Morning Briefing
Summaries of health policy coverage from major news organizations
Different Takes: Stronger Ruling Than Roe V. Wade Could Save Abortion; Permissive Abortion Laws Must Go
Roe v. Wade is doomed. So says Washington's latest conventional wisdom. Given the likelihood that President Donald Trump will complete the most conservative Supreme Court majority in generations with his choice to succeed retiring Justice Anthony Kennedy, the forecast makes sense. But conventional wisdom is so frequently wrong (remember Election Day 2016?) that every eruption is worth a second look. As usual, there's plenty to see. (David Von Drehle, 7/4)
How can someone who calls herself pro-choice oppose Roe v. Wade? Let me count the ways. The decision itself is a poorly reasoned mess. It failed to mount a convincing case that the Constitution contains language that can be read as guaranteeing a woman鈥檚 right to abort her pregnancy. Nor have the subsequent courts that amended and extended Roe managed to come up with a constitutional justification; it鈥檚 all 鈥渆manations and penumbras鈥 and similarly float-y language that did little to convince opponents that Roe v. Wade was a good or necessary ruling. Even many liberal supporters of a constitutional right to abortion have voiced concerns about the way the Burger Court got us there; those critics include Justice Ruth Bader Ginsburg. (Megan McArdle, 7/3)
Just hours after Supreme Court Justice Anthony Kennedy announced his retirement, media legal analysts and commentators began forecasting what this will mean for women鈥檚 reproductive freedom. On CNN: 鈥淩oe v. Wade is doomed.鈥 Huffington Post: 鈥淚t鈥檚 time to prepare for life without nationwide legal abortion.鈥 Reuters: 鈥渁 death knell for Roe v. Wade.鈥 Or, as one commenter remarked, invoking Dylan, 鈥渓ooks like it鈥檚 all over now, baby blue.鈥 I share the despair, but have we forgotten something? Republicans have a one-vote majority in the Senate. Their number includes two female moderates, Susan Collins and Lisa Murkowski, both of whom support abortion rights, and one of whom 鈥 Ms. Collins 鈥 has already declared this week that she would not support a candidate hostile to Roe v. Wade. (Susan Faludi, 7/5)
No Supreme Court nominee is a completely safe bet. No one 鈥 not even the nominee himself or herself 鈥 knows for certain how he or she would rule on a particular case until the moment arises. When the Supreme Court explicitly weighed overturning Roe v. Wade and eliminating constitutional protection for abortion rights in 1992, for instance, Justice Anthony M. Kennedy provided the fifth vote to prevent that outcome. But Kennedy鈥檚 vote in an abortion case three years earlier made that position surprising 鈥 including, perhaps, to the justice himself. And yet: Of all the potential Supreme Court nominees that President Trump is considering, the one who seems most inclined to undo Kennedy鈥檚 work and overturn Roe as completely and quickly as possible is Amy Coney Barrett, a 46-year-old newly minted (last November) federal appeals court judge. (Ruth Marcus, 7/4)
If Chicken Little and Cassandra had a baby, they鈥檇 name him Jeffrey Toobin. Anyone watching CNN lately has probably heard Toobin鈥檚 prediction that if a conservative fills the Supreme Court seat left vacant by departing Justice Anthony M. Kennedy, abortion is dead.No more reproductive choice; no more equal protection for the LGBTQ community; no more fun for anybody, except Jesus and his acolytes. The effect has been an unloosing of hysteria upon the land. Democrats began tearing their garments and gnashing their teeth as they foresaw 24/7 Christian broadcasting and Charlton Heston reruns. Republicans, always sore winners, fired their guns in the air, swatted Hillary Clinton pi帽atas and 鈥 I鈥檓 not sure this part is true 鈥 square-danced till way past dark. (Kathleen Parker, 7/3)