If you thought American politics was a passionate and emotive affair, President Trump’s appointment of Brett Kavanaugh to the United States Supreme Court has not only driven the nihilists of his country into paroxysms of rage. He has also jolted Your ABC out of its publicly funded dreamtime to go into bat for the defenders of Roe v Wade with material from its preferred left-wing websites, like CNN and AP.
Of course, Judge Kavanaugh must still submit to a confirmation hearing before the United States Senate. Still, we can expect fireworks given that opponents denounced the appointment from the steps of the Supreme Court before they knew who had been appointed. Go figure that one.
Confirmation hearings are a unique feature of the United States Constitution. They were introduced in order to remove certain prerogative powers from Presidential powers. In Australia, appointments of High Court judges are made by the federal government and Parliament has no legal right to test the appointment; what a pity.
Democrat Senators’ moral (or is that immoral) outrage at the appointment of Judge Kavanaugh, like that of Your ABC, has really only one cog on its ratchet wheel, abortion, and the possibility that Roe v Wade, the case that gave American women the Constitutional right to kill their unborn babies, could be overturned. All the left wing lemmings in the States seem to have jumped to the conclusion that Brett Kavanaugh is a big C Conservative and that a conservative majority on the Court will overturn, inter alia, Roe v Wade.
Your ABC recounted the facts of that case, which do elicit some sympathy for the woman. Jane Roe was actually one, Norma McCorvey, who was healthy, unmarried, pregnant, wanted an abortion, but was unable to legally procure one within Texas at the time and could not afford to travel to another state for the procedure.
The rest, as they say, is history. The US Supreme Court discovered a ‘right to privacy’ among the rights guaranteed by the Supreme Court and from that, inferred a constitutional right to an abortion. Previously, abortion law was a matter for state legislators; pretty much the same as it is in Australia. If Roe v Wade were reversed tomorrow, the issue of abortion would return to various State jurisdictions. Because of the nature of the Commonwealth Constitution, such a decision is most unlikely in Australia, although given some other unlikely decisions; it is not possible to rule it out completely.
What is not recounted by Your ABC, however, is that Norma McCorvey never had the abortion. Her mother adopted the baby. McCorvey tells the true story of Roe v Wade as a tale of exploitation (read it here and weep for Jane Roe). Roe v Wade was a test case manufactured by her lawyer, Sarah Weddington, who took it to the US Supreme Court and won. Weddington had had an abortion four years previously in a clinic set up just across the Texas border in Mexico where McCorvey could have easily reached.
McCorvey recounts that she had asked Weddington and her colleague, Linda Coffee, where she could get an abortion and Weddington had replied that she didn’t know. In other words, Weddington lied to Norma McCorvey because she needed McCorvey to be pregnant in order to have a case to run. McCorvey’s story, like the whole abortion business, is a story of exploitation of women at their most vulnerable.
It is not the patriarchal society, nor is it the male of whom women must be on their guard. It is other women, middle class, white and privileged women who use their sisters’ desperation to advance their own selfish interests. Let us hope, in the interests of American mothers, that Judge Brett Kavanaugh does the right thing in accordance with his constitutional duty.
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