Sometimes the law and the courts lead the country culturally and sometimes they follow. In the case of abortion and the Roe v. Wade decision, the Supreme Court has been mired in a decision that was so wrongly decided that it now has difficulty in reaching a position consistent with the national intuition about abortion.
According to a recent Washington Post poll, 16% of Americans believe abortion should be legal in all cases, 39% believe it should be legal in most cases, 31% believe is should be illegal in most cases, 12% believe it should be illegal in all cases, and 2% remain unsure. Thus 70% of Americans believe some regulation of abortion is appropriate. There has been a slight shift against abortion over the last decade, but these percentages given in the poll have remained remarkably stable. In 1996, 24% believed that abortion should be legal in all cases. If Roe v. Wade had been decided differently, states would have managed to reach some reasonable compromises with respect to abortion without the political rancor that now accompanies the issue. Moreover, these state-by-state decisions would enjoy the legitimacy associated democratic decisions.
These notions are consistent with the general view, that early in pregnancy the fetus has not really achieved the status of person and hence most Americans grant total discretion to the pregnant woman with regard to abortion. However, as the fetus grows, so does its identification as a person. This is why a majority of the country and a majority Congress agreed to ban partial-birth abortion (intact D&E). In this procedure, the fetus is delivered entirely except its head. The head is then destroyed and then remainder of the fetus is removed from the mother. There is some controversy as to medical necessity of the procedure, but one has to suspend common sense to not believe that the chief reason for destroying the fetuss head is to insure that it is not born alive. Once a fetus escapes the mother alive, there would be an obligation to treat the baby as person and to render medical assistance. Partial birth abortion treads too close to infanticide and was hence it was banned.
In Gonzalez v. Carhart, the Supreme Court ruled 5-4 that the ban of partial birth abortion was legal. However, the decision was so narrowly drawn and the margin on the Court so small, there is virtually no chance that the Court as currently constructed will measurably erode abortion rights. It is not even clear that the partial birth abortion ban will save even a single fetus from destruction. Nonetheless, reading the opinions of the Court, particularly the dissenting opinion by Justice Ruth Bader Ginsberg is illuminating.
Roe v. Wade used the right of privacy implied by the Fourth Amendment to find a right to abortion in the Constitution, but it was never really about privacy. The government and the courts have no problem regulating other procedures like breast enhancement surgery that certainly touch on the issue of privacy. As Ginsberg honestly concedes, “…legal challenges to undue restrictions on abortion procedures do not seek to vindicate some generalized notion of privacy; rather, they center on a woman’s autonomy to determine her life’s course, and thus to enjoy equal citizenship stature.” Abortion rights have little to do with Constitutional imperatives, but with a notion about how a society should be run. Despite Ginsberg’s preference, this is the job of elected representatives, not judges no matter how wise or enlightened they believe themselves to be.
Ginsberg explains how abortion rights jurisprudence is tied to the concept of viability, the point at which the fetus will survive outside the womb. This is a convenient, but not principled demarcation. The age of viability continues to decrease. Recently, Amillia Taylor survived with less than 23 weeks of gestation, weighing less than a pound at birth. The American Association of Pediatrics has declared such babies as non-viable, but this little Amillia did not much care what the august American Association of Pediatrics avers.
One can anticipate that at some point in the future, it will be possible keep babies alive born earlier in the second trimester. It is seems that a more reasonable demarcation would be something inherent in the nature of the fetus (or baby), for example the maturity of its mental and brain structures. Again, these would be best debated in legislatures, where it is easier to change laws as additional scientific information becomes available.
It is hard to believe that the Gonzalez v Carhart decision would be considered a victory by either side of the abortion debate. Doctors may no longer be able to perform an intact D&E, but they can dissemble the fetus within the womb and then extract it. As Ginsberg concedes, “The law saves not a single fetus from destruction.” Is this what the pro-life movement considers a victory? Certainly, the pro-choice Americans will not perceive a benefit from the attention to paid to the public description of the gruesome procedures used to terminate late-term abortions.
Perhaps the only good to come of the Carhart decision is that it provided one more hilarious illustration of the mendacity of Senate Majority leader Harry Reid. President Bush appointed Justice Samuel Alito to the Supreme Court, replacing Justice Sandra Day O’Conner. She would have likely flipped the 5-4 decision in the Carhart Case. Compelled to criticize Bush, Reid reflexively complained immediately after the Carhart decision was released. He grumbled that “[a] lot of us wish that Alito weren’t there and O’Connor were there.” However, Reid voted for the partial abortion bill and he was thus complaining that the Supreme Court had upheld a bill that he voted for. Is Reid conceding that he voted for a bill he considers unconstitutional? One could not make up a better tale of hypocrisy.
The Gaia Napa Hotel
Sunday, May 6th, 2007The Bloomberg media services company recently reported on the Gaia Napa Valley Hotel and Spa, less than 40 miles northeast of San Francisco, a self-described “eco-friendly property,” equipped with low-water-use toilets and showers and paved in recycled stone. If the owners can find a market for their hotel services, then who are any of us to complain. A quick check showed rooms priced as low at $149 a night. While this is high by Midwestern standards, for a hotel near San Francisco, this rate is reasonable.
Bloomberg also reported that this environmentally-conscious hotel had replaced the Gideon Bible, that is traditionally found in hotel rooms, with a copy of Al Gore’s An Inconvenient Truth. It is difficult to conjure up a more fitting metaphor for the transition of the environmental movement from a reasonable concern for stewardship of the environment to a religious faith. The “Tree Huger”web site even considered the Bible replacement to be a “nice touch.”
Since the story came out, the hotel claimed that the Bibles haven’t been replaced. According the hotel’s web site, “Contrary to an erroneous news report, Gaia Napa Valley Hotel and Spa is continuing the long tradition, first established in 1899, of placing a Gideon bible in all our hotel guest rooms. In addition, we are placing the book of Buddha’s Teaching for Buddhist travelers.” Now whether the Bibles were always there or hastily brought in to deal with popular criticism is something that is difficult to determine from a distance. We should grant the benefit of the doubt and assume that the hotel managers were not so foolish as to discard Bibles. However, of the name Gaia for the hotel and the message behind Gores An Inconvenient Truth. that the time for debate about global warming issues is over, are implicit signs of the descent of the extremes of the environmental movement to cult-like status.
Gaia is the Greek goddess of the Earth. In its mildest form, the Gaia Hypothesis is almost trivially true: that life on the Earth can be considered as an interlinked system, complete with self-regulating feedback loops. In its more extreme form, the Gaia Hypothesis views the Earth as a living organism, perhaps even with a consciousness of it own. The personification of the Earth and the environment, implicit in giving the Earth system a name and consciousness, re-enforces the cult like worship of the Earth which views humans an interlopers. From this perspective, every creature, but humans, are a part of nature. Only humans can deliberately upset the natural balance. Only humans can be evil. However, it is the capacity of humans to choose to be either good or evil that makes humans unique and immeasurably more valuable than the remainder of creation. It is this moral capacity that makes us stewards and not subjects of the Earth or Gaia.
The issue of climate change is an important one. We are in the processes of assessing the extent to which human actions affect climate. Some believe that immediate action is necessary. In an effort to compel such action, we are told by Al Gore and others that the debate is over and the scientific consensus favors immediate action to alleviate global warming. Concede for the moment that such a broad scientific consensus exists. This is does not mean that the debate is over. Science is inherently skeptical, always willing to question, and perpetually provisional. When we suspend skepticism or when we discontinue debate we move from the realm of reason to the realm of faith. Ironically, some environmentalists use the credibility and authority to science to suppress the very processes that make science credible and authoritative.
By all means visit the Gaia Hotel in California and enjoy your stay while studying An Inconvenient Truth. But recognize that humans are unique to the world and that this uniqueness is measured by the extent that humans have the capacity to act morally and question authority.
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