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Pro-abortion Justice Ginsburg on her future tenure: “There’s work to be done. I will remain to do it as long as I can full steam”

by | Sep 12, 2017

By Dave Andrusko

Pro-abortion-to-the-hilt Justice Ruth Bader Ginsburg was in Chicago yesterday at a conference held at the Roosevelt University that “focused on themes of law, social justice and the American Dream,” according to the Associated Press. Ginsburg, who joked about her status as a kind of judicial “rock star,” briefly assured her adoring audience at the beginning of her talk that she isn’t going anywhere.

“There’s work to be done,” the 84-year-old justice told attendees. “I will remain to do it as long as I can full steam.” The AP’s Sophia Tareen explained how “The event took on a festive atmosphere with standing ovations and loud cheers. One young girl dressed as Wonder Woman. Two women wore T-shirts featuring all three female Supreme Court justices with the caption ‘Squad Goals.’”

Most of what Ginsburg did was to engage in a conversation with U.S. Court of Appeals Judge Ann Claire Williams. And it is certainly often true that the most revealing comments about abortion from Justice Ginsburg are elicited when she is interviewed by a sympathizer.

For example, she once gave a lengthy interview to MSNBC’s Irin Carmon. Here are a few insights into Justice Ginsburg’s thinking that came out of the interview.

#1. How appropriate it is in describing the status of abortion laws prior to the 1973 Roe v. Wade decision that Ginsburg would radically understate what the real situation was–just as the breadth and depth of Roe is minimized to this day.

Justice Ginsburg told Carmon

Remember that before Roe v. Wade was decided, there were four states that allowed abortion in the first trimester if that’s what the woman sought. New York, Hawaii, California, Alaska.

Truth be told, abortion was legal on demand through 24 weeks and in some states beyond!

#2. Most pro-abortionists rent their garments at the thought of the 1992 Casey v. Planned Parenthood decision which pried open the door allowing entry of some commonsense pro-life measures that the High Court heretofore had rejected.

Ginsburg has a different—or additional—take. (Her response was in the context of whether the Court would overturn Roe and Ginsburg cited the Court’s adherence to precedent in explaining why she thought they wouldn’t.)

They gave a reason [in Casey], a rationale that was absent in Roe v. Wade itself. Roe v. Wade was as much about a doctor’s right to practice his profession as he sees fit. And the image was the doctor and a little woman standing together. We never saw the woman alone. The Casey decision recognized that this is not as much about a doctor’s right to practice his profession, but about a woman’s right to control her life destiny.

Surely it was true that if you read Justice Blackmun’s opinions in Roe (and the companion case, Doe v. Bolton), it was more about deference to physicians than it was about extending the “right” to abortion to women.

In Casey, by contrast, some of the justices soared off into metaphysical ramblings—specifically in the so-called “mystery passage.”

They asserted that the abortion liberty is necessary in order “to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life.”

“Beliefs about these matters,” they wrote, “could not define the attributes of personhood were they formed under compulsion of the State.” As pretentious as it was incoherent.

#3. Carmon asks, “And when the time comes, what would you like to be remembered for?” Justice Ginsburg answered

Someone who used whatever talent she had, to do her work to the very best of her ability. And to help repair tears in her society, to make things a little better through the use of whatever ability she has.

But in the abortion context, Ginsburg did not help repair tears. Just the opposite. In her work at the ACLU Women’s Rights Project, she helped pave the way for Roe and Doe which are more controversial today than they were in 1973.

In her many years on the bench, Ginsburg has helped delay the day when the deep gash in our hearts and our Constitution is mended.

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Categories: Roe v. Wade