Womenstake, NWLC's Blog

Part 2: The Supreme Court, Now Endorsing Paternalism
by Gretchen Borchelt

This is Part 2 of a series on the Supreme Court abortion decision Gonzales v. Carhart.  For Part 1, click here.

Another troubling aspect of the Court's decision in Gonzales v. Carhart is its recognition of new government interests that can constitutionally justify restrictions on a woman's access to abortion. 

First, the Court recognized Congress's interest in banning what it termed a "brutal and inhumane" procedure.  While federal and state governments have always been allowed to justify restrictions on abortion in order to protect potential fetal life, never before has the "gruesomeness" of the procedure been a factor.  As Justice Ginsburg points out in her dissent, "the Act scarcely furthers that interest [in promoting potential life]: The law saves not a single fetus from destruction, for it targets only a method of performing abortion."  And with a new interest of banning procedures the state or Congress considers "gruesome" and "brutal," what is to stop anti-choice legislators from banning all abortion methods, one by one?  Won't they describe each abortion method as "brutal and inhumane"?  This newly recognized government interest gives license to anti-choice legislators go after all abortion procedures.

Second, Congress asserted an interest in protecting the reputation of the medical profession.

by Jill Morrison

I’ve run into lots of people who support reproductive freedom, but who are a bit uncomfortable when I tell them about one aspect of the Center’s work: opposing the prosecution of women for using drugs while pregnant [pdf].  Prosecutors have used a range of laws, from homicide to child endangerment to drug distribution, in an attempt to punish pregnant women based on a positive drug test of their infants. 

By Joan Entmacher

Bloggers spend a lot of time parsing the statements of politicians, but if one wants to get a true sense of their priorities, the budget is a good place to start. Congress just approved a budget that signals a change in course, after six years of lavish tax cuts for the very wealthy and cuts in health care, child care, education and training, and other services vital to women and their families.