The Real Story

By now everyone is talking. Likely you are too. Courtesy of Politico, there’s no lack of discussion going on right now about the possibility – or likelihood – the Supreme Court will reverse Roe v. Wade, ending Federally promoted and protected abortion rights and delegating such authority to states.

Fair enough. There’s lots to talk about.

We could talk about whether abortion should be a nationally defended and enshrined right or not. That’s where most of the talk right now will focus. No real difference there – the debate has been heated and the split hardly lopsided since Roe v. Wade was first handed down. Most of that discussion will likely focus narrowly on the Supreme Court’s role in both creating such a right and then modifying it (not eliminating, as this will be spun in most liberal circles). The Supreme Court’s decision will almost certainly not ban abortion, but will repeal it as a Federal matter and open the door for individual states to determine their course of action on the matter.

We could talk about the lopsided insistence of not only allowing but, definitionally, encouraging and legitimizing abortion as a viable method of birth control despite a huge percentage of Americans with serious to moderate reservations on the matter. The press coverage thus far is predictably overwhelmingly in support of Roe v. Wade, condemning the Supreme Court for even considering reversing it and with it 50 years of abortion promotion. Language about women’s rights and privacy predominate coverage thus far. Notably absent in such coverage – as well as in the scientific community – is the reassertion that abortion kills a human being. Absent is discussion on whether the fact that a human being is very, very small negates their human rights in the justification of murder.

But what we ought to be talking about – very seriously – is the fact that we’re talking about these things because some staffer inside the Supreme Court, some law clerk or other person privy to the information, leaked it to the press, and the press decided to publish it. As Politico acknowledges, this has never happened before in the history of the United States. The precedent it sets is monumental and catastrophic. The intent can be none other than the (further) polemical politicizing of the Supreme Court, and to pressure the justices based on selective coverage of public outrage.

If anyone considers this to be a win for justice or reason or democracy, they are grossly mistaken. There is no benefit in this. If it accomplishes the goal of swaying justices away from such a decision, this is not a positive thing regardless of how happy abortion-rights activists might be. It will demonstrate our forfeit of whatever justice remains in our country on the altar of popular (and usually ill- or mis-informed) opinion and emotionalism, disproportionately framed by a complicit media bent on distorting the reality of a truly divided population. Further commentary on these dangers will be whether the offending person can and will be identified, and what penalties they suffer. It’s already a given they will be exonerated by the press, but if they are not dealt with sternly nonetheless, the precedent set will be disastrous. The possibility that such an action could have possibly been encouraged by one of the Justices themselves should also not be overlooked, though the ramifications of such a situation will likely have to be dealt with solely by that justice’s conscience.

Again, there is no scenario in which the events this week can be seen as any sort of win for the Supreme Court, democracy, the much-vaunted and ill-defined concept of privacy so glibly invoked by those wishing to defend the legal status quo, the judicial process as a whole, and by extension the American people. I pray Roe v. Wade is overturned. The number of lives such a reversal might save – even though individual states may still opt to legalize abortion via state law – is hugely important. But the recklessness of leaking this information and publishing it have already inflicted massive damage on American justice, and the reverberations of this will continue to echo in our culture and society long after this set of judges have passed on.

3 Responses to “The Real Story”

  1. Jonesy Says:

    Amen pn

  2. Dianne Pedersen Says:

    I am not in favor of abortion. I am not in favor of capital punishment. But how would I feel if my 15 year old granddaughter was raped or became pregnant by her uncle? How would I feel if my grandson was killed in cold blood? I struggle with these questions.

    • mrpaulnelson Says:

      Thanks Dianne. I appreciate your honesty!

      This is going to take a longer response than I can give in the comments, so I’ll e-mail you directly as well as post the response on this blog.

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