white male citizens; nor yet we, the male citizens; but we, the whole people, who formed the Union.... Men, their rights and nothing more; women, their rights and nothing less. ~Susan B. Anthony
LIFE often gets interpreted in its limited sense of BREATHING. Well, there is the larger LIVING interpretation of LIFE. When I ask "How's Life" I dont mean "Are you breathing" LOL.
Women, just as much as men, have the right to a meaningful LIFE, with LIBERTY and for PURSUIT of HAPPINESS. So in that sense, LIFE = PraaN (breath) + Jeevan (breathing + life of living). Even there, my favorite poet sings of PraaN as the broader interpretation of LIFE.
The least a woman is entitled to is protect her own life. At best, she can consider her fuller life implications in her decision-making at all times.
Decision of the woman is always the correct decision for her and all involved.
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Democracy needs defending - SOS Hillary Clinton, Sept 8, 2010 Democracy is more than just elections - SOS Hillary Clinton, Oct 28, 2010