WSJ: Judgment Call (Miers Will Overturn Roe)

[MarkTwain]

Judgment Call
Did Christian conservatives receive assurances that Miers would oppose Roe v. Wade?

Monday, October 17, 2005 12:01 a.m. EDT

Two days after President Bush announced Harriet Miers's Supreme Court nomination, James Dobson of Focus on the Family raised some eyebrows by declaring on his radio program: "When you know some of the things that I know--that I probably shouldn't know--you will understand why I have said, with fear and trepidation, that I believe Harriet Miers will be a good justice." Mr. Dobson quelled the controversy by saying that Karl Rove, the White House's deputy chief of staff, had not given him assurances about how a Justice Miers would vote. "I would have loved to have known how Harriet Miers views Roe v. Wade," Mr. Dobson said last week. "But even if Karl had known the answer to that--and I'm certain that he didn't because the president himself said he didn't know--Karl would not have told me that. That's the most incendiary information that's out there, and it was never part of our discussion."

It might, however, have been part of another discussion. On Oct. 3, the day the Miers nomination was announced, Mr. Dobson and other religious conservatives held a conference call to discuss the nomination. One of the people on the call took extensive notes, which I have obtained. According to the notes, two of Ms. Miers's close friends--both sitting judges--said during the call that she would vote to overturn Roe. The call was moderated by the Rev. Donald Wildmon of the American Family Association. Participating were 13 members of the executive committee of the Arlington Group, an umbrella alliance of 60 religious conservative groups, including Gary Bauer of American Values, Richard Land of the Southern Baptist Convention, Tony Perkins of the Family Research Council, Paul Weyrich of the Free Congress Foundation and the Rev. Bill Owens, a black minister. Also on the call were Justice Nathan Hecht of the Texas Supreme Court and Judge Ed Kinkeade, a Dallas-based federal trial judge.

-SNIP-

Mr. Dobson says he was surprised the next day to learn that Justice Hecht and Judge Kinkeade were joining the Arlington Group call. He was asked to introduce the two of them, which he considered awkward given that he had never spoken with Justice Hecht and only once to Judge Kinkeade. According to the notes of the call, Mr. Dobson introduced them by saying, "Karl Rove suggested that we talk with these gentlemen because they can confirm specific reasons why Harriet Miers might be a better candidate than some of us think." What followed, according to the notes, was a free-wheeling discussion about many topics, including same-sex marriage. Justice Hecht said he had never discussed that issue with Ms. Miers. Then an unidentified voice asked the two men, "Based on your personal knowledge of her, if she had the opportunity, do you believe she would vote to overturn Roe v. Wade?"

"Absolutely," said Judge Kinkeade. "I agree with that," said Justice Hecht. "I concur."

- SNIP -

http://www.opinionjournal.com/diary/?id=110007415


...a very long piece with substantial information and data supporting the contention that Miers will overturn.

[FormerDittoHead]

1. Democrats should have passed Constitutional Amendment when in power

...rather than let it be left up to a controversial court decision which could be overturned this way.

For YEARS (esp 1977-78 when our power was at the max) Democrats could have drafted a clearly worded, passable amendment which would have chiseled Roe v Wade / reproductive rights into the law.

So now, instead of talking about national health care and so many other important issues, we're going to be "ping-ponged" around this PERSONAL issue once again, only this time MORE women must die...

[Czolgosz]

13. How could they pass such an amendment when the couldn't pass the ERA?

[nothingshocksmeanymore]

2. I can't wait to see all those people subpoena'd under the penalty

of perjury in front of the senate judiciary...maybe Rove will have some cell mates

[skipos]

3. R v. Wade isn't going to be overturned because

most Republican politicians don't want it overturned. Why don't most Reps want it overturned? Because most Americans don't (55% want abortion "always or mostly legal" according to this CNN 2004 exit poll http://www.cnn.com/ELECTION/2004/pages/results/states/US/P/00/epolls.0.html ). Republicans have been dangling this carrot in front of pro-lifers for years, and they will continue to do so.

[fjc]

4. Thanks for sharing. You can go back to sleep now..

[skipos]

7. If Miers is confirmed, I will gladly put my money where my

mouth is. Let me know if you want to make a friendly wager.

[hippiegranny]

10. FWIW

I'm inclined to agree with you.

[WCGreen]

5. It's also a great fund raising boogey man.....

[MarkTwain]

6. I agree completely....

1. it's been, exclusively, a ploy and strategy to move about 15-25% of the voters (their "base") and should it ever be overturned, there goes a fair part of that contingency.

2. and as the second post also indicates, it provides cash to the GOP treasury.

Should it ever be "overturned," it then becomes an issue for the states...

... which will ultimately and effectively mean, for the next few generations until the "dumb as dirt" genes are washed from their populations, that any women form a red state wanting to exercise control over her body will need to take a bus or a plane to a blue state.

[mac56]

9. I completely agree.

They may weaken it, but they'll never overturn it. It's just too valuable as "red meat" for the loyal wingnuts.

If they ever intended to overturn it, why haven't they done it by now? Good god, they control all three branches of government.

[JPZenger]

8. If Roe v. Wade Overturned, Will Cause Political Gridlock in Every State

If Roe v. Wade would be overturned, it will create a huge cultural war in every State legislature. It will mean that every State legislature will need to decide whether they will prohibit abortions. This will consume a great deal of energy and attention, and push back every other initiative. It will cause a flood of pro-choice and anti-abortion money into Govenors' races and State Legislatures. Every other topic will be moved to the back burner. This will be complete political gridlock.

[Gildor Inglorion]

12. I doubt it...it may cause a furor in a few blue states -

but here in Mississippi, and 95% of the rest of the red states, no debate will take place. Abortion will be prohibited, period. End of discussion. If women die, well, they just got what they deserved, didn't they? Poor women, that is. Wealthy women will still take a long weekend in the Caribbean when necessary.

[LynneSin]

11. Miers isn't enough to overturn RoeVWade

When Bush was in office the breakdown for RoeVWade was 6-3 with Rehnquist, Thomas & Scalia opposing. O'Conners was pro-choice so this will hurt us but we will still have Stevens, Kennedy, Souter, Ginsberg and Breyers.

Kennedy is the swing guy on the bench. He has supported RoeVWade but also supported Casey vs. Southeastern PA Reproductive - a case which allowed for restrictions to abortions including wait period and parental notification. What we have to hope is none of these 5 retire/die before Bush is out of the White House or at least a Senate Majority so we have a fighting chance to block extremists without the retaliation of 'nuclear option'

[Gronk Groks]

14. Don't be too sure...

...they can nibble at the edges at the very least. They MIGHT be able to overturn. Plus Bush has 3 years in which to name just 1 more Supreme Court Justice.

That is WAY to close for comfort...

[jaded_at_best]

15. From day one

I said this was about Roe vs Wade.

And where are all the Democrats? Out praising the ugly witch, Feinstein, Reid, you name it.

The Democratic leadership is this country's greatest threat, right below the Bush administration.