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Ms. Magazine (US), July 1, 2005
EDITORIAL: Hanging
By A Thread: Whats At Stake If We Lose
The Supreme Court
A battle rages in the U.S. over the nuclear
option to eliminate Senate filibusters
for judicial nominees. Make no mistake
the push for the nuclear option may focus today
on federal circuit-court judges, but it paves
the way for the Senate to rubber-stamp President
Bushs choices for the U.S. Supreme Court.
A replacement for ailing, 80-year-old Chief Justice
William Rehnquist could be sought as early
as this summer. Justice John Paul Stevens is
85 and two justices are in their 70s, so other
retirements might follow. Bush could propose
as many as three new Supreme Court justices
before his term expires.
So whats at stake for women in this battle
over judicial nominees?
Plenty.
If the makeup of the Supreme Court shifts, women
could lose most, if not all, of the constitutional
gains we have made since the mid-1960s
and that includes the right to privacy.
As reproductive-health expert and Margaret Sanger
biographer Ellen Chesler points out, in the
first part of the urgent report in Ms. magazine,
that right provides the basis for legal access
to abortion and even birth control. Losing
it could turn back the clock, as a series of
intertwined decisions on reproductive rights
would unravel.
If Roe v. Wade last affirmed by a narrow
5-4 Supreme Court ruling is reversed,
legal dominion over abortion reverts to the
states. Many of todays state legislatures
would ban abortion or even make it a criminal
act.
Next, the radical right would probably push for
limiting availability of contraceptives
first for teenagers, then for single women.
Finally, they might try to withhold certain
types of contraception from married women.
Pharmacists who say their religion forbids birth
control are already refusing to fill contraceptive
prescriptions. Will new, more conservative
courts back them up?
But rolling back reproductive rights is only
the first act in a nightmare scenario that
could come to pass if right-wing judges take
over the federal courts and the nations
highest court. On Page 36, we point out four
other crucial womens rights that could
easily be lost with the change of just one
or two votes on the Supreme Court.
The majority of people in this country, men and
women, do not want to go backward on womens
rights: The polls are clear on this, as preeminent
national pollster Celinda Lake, who has followed
reproductive-choice issues for more than two
decades, points out on Page 37.
So what can you do? You can and must let your
friends and community know whats going
on. Kathy Bonk, one of the nations leading
feminist communication analysts and strategists,
has outlined some concise talking points (see
Page 38) that you can use to advocate for a
federal judiciary that will preserve our cherished
rights.
Dont be left out of this debate. Womens
voices are needed in this fight we have
way too much to lose.
<< Ms. Magazine -- 7/1/05 >>
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