Originally Posted by Rod Kaufman
Hey Jim, if the initial post in this thread bothers you, let's try one with a narrower focus:
https://thehill.com/opinion/judiciary/522674-amy-coney-barrett-should-step-aside-if-she-cant-be-impartial
Hi Rod:
I read your link. The author is no doubt a good doctor who highly values a right to choose. Her perspective is, in my opinion, incorrect in two important ways:
1. The author says,
"Then it hit me, why is a federal policy threatened by a religious belief, one that is not shared by all religions?" This is an
extreme mistake that gives insight into the author's mindset. For starters there is no federal policy regarding abortion. Medical policy should be reserved to the states. More importantly,
Roe v. Wade is not a policy. It is a case from the Supreme Court that limits certain state policies concerning abortion. I understand that this author believes that the Supreme Court actually does set policy. Lots of folks feel that way. This is clearly why they are so upset that ACB is going to be confirmed to the Supreme court, because they doubt she favors the policies they favor. ACB knows of course that her job is
not to set policy. This is one reason predicting the outcome of many SC cases is so difficult. The lodestar applied by the Supreme Court should not be and typically is not "what policy do I favor." I think the author revealed a profound misunderstanding of what the Supreme Court does and does not do. This is probably why doctors should avoid writing about legal matters.
2. The Author concludes as follows:
"We need to continue to separate church and state and not consider imposing a religious view of some, to all — especially not in the Supreme Court and especially not for women in a time of crisis. I respect the faith of Amy Coney Barrett, but she cannot be neutral on issues of reproductive choice as her previous writings confirm." I'll leave alone the fact that this author can not comprehend that there are compelling legal reasons for overturning Roe, reasons which have nothing to do with religion. I think it is telling that the author states outright that the only
"neutral" position is pro-choice. Legally the neutral position is to leave the abortion issue up to the States, most of which would allow abortion.
At least this author did not suggest that ACB as a woman was unable to think for herself and would be a pawn of evil white male masterminds!
Jim