Overruling Roe

[JMHACLJ at aol.com]

In a message dated 11/17/2005 9:34:10 A.M. Eastern Standard Time,  
SLevinson at law.utexas.edu writes:

The point of my posting is that it appears to be  Republican pols who are 
beginning to panic that they're going to lose their  security blanket.  I wonder 
what Davis's statement portends for any  further congressional crackdowns on 
abortion.  (How do you think he wants  the Supreme Court to rule in the 
upcoming late-term abortion  case?)


Rep. Tom Davis is an interesting case.  He is my representative,  having been 
delivered by the last redistricting here from the clutches of the  fighting 
Irishman, Jim Moran.  As a quick check on the scorecard for Davis  at the 
American Conservative Union reveals, he runs between 72-73 percent and 80  percent 
parity with ACU on the votes they monitored (and those votes included  ones 
related to abortion and related issues).  But he also voted against  repealing 
the District's handgun laws, which probably puts him lower on the  standings w
ith the NRA PAC (although I haven't checked to see).  And, for  those who live 
and work in this district and who turn out for Republican events,  and I have 
talked with more than a few of them, a perception exists of Tom as  something 
of a country club Republicanism, even though his ACU rankings suggest  to the 
contrary.
 
And beyond the specifics of who Davis is, doesn't your question really ask  
for an evaluation of what else might be done at the Congressional level?  
 
I mean, Congress prohibits the use of military facilities overseas for the  
provision of abortion services, it prohibits near-delivery infanticide (some  
call that partial birth abortion) (even if the prohibition has been roundly  
rejected in the trial courts), it imposes restraints on the use of medicare  
funds, it compels hospitals to provide care for children born alive after  
abortions if the hospital receives federal funding, and it criminalizes such  
assaults on fetuses as would constitute crimes against their mothers (so long as  
the offense is committed in circumstances that bring it within federal  
jurisdiction).  Beyond that, and short of either my recently floated  naturalization 
proposal or Senator John East's Human Life Bill, what would you  have Congress 
do?
 
I suppose that Congress could apply subtle pressure to the Supreme Court,  
like cutting back funding, or ala "Walking Tall" move their chambers to various  
restroom facilities around the District.  But short of that kind of  
behavior, considered well deserved among deeply conservative folks, what could  
Congress do?  
 
And by this I really only mean to reflect on the essentially local nature  of 
abortion, or any other health care, regulation.  This act was a  crime.  
Accusations of being an abortionist were defamatory per se.   Maybe that day is 
gone never to return.  But just because the supporters of  abortion on demand 
and without apology held sway at the Supreme Court doesn't  necessarily mean 
that just any federal initiative is  appropriate.
 
Jim Henderson
Senior Counsel
ACLJ
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