{"id":232340,"date":"2020-10-09T08:20:40","date_gmt":"2020-10-09T13:20:40","guid":{"rendered":"https:\/\/www.liveaction.org\/news\/?p=232340"},"modified":"2022-05-09T19:48:12","modified_gmt":"2022-05-10T00:48:12","slug":"ginsburg-abortion-law-people-unelected-judges","status":"publish","type":"post","link":"https:\/\/archive.liveaction.org\/news\/ginsburg-abortion-law-people-unelected-judges\/","title":{"rendered":"Justice Ruth Bader Ginsburg: Abortion law should be decided by the people, not ‘unelected judges’"},"content":{"rendered":"
<\/div>

Next week, the Senate will begin hearings on the nomination of Judge Amy Coney Barrett to the Supreme Court to fill the vacancy left by the late Justice Ruth Bader Ginsburg. Ginsburg was known for her support for legalized abortion, and the idea of filling her vacated seat with a Justice who does not share her ideology on abortion has evoked anger among her supporters. Abortion supporters have argued that\u00a0Ginsburg’s seat should remain vacant until after the 2020 Presidential election, but interestingly enough, Ginsburg believed that\u00a0abortion law should be decided by “elected representatives” and not by \u2014\u00a0as Ginsburg phrased it in a video at the Washington Post<\/a> \u2014\u00a0“nine unelected judges.”<\/p>\n

Prior to Roe v. Wade<\/em>, abortion was decided by each state’s lawmakers. While handful of states had decriminalized<\/a> abortion prior to 1973, it was\u00a0illegal<\/a> in the majority. The 1973\u00a0Roe<\/em>\u00a0abortion case was based on the claim that Norma McCorvey (known as \u201cJane Roe\u201d) had been raped and wanted an abortion. But McCorvey was\u00a0not<\/a> raped, and her child was born and was placed for adoption.\u00a0Roe<\/em>\u2019s\u00a0companion case, Doe v. Bolton<\/a><\/em>, opened the door for abortion on demand by allowing a \u201chealth of the mother\u201d exception, which could even include familial or financial health.<\/p>\n

Ginsburg supported a kind of pro-choice incrementalism\u00a0<\/strong><\/em><\/p>\n

Ginsburg preferred a more incremental approach to abortion. In 1985,\u00a0wrote<\/a> in the North Carolina Law Review, “Roe v. Wade<\/em> sparked public opposition and academic criticism, in part, I believe, because the Court ventured too far in the change it ordered and presented an incomplete justification for its action.” She emphasized, “Roe<\/i>, I believe, would have been more acceptable as a judicial decision if it had not gone beyond a ruling on the extreme statute before the court. \u2026\u00a0Heavy-handed judicial intervention\u00a0was difficult to justify and appears to have provoked, not resolved, conflict.\u201d<\/p>\n

“Roe<\/em> ventured too far in the change it ordered and presented an incomplete justification for its action,” Ginsburg wrote.<\/p>\n

The overwhelming scientific evidence surrounding the humanity of the developing child in the womb was overlooked when Roe<\/em> was decided. But that evidence, even today, impacts public opinion<\/a> on abortion.\u00a0Ginsburg acknowledged in her piece<\/a> that, 10 years after Roe, “Justice [Sandra Day] O’Connor… described the trimester approach [in Roe] as ‘on a collision course with itself.'” Ginsburg added, “Advances in medical technology would continue to move forward the point at which regulation could be justified… and to move backward the point of viability….”<\/p>\n

Ginsburg wrote, “The sweep and detail of the opinion stimulated the mobilization of a right-to-life movement and an attendant reaction in Congress and state legislatures… [who] adopted measures aimed at minimizing the impact of the 1973 rulings, including notification and consent requirements,\u00a0prescriptions for the protection of fetal life, and bans on public expenditures for poor women’s abortions….”<\/p>\n

In 2014, Ginsburg suggested to an audience at the International Women\u2019s Health Coalition<\/a> anniversary dinner that had the Supreme Court only ruled Texas’s abortion law unconstitutional\u00a0and waited for additional cases, the American public might not have become so polarized about the issue. Ginsburg considered Texas’s abortion law the “most extreme law in the nation” because it outlawed abortion for all reasons except to save the mother’s life.<\/p>\n

READ:\u00a0Supreme Court Justice Ruth Bader Ginsburg dies at 87<\/a><\/em><\/strong><\/p>\n

“Roe v. Wade<\/em> was a great starting case,” Ginsburg said.\u00a0“I think if the court had gone step-by-step as we did in the\u00a0gender equality cases, the court and the public would have reacted in a more positive way than it did.”\u00a0In Ginsburg’s opinion, “[t]he difficulty with Roe v. Wade,” was that the decision made “every law in the country unconstitutional, even in the four states that had abortion at a woman’s choosing in the first trimester for whatever reason or no reason.”<\/p>\n

\u201c[A] movement against access to abortion for women grew up, flourished, around a single target,\u201d\u00a0Ginsburg told the IWHC audience.\u00a0“And what was that target? It was nine unelected<\/em> judges [who] decide[d] this question for the nation. It should be decided by the people\u2019s elected<\/em> representatives. By the members of the state legislature.”<\/p>\n

She pointed to the “backlash<\/a>” over Roe which came immediately and in her view, “took on steam” because of Roe’s “unelected Supreme Court judges.”<\/p>\n

“That was the problem.\u201d she concluded.<\/p>\n

According to a later Cosmopolitan interview, Ginsburg\u00a0said<\/a>, “You give it to them softly. And you build them up to what you want,” suggesting that this sort of pro-choice incrementalism would have been better received by the public.<\/p>\n

Ginsburg believed Roe was a product of eugenic philosophy<\/strong><\/em><\/p>\n

Despite these statements, Ginsburg was very outspoken in favor of abortion. In a\u00a02009<\/a> interview with the New York Times Magazine, Ginsburg made some alarming comments, rightly suggesting that Roe<\/em> was a product of eugenic philosophy<\/a>.\u00a0“I had thought that at the time Roe was decided, there was concern about population growth and particularly growth in populations that we don\u2019t want to have too many of,\u201d Ginsburg said.<\/p>\n

Abortion, from its legal inception, was never from women or for women, as the polling data<\/a> at that time showed.\u00a0Instead, abortion was forced on Americans by elite eugenicist<\/a> pro-abortion men using\u00a0fabricated statistics<\/a>, who eventually co-opted the women\u2019s movement of the 1960\u2019s.<\/p>\n

Ginsburg understood this, and although she pointed to the “dialogue” happening in America, she failed to\u00a0address how the media played a role in the legalization of abortion by headlining articles to make it appear<\/em> as if the public \u2014 and specifically women \u2014 favored its legalization, when this was not the case.<\/p>\n

Every preborn human deserves to be protected. Ultimately, the goal is not to merely return the decision concerning abortion to the states to decide, but to ban abortion and treat preborn children as equal members of the human family, not as property to be killed at will.<\/p>\n

\u201cLike\u201d Live Action News on Facebook<\/a> for more pro-life news and commentary!<\/strong><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

Next week, the Senate will begin hearings on the nomination of Judge Amy Coney Barrett to the Supreme Court to fill the vacancy left by the late Justice Ruth Bader Ginsburg. Ginsburg was known for her support for legalized abortion, and the idea of filling her vacated seat with a Justice who does not share […]<\/p>\n","protected":false},"author":303,"featured_media":232428,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false},"categories":[15,11],"tags":[],"yoast_head":"\nJustice Ruth Bader Ginsburg: Abortion law should be decided by the people, not 'unelected judges'<\/title>\n<meta name=\"description\" content=\"Ginsburg, though pro-abortion, also thought pro-choice incrementalism put in motion by the courts would have been better received by the public than Roe.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/archive.liveaction.org\/news\/ginsburg-abortion-law-people-unelected-judges\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta 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