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This decision is not
about
a procedure...
It is essential that we
elect
pro-choice women to our
state legislature...
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It’s not about this Supreme Court decision.
It’s about our future.
In sum, the notion that the Partial Birth
Abortion Ban Act furthers any legitimate governmental interest is, quite
simply, irrational. The Court's defense of the statute provides no saving
explanation. In candor, the Act, and the Court's defense of it, cannot be
understood as anything other than an effort to chip away at a right
declared again and again by this Court—and with increasing comprehension
of its centrality to women's lives.
— Supreme Court Justice Ruth Bader
Ginsburg
A few days ago, the Supreme Court upheld a
federal law banning certain late term abortions. The court’s 5-4 vote in
Gonzales v. Carhart to uphold the federal Partial Birth Abortion Ban Act
of 2003 marks the first time that the court has restricted abortion
procedures performed prior to fetal viability without exception for a
woman’s health. Translation: The court has ruled in a way that rejects
considerations of a woman’s health and allows the federal government to
interfere in the most personal decision a woman can make.
This
decision is not about a procedure. It is about Congress and the Court
intruding on a woman’s autonomy to make her own medical decisions. It is
also about an alarming attitude toward women and it is this attitude
itself that scares me.
When I learned of the decision I was on the
phone with my 16-year-old daughter discussing what she was going to wear
to the prom this weekend. It was surreal. My daughter has been raised to
believe that as long as she works hard she can achieve anything. At her
young age she is carving out her future. In one act, the Supreme Court has
marginalized the health of women. What kind of message does it send to my
daughter? What kind of future does this create for her?
The
decision is also blatantly political. Ignoring testimony from respected
members in the medical community, several years ago Congress passed
legislation banning partial birth abortions—the safest choice for abortion
for some women. In justifying this legislation, Congress, relying on poor
information and testimonies from doctors who do not even perform the
procedure, declared incorrectly that there are no circumstances when a
health exception is necessary. Six lower courts rejected the ban finding
that Congress was wrong about the health implications for women. Even in
writing the Supreme Court opinion on the case, Justice Anthony Kennedy
acknowledged that Congress was incorrect in its statement that the
procedure is never medically necessary. Despite the plethora of
information proving that a woman’s health does matter in some cases of
late-term abortions, the Supreme Court ruled differently.
The high
court also ignored the fact that this ruling goes against 30 years of
Supreme Court precedent requiring a women’s health exception. (So much for
stare decisis as enunciated by both John Roberts and Samuel Alito
again and again during their confirmation hearings – they promised to
follow the precedent of the law?!) Incidentally, seven years ago, a
similar case out of Nebraska was rejected by the pre-Roberts/Alito Supreme
Court because it did not include an exception for a woman’s health.
One thing is certain: The role of state governments is going to be
very important. The Supreme Court decision has shifted the debate and it
will embolden forces to enact even more restrictions at the state level.
Because legislation is usually tested first at the state level before
national consideration, it is essential that we elect pro-choice women to
our state legislature to prevent these bills from being enacted in the
first place. The bill upheld in Gonzales v. Carhart was based on similar
legislation originally passed by the Nebraska legislature.
Electing qualified pro-choice, Democratic women in California
state government is important now more than ever. These candidates are our
best line of defense not only against changing the laws, but also they can
provide the diversity necessary to help reverse this alarming attitude.
I cannot help but imagine that this ruling would have been different
if there was at least one more woman on the Supreme Court. Women leaders
make a difference!
While my daughter is thrilled about the prom on Saturday night, she
is starting to understand. Hopefully, women who are a little older than
she, who feel they are entitled to equality, will realize that their votes
make a difference. It’s not just about our future; it’s about hers.
NORTHERN CALIFORNIA INAUGURAL RECEPTIONOn March 29, more than 100
people joined us as we officially launched CALIFORNIA LIST in Northern
California at the home of Janet Reilly in San Francisco (Thank you Janet).
Members, elected officials, and new friends of CALIFORNIA LIST toasted
Northern California's elected women and the successes of CALIFORNIA LIST.
Discussions that evening focused on strategies for increasing involvement
among younger women, as well as ways to prevent the further decline of
elected women in California. On that note, speakers Bettina Duval, State
Senator Carole Migden, San Francisco District Attorney Kamala D. Harris
and Assemblywoman Fiona Ma all spoke inspiringly about the importance of
cultivating and supporting women candidates, as well as the importance of
having women's perspectives in politics. Thank you to everyone who
attended this remarkable event. We deeply appreciate your enthusiasm and
support and look forward to seeing all of you at many more events in the
years to come!
BECOME A CALIFORNIA LIST MEMBER TODAYThe mission of CALIFORNIA
LIST is to elect Democratic women to California state government. We are
in the process of identifying women who are interested in running for
Assembly and Senate. Please visit our website www.californialist.org to read
about the women who have identified themselves as candidates. Please note
that we have not completed our endorsement process yet, but we are
highlighting the women who have announced their candidacies. We wish them
the best of luck and success as they launch their campaigns.
Please join our efforts to identify, recruit and fund Democratic
women to run for office. Women are rising to the top and we need to
continue to fill the pipeline with other future women leaders.
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