Thursday, July 9, 2009


Naturally, Ruth Bader Ginsburg said it better than I in a recent New York Times interview:

Q: Since we are talking about abortion, I want to ask you about Gonzales v. Carhart, the case in which the court upheld a law banning so-called partial-birth abortion. Justice Kennedy in his opinion for the majority characterized women as regretting the choice to have an abortion, and then talked about how they need to be shielded from knowing the specifics of what they’d done. You wrote, “This way of thinking reflects ancient notions about women’s place in the family and under the Constitution.” I wondered if this was an example of the court not quite making the turn to seeing women as fully autonomous.

JUSTICE GINSBURG: The poor little woman, to regret the choice that she made. Unfortunately there is something of that in Roe. It’s not about the women alone. It’s the women in consultation with her doctor. So the view you get is the tall doctor and the little woman who needs him.

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