Posts tagged with "Roe. v. Wade"

Warren: Congress must enact federal laws protecting abortion rights

May 20, 2019

Responding to a flurry of state-level anti-abortion laws, 2020 presidential candidate Senator Elizabeth Warren (D-Massachusetts) said on March 17 that Congress must pass federal laws to protect access to birth control and reproductive care, The Huffington Post reported. .

She posted on Medium, outlining the type of federal actions needed, should challenges from jurisdictions with anti-abortion laws lead the Supreme Court to overturn Roe v. Wade, the landmark 1973 decision that ensures a woman’s right to an abortion.

“Court challenges will continue. And the next President can begin to undo some of the damage by appointing neutral and fair judges who actually respect the law and cases like Roe instead of right-wing ideologues bent on rolling back constitutional rights,” Warren wrote. “But separate from these judicial fights, Congress has a role to play as well.”

The senator said Congress must create federal, statutory rights that parallel Roe v. Wade’s constitutional rights, according to the Huffington Post. These rights would include barring states from interfering in a provider’s ability to offer medical care or blocking patients’ access to such care, including abortions. This would invalidate state laws like those in Alabama, Georgia, and Ohio.

Warren also proposed that Congress enact laws to preempt states’ efforts to limit the chipping away of  reproductive healthcare in ways that don’t necessarily violate Roe v. Wade. Such efforts include restrictions on medication abortion; and geographical and procedural requirements that make it nearly impossible for a woman to get an abortion.

Congress also must repeal the Hyde Amendment,  a 40-year-old policy that blocks abortion coverage for women under federally funded health care programs like Medicaid, Veterans Affairs, and the Indian Health Service, according to Warren. She added that conversations about reproductive health access and coverage should include immigrant women.

To ensure equal access to reproductive health care, Warren wrote, Congress must terminate President Donald Trump’s gag rule on abortion clinics and support Title X funding for family planning. She added that lawmakers must also prevent violence at clinics and discrimination based on women’s choices about their own bodies—adding that Congress must “ensure access to contraception, STI prevention and care, comprehensive sex education, care for pregnant moms, safe home and work environments, adequate wages, and so much more.

“This is a dark moment. People are scared and angry. And they are right to be,” Warren wrote. “But this isn’t a moment to back down ― it’s time to fight back.”

Research contact: @HuffPost

Skid Roe? Leaked documents show Kavanaugh may backslide on Roe v. Wade

September 7, 2018

As White House Staff Secretary during the administration of President George W. Bush, Brett Kavanaugh reviewed “literally every [policy] document that went to the Oval Office,” according to then-Deputy Chief of Staff Karl Rove, who described the current SCOTUS nominee’s role at the time as “central” to Newsweek in July.

Bush also nominated Kavanaugh for the position of judge on the D.C. Circuit Court of Appeals—a role he has played since 2006.

Now, it has come out that, during Bush’s term in office, Kavanaugh questioned the accuracy of deeming the Supreme Court’s landmark Roe v. Wade abortion rights decision to be “settled law of the land,” according to a secret email obtained by The New York Times and posted on its site on September 6.

The email, written in March 2003, is one of thousands of documents that a lawyer for President George W. Bush turned over to the Senate Judiciary Committee about the Supreme Court nominee, but deemed “committee confidential”—meaning that it could not be made public or discussed by Democrats in questioning him in hearings this week.

However, it was among several communications leaked to the Times late on September 5.

According to that news outlet, Judge Kavanaugh was considering a draft opinion piece that supporters of one of Bush’s conservative appeals court nominees hoped they could persuade anti-abortion women to submit under their names. It stated that “it is widely accepted by legal scholars across the board that Roe v. Wade and its progeny are the settled law of the land.”

However, Judge Kavanaugh proposed deleting that line, writing: “I am not sure that all legal scholars refer to Roe as the settled law of the land at the Supreme Court level since Court can always overrule its precedent, and three current Justices on the Court would do so.”

He was presumably referring to then-Justices William Rehnquist and Antonin Scalia, along with Justice Clarence Thomas, conservatives who had dissented in a 1992 case that reaffirmed Roe, Planned Parenthood v. Casey.

The court now has four conservative justices who may be willing to overturn Roe—Justices Thomas and John C. Roberts Jr., Samuel Alito and Neil Gorsuch — and if he is confirmed, Judge Kavanaugh could provide the decisive fifth vote.

Still, the Times noted, his email stops short of saying whether he personally believed that the abortion rights precedent should be considered a settled legal issue.

Democrats have complained about relying on the advice of Bush’s lawyer rather than the National Archives to decide what to provide to the Senate, as one part of a larger faceoff over how many documents from Kavanaugh’s stint in the Bush administration the Senate and public should be able to vet before his confirmation vote.

Other leaked materials provided to The Times included a document showing that in September 2001, after the terrorist attacks, Judge Kavanaugh engaged with a Justice Department lawyer about questions of warrantless surveillance—even before the Bush administration began its warrantless surveillance program.

And in yet another, Kavanaugh disparage Department of Transportation affirmative action regulations, writing: “The fundamental problem in this case is that these DOT regulations use a lot of legalisms and disguises to mask what is a naked racial set-aside,” he wrote, adding that he thought the court’s four conservative justices at the time would probably “realize as much in short order and rule accordingly.”

What’s more, on  September 6, other potentially compromising emails were released by Senator Cory Booker (D-New Jersey), who posted a series of emails about racial issues that included the affirmative action-related email obtained by The Times.

Meanwhile, In an ABC News/Washington Post poll released on Tuesday morning, Americans were split on Kavanaugh’s nomination to the U.S. Supreme Court— coming in at the the lowest support levels for a high court nominee in polling back to 1987. Thirty-eight percent of Americans say Kavanaugh should be confirmed, 39% not, with the rest undecided in this poll, produced for ABC by Langer Research Associates. Only two nominees have had weaker public support: Harriet Miers, who withdrew her nomination, in 2005; and Robert Bork, rejected by the Senate in 1987.

Research contact: @charlie_savage

Views of abortion vary widely among U.S. religious groups

January 30, 2018

More than four decades after the U.S. Supreme Court’s decision on Roe v. Wade legalized abortion nationwide in 1973, most Americans (57%) still support the right of a woman to choose, according to a Pew Research Center survey released on January 22.

However, a substantial minority (40%) say abortion should be illegal in all or most cases—and within some U.S. denominations and religious groups, this figure is much higher.

Specifically, the majority of Jehovah’s Witnesses (75%) and Mormons (70%) say abortion should be illegal in all or most cases, according to findings of Pew’s 2014 Religious Landscape Study—a survey of more than 35,000 Americans in all 50 states.

The same holds true for members of some evangelical churches; including the Pentecostal denominations, Church of God (Cleveland, Tennessee) (77%) and Assemblies of God (71%), and America’s largest evangelical denomination, the Southern Baptist Convention (66%). Indeed, nearly twice as many evangelicals say they oppose legal abortion as support it (63% to 33%).

By comparison, only 35% of those who are part of the mainline Protestant tradition say abortion should be illegal in all or most cases, with 60% in support of keeping abortion legal. Members of the Episcopal Church (79%) and the United Church of Christ (72%) are especially likely to support legal abortion, while most members of the Presbyterian Church (U.S.A.) and the mainline Evangelical Lutheran Church in America (65%) also take this position.

Among those who wholeheartedly support choice? Unitarian Universalists (90%) and American Jews (83%) are much more supportive of legal abortion than the general population. And most people who have no religious affiliation – particularly atheists and agnostics (87% each) – also support abortion rights.

Research contact: info@pewresearch.org.