More on Roe
Re: “The Crazy Uncle in the Attic” (8/16/18): Michael Cummins is correct that “Roe’s deficiencies are an open secret among America’s liberal intelligentsia.” The problem however is not with Roe v. Wade but with the failure of “liberal intelligentsia.” The Supreme Court, including Republican appointees, has consistently upheld Roe. In response and to appease the Christian right, Republicans have altered the Court. Our “liberal intelligentsia,” by picking away at Roe, have provided aid and comfort to this subversion of our judiciary.The primary role of the Supreme Court is to protect our fundamental liberties. The Constitution, in the 9th Amendment, recognizes the existence of liberties other than those enumerated. At issue in Roe is the substantive meaning of “liberty” under the 14th Amendment. The Constitution of 1789 enshrined slavery. The Civil War Amendments (13th, 14th and 15th) abolished it. The Civil War here provides context for “original intent.” Slavery in America was more than a peculiar economic institution. Slavery entailed sexual coercion. The point is not trivial for Constitutional interpretation. “Liberty” includes rights over one’s own body, including the right to use contraceptives and to terminate a pregnancy.If our “liberal intelligentsia” care about the state of our politics, they might first look in the mirror.
— Carl J. Rasmussen, via email
The case of Roe v. Wade actually turned on the question of whether there was a legal tradition protecting the life and rights of the fetus. The state of Texas was unable to produce any. All such legislation is post-Roe. Lacking legal precedent for protection of the fetus, the court turned to the woman’s right to control her body.This is where the 4th Amendment (privacy rights) and the 14th Amendment (due process) come into play. The right to be secure in our person, papers, domicile and effects includes the right to make our own medical decisions, our own decisions about how to treat our bodies, and our privacy in the records concerning such decisions. The 14th Amendment complements this by pointing out that we have the liberty to do these things until the government can make the legal case for depriving us of our liberty.In short, a woman has the same right to make decisions about her body that men take for granted. This is not a “bizarrely bad piece of constitutional jurisprudence.”
— Jim Miller, via email
No respect for Pride
Re: Madweek (8/16/2018): I lost a bit of respect for Madison’s gay pride movement over their decision to exclude the Madison Police Department in their parade. I have always supported LGBTQ rights, and I have also been greatly concerned about the epidemic of police brutality over the past 10 years. But given that Madison easily has one of the most progressive police forces in the nation, I think this is an ill-conceived and intolerant decision.
— David Hammond, via Facebook