In The Hat

Abominations

In this article, Hillary Cllnton says, at an abortion rally:

'... [Hillary] Clinton said the Bush administration is "filled with people" who view the landmark 1973 Roe v. Wade abortion ruling by the Supreme Court "the worst abomination of constitutional law." '

This statement made me chuckle a little bit - yes, it's true, the administration likely is filled with people that think that the decision is an abomination of constitutional law; the funny part is that most "pro-choice" people that know anything at all about constitutional law think the same thing. Roe v. Wade is almost universally regarded as an abomination of constitutional law.

"It is almost universally disrespected, even among those who like the result," says Michael Paulsen, a University of Minnesota Law School professor who, incidentally, does not like the result. "There's a cottage industry of professors trying to rehabilitate Roe on some respectable grounds."

Jeffrey Rosen, liberal George Washington University Law School professor and legal affairs editor at The New Republic, likens the ruling to "the mad grandfather in the attic that no one wants to look at. It's a lingering embarrassment." He adds, "The remarkable thing about Roe is that 30 years later, scholars are still trying to find a good rationale for it."

I wouldn't be surprised if Hillary Clinton chuckled to herself while saying it, knowing that she felt the exact same way.

See, the problem with Roe was that it was decided on "privacy" grounds, and, as such, has no firm constitutional roots. Even the most vehement supporters of abortion rights and the Roe outcome are looking at ways to get the case re-decided on Equal Protection grounds.

So, yes, Hillary, your statement was technically correct - the White House is filled with people that consider Roe to be "the worst abomination of constitutional law." But so was the White House before this one. That most people at your rally of "supporters" are too uneducated on the issue to call you on it, well, that's the real abomination.

Posted by jkhat at April 25, 2004 12:14 PM | TrackBack