LOGO: Truthdig: Drilling Beneath the Headlines. A Progressive Journal of News and Opinion. Editor, Robert Scheer. Publisher, Zuade Kaufman.Best Political Blog Winner, 2007 Webby Awards, People's Voice and Jury.   Holiday Scheer! Exclusive Truthdig Gifts for the Holidays
 
December 5, 2008
Log in / Register

 Choose a size
Text Size

Most Read

‘Daily Show’: Is MSNBC the New Fox News?

Chevron in the White House

Will Obama Stay the Course?

Was There Any Point to the Bloodshed in Mumbai?

Gates Was ‘Hoping the Question Would Never Be Popped’

Most Comments
Most Emailed

Reports
 * NEW! * Bush the Infallible
 * NEW! * Those Other Elections

Ear to the Ground

A/V Booth

Arts & Culture

Digs
Financial Meltdown 101
Vetting Sarah Palin

Truthdig Bazaar
High Tartary

High Tartary

By Orville Schell, Owen Lattimore
$19.91

more items

 
Reports

Supremes Know Best

Email this item Email    Print this item Print   
Posted on Apr 26, 2007

By Ellen Goodman

BOSTON—Let us return to that wonderful yesterday when the United States Supreme Court ruled that Myra Bradwell couldn’t be two things at the same time: a lawyer and a woman.

On that occasion, Justice Joseph P. Bradley left a perfect entry for the Father Knows Best time capsule, circa 1873. “Man is, or should be, woman’s protector and defender,” he intoned. “The natural and proper timidity and delicacy which belongs to the female sex evidently unfits it for many of the occupations of civil life.”

Bradley went on to explain why this decision couldn’t be in the hands of the woman. “The paramount destiny and mission of woman are to fulfill the noble and benign offices of wife and mother. This is the law of the Creator.” Mrs. Bradwell had to be protected from her own misguided and unwomanly ambitions ... by men.

Justice Bradley did not put the pater in paternalism. But when you bring his 19th-century gem into the light of our 21st-century lives, it glistens like a genuine relic. Want to veto your wife’s decisions on the grounds that you know what’s best for her? Well, don’t try this at home, those days are over. Or are they?

There was a small relic hidden in the Supreme Court’s recent decision upholding the ban on so-called partial-birth abortions. For the first time, Justice Anthony Kennedy justified banning an abortion procedure not only to protect the fetus but to protect the woman.

“While we find no reliable data to measure the phenomenon,” he admitted, “it seems unexceptionable to conclude some women come to regret their choice to abort the infant life they once created and sustained.” Reliable data or not, the “regrets” of these women became another reason to ban a procedure for all women. The state could protect her, the justice implied, from her own ill-informed, misguided decision.

For this argument, Kennedy reached down into the legal briefs of anti-abortion activists who have been honing a political strategy based on the idea that abortion hurts women. They’ve tried to turn the pro-choice position on its head, declaring that abortion opponents are the ones who truly care about women’s health.

The abortion-hurts-women argument had its first incarnation in repeatedly debunked attempts to link abortion to breast cancer. Now anti-abortionists have fabricated an entire mental illness they name post-abortion syndrome, which has been debunked by study after study. Nevertheless it reappears in testimonies from women whose stories about their trauma are spread throughout state legislatures considering all sorts of new restrictions.

Abortion is inherently harmful to women, their argument goes, because it violates a woman’s true “nature,” her role as a mother. This would be familiar stuff to Justice Bradley, but Justice Kennedy also wrote about “the bond of love the mother has for her child,” suggesting that any true woman would suffer.

I don’t deny that some women feel regret as well as relief after an abortion. More than 30 million American women have had abortions since Roe v. Wade. Each unwanted pregnancy comes with its own story of a failed contraceptive or failed relationship, of an economic or a health crisis. Some women do indeed feel coerced by men or by parents. Surely thousands have suffered from the crisis they faced and the decision they had to make. 

But to this range of individual dilemmas, the pro-life argument offers only one solution: Criminalize abortion. To this range of life stories, it offers only one kind of “help”: Take the decision out of her hands. Now their argument has been folded into a Supreme Court decision. As Yale Law School’s Reva Siegel said, “The opinion imagines that the state knows better than women what they really want and need in matters of motherhood.”

It’s no wonder that Justice Ruth Ginsburg, the only woman on the court and a lawyer who made her name overturning laws based on stereotypes, chided Kennedy for reverting to those stereotypes. She reminded him how far the court had come in defending a woman’s right to shape her own destiny.

I don’t believe that Justice Kennedy is the clone of Justice Bradley. In other abortion and gay rights cases, he’s agreed that the court’s obligation is “to define the liberty of all, not to mandate our own moral code.” But this time he’s stuck his toe into some very treacherous waters.

As Siegel said, “If they regulate all women on the assumption that they don’t know their own interests, that they lack the ability to make their own decisions, we’re back in the 19th century.”

It’s amazing how quickly the current can shift and the waters flow ... backward. 

Ellen Goodman’s e-mail address is ellengoodman(at symbol)globe.com.

© 2007, Washington Post Writers Group

Email Newsletter

Get truth delivered to your inbox every week.

Previous item: When Justice Is Skin-Deep

Next item: Putting Our Worst Foot Forward

Jump to Comments

Advertisement


Elsewhere: .

Comments

Are you a Truthdig member yet? Login now, or register with Truthdig.

By Jaki, May 3, 2007 at 12:34 pm #

We will not go backwards.  Women have the right to control our own bodies and our destiny.  If and when we want children we will have them (by “nature”, as the chauvinist pseudo-intellectual John Lowell divines should be our only option without choice as to when, or by adoption--our choice).

CHOICE.  PERSONAL, INDIVIDUAL CHOICE.  “The Pursuit of Life (women’s), Liberty (women’s) and Happiness (women’s)” (does that sound a bit familiar?) That is what this is all about.

Regardless of The Supremes’ unconstitutional, paternalistic dictates, or the States, or the barbarian “pro-life” zealots, who threaten, bully, intimidate, and even kill (doctors, clinic workers, activists), we will have abortions.  The issue for all to consider for their daughters, wives, granddaughters, sisters...is will the procedure be safe, clean, legal, competent, affordable and readily AVAILABLE. 

In the 60s I did not have this option (pre Roe v.Wade) and had to go to a foreign country to have
an abortion, which almost cost me my life.  Then, of course, there were those hundreds of thousands EACH YEAR who did not survive chemical, coat-hanger, and back-alley abortions, all of which will reappear if The Supremes and Neo-Cons and
Religious Zealots have their way.

Is this what you “freedom lovers” out there want?

Remember:  No matter what is done to interfere with a woman’s right to choose, A WOMAN WILL ALWAYS FIND A WAY TO HAVE AN ABORTION IF SHE WANTS IT. And there will always be providers. 

What kind is up to us.

Keep in mind--the next President of the United States will probably appoint Justices.  This issue should be paramount and the question we all should ask constantly of those who are running for this office:  Do you UNEQUIVOCALLY support a Woman’s Right To Choose?  There is no compromise that is acceptable.

Report this

By MARIAM RUSSELL, May 2, 2007 at 9:43 am #
(Unregistered commenter)

John Lowell.....

Lets discuss ¨the spirit of the time¨

I doubt, very much, that Ellen or any other women living here in privileged USA or anywhere in this world miss ¨the mediaeval grace of iron clothing¨.

You can blather on about Plotinus and Manes of the third century or quote Mr. Robinson of the late 19th century, but we are not discussing that here......no angels on heads of pins for us women....only blood and guts for us.

We are discussing the law of a multi-cultural country that consciously did not adopt religious doctrine as the law of the land, but declared that we are a people capable of making choices and decisions for our own lives according to our own set of beliefs, not to be dictated by the state, but within an agreed framework of laws, called the Bill of Rights and the Constitution of the United States of America. Nowhere in those documents does it say that we must, because we are women, kill ourselves because it would go against the religious doctrine of our neighbor to stay alive.

Nowhere have you heard us discuss the requiring of abortion, or even birth control, for our neighbor.....even when he has 9 or 10 unruly children who terrorize the neighborhood, will not be educated members of society because there are no resources for anything but bare necessities, and are ¨sort of cared for¨ by a harassed, exhausted woman who has no time for anything but the bare necessities, because we know that to start forcing our neighbors to live be our set of beliefs is against what our country is about, and is against common decency.......even in a vastly over-populated world.

A few salient points, then I will shut up…

Partial-Birth” Abortion Bans
The most recent legislative attacks on abortion rights are bans on so-called “partial-birth” abortions. These bans threaten the fundamental principle of Roe v. Wade which ensures legal abortions in the first and second trimesters. The legislation on late term abortions defines the procedure as an abortion in which the person performing the abortion “partially vaginally delivers a living fetus before killing the fetus and completing the delivery.” This terminology is so vague that it can be interpreted to encompass methods of first and second trimester abortions as well. This poorly worded law could easily pave the way for increasing restrictions on all abortions, which is the ultimate goal of anti-choice proponents.

The phrase “partial-birth abortion” is not a medical term; it was invented by anti-choice strategists for political purposes.

90% of all abortions occur by the end of the first twelve weeks. Only about 600 (1%) of the 1.5 million abortions each year are performed after twenty-four weeks and only 327 of those are performed after twenty-seven weeks.1

Since 1995, thirty states have adopted laws banning so-called “partial birth” abortions. In twenty of these states, the laws were blocked when challenged.2

Sentences for physicians for the crime of performing a “partial-birth” abortion range from fines and short prison sentences in some states to life imprisonment in others.

Every abortion provider in the State of Wisconsin stopped providing abortions (including first and second trimester abortions) in May 1998 when a “partial-birth” abortion law was passed there, out of fear they would be prosecuted. They resumed providing abortions only after Wisconsin D.A.s assured them they would not be prosecuted for first and some second trimester abortions.

A federal judge in Miami blocked a “partial-birth” abortion ban in June 1998 because it “appears to pose a threat” to the constitutional rights of women. He also said the felony charges that have been threatened against doctors and clinics “threatens women with irreparable injury because they may be denied appropriate medical care."3 Most “partial-birth” laws challenged in other states have been overturned by the courts for similar reasons.

Report this

By Louise, April 27, 2007 at 3:24 pm #
(Unregistered commenter)

As always, the abortion issue brings the best and the brightest, AND the dim and the dumbest into the spotlight.

Partial Birth Abortion.

The dim and the dumbest, male AND female, weep and wail and wring their hands. Such horror! How could any mother (let alone doctor) murder a baby being born!

How indeed.

Let us put this issue in proper perspective.

No woman on the face of the earth would suffer through nine months of discomfort, nausea, and pain, looking forward to the day the baby would be born so, following eight to twenty or more hours of excruciating labor she could kill it just before it delivered!

NO WOMAN ON THE FACE OF THE EARTH!

Of course NO man on the face of the earth can understand that, because no man on the face of the earth has ever been pregnant!

Men can not get pregnant! No matter how badly man may want to believe he and only he controls life, he CAN NOT get pregnant.

He CAN NOT give birth!

So, he does the only thing a man governed by WOMB ENVY can do. He diminishes the woman who CAN. Even to the point where he will cause her to die if necessary so he can claim HER pregnancy and HER delivery as his own.

So called partial birth abortion happens when the life of the mother and usually the baby is at risk. Most doctors will try to save both. Few doctors will stand by and do nothing and watch both die. Sometimes a husband is called upon to make a choice. Most husbands will demand the mother be saved.

A man who truly loves his wife and family (and himself) will have another child. Those are the best and the brightest.

Irregardless, the need to make a life and death decision is none of Bush’s, or a repub congressperson or the Supremes business!

These dirty old men need to pull their heads out of from beneath women’s private lives and do something worthwhile for a change.

They care so much about life? Why don’t they stop the torture and the wars? Why don’t they do something about the mess Israel has made of Palestine?

Why don’t they stop killing children in the Middle East?

I’ll tell you why. They all have WOMB ENVY!

They don’t really give a big flat fig leave about life!

So much for the dim and the dumbest.

Absolutely NO excuse for the woman who supports this “law”. She cant be suffering from womb envy, so she must be just plain dumb.

Report this

By Lee, April 27, 2007 at 9:12 am #
(Unregistered commenter)

The 21st century and were still burning witches, for their own good.

How different is this issue from slaveowners controlling their slaves, for their own good?

How different is this from violently controlling (selective) innocuous verbs, free adult Americans choose to put in their own bodies?

The law may seem right or may seem ridiculous, but the true nature of these types of laws are only illuminated when we see how they are enforced.

Report this

By M Currey, April 27, 2007 at 2:50 am #
(Unregistered commenter)

What is the reason behind the meaning to protect the unborn, what if a woman is single and has four children, must she have a fifth child, what will be the fate of that child born to a mother who can barely take care of four?

Most concertative people think that if you have children you surely must stay married, but what is marriage if you are still concidered by some that women are the property of men, to be used and abused, when a women is abused enough times she elects to become single.  Of course men can engage in sex and not be concerned with its outcome, but women have this problem of wanting to have sex, but always have the problem of maybe getting pregnant.

I think that men should also consider when they have sex will the women become pregnant.

Again, I think that most women really do not want abortion but since thay are the people who take care of their children (even when men won’t) they should be able to choose abortion.

The matter as to guilt is sure you might feel guility but if you have too many children are the same people against abortion going to feed the children they are so concerned about?

M. Currey

Report this

By kevin99999, April 26, 2007 at 1:40 pm #
(Unregistered commenter)

The Supreme Court of the U.S., a politically appointed institution, which has become a bastion of the right wing views, is as independent in its decisions as the chairman of the Republican party. Yet, we are told by charlatons that this is an independent institution. I would rather trust the judgment of con men on the street who are politically independent rather than opinion of a politically appointed body.

Report this

By James Yell, April 26, 2007 at 11:44 am #
(Unregistered commenter)

This matter might have some call to attention except that these justices, do not advocate the social programs needed to feed, cloth and shelter and provide medical care to children already here. Their actions means back to the back alley abortionist, or if you are wealthy enough a trip to another country.

Don’t kid yourself that these judgement has anything to do with concern for life, if it did they would do something about the abuses to the Bill of Rights by the people who appointed them judges. They are corrupt and willing to increase suffering to get a cheap self righteous high.

If you don’t support the welfare program than you don’t support life. Forceing pregnancies to term will not hide the fact.

Report this

By John Lowell, April 26, 2007 at 10:36 am #
(Unregistered commenter)

Well, yes, I suppose its true that someone with Ellen Goodman’s zeitgeist would consider any attempt by the Supreme Court to ground the modern female in nature as “backward”. In Ellen’s very comfortable, elitist world, “wymin” populate a kind of contextless, ethereal zone, one free of the moral constraints life otherwise imposes on the rest of us, one so free, in fact, that “wymin” aren’t bodies, they simply possess them. Ellen’s logic presupposes a kind of two-part human being, one a “self” which is only contingently connected to that which is biological, the second a “body”, over which one is said to have “rights” but something nevertheless alien and utterly objective. For Ellen, to be free - and progressive - means to be unencumbered; to be otherwise is anachronistic. What Ellen doesn’t grasp, of course, is how hopelessly anachronistic this anthropology of hers really is, having as it does more in common with that of Neo-Platonism, Manicheanism and the ancient world than anything at all more modern. It was just this hideously out of date, inadequate dualism that the Christian notion the “person” was designed to correct. But Ellen, like Minimer Cheevy, prefers the days of old, days when people were not quite fully human. You can always justify killing what’s merely semi-human, can’t you? Just ask Ellen.

John Lowell

Report this

By B, April 26, 2007 at 8:27 am #
(Unregistered commenter)

This nation moves towards some very scary times.

B

Report this

Add Your Comment

Posts by unregistered readers are moderated. Posts by members
are published immediately. Why wait? Register today!






Notify you when others comment on this article?


Are you a human?
Retype the word you see here.


Please read and abide by our comment policy.
By submitting this comment, you agree to this site's terms and conditions.

Newsletter

Get Truthdig in your inbox

Privacy Policy

 
Click here to advertise with Truthdig
 

 
Join the Liberal Blog Advertising Network
 
 
 
 
 
 
 

A Progressive Journal of News and Opinion. Editor, Robert Scheer. Publisher, Zuade Kaufman.
Copyright © 2008 Truthdig, L.L.C. All rights reserved.