As we observe the sad forty-second anniversary of Roe v. Wade, the Supreme Court decision that overturned all state laws banning abortions and effectively served as a judicial death warrant for tens of millions of innocents, I think it is appropriate to pay tribute to the two dissenting Justices, Byron White, a Democrat, and William Rehnquist, a Republican. Here are the texts of their dissents:
MR. JUSTICE WHITE, with whom MR. JUSTICE REHNQUIST joins, dissenting.
At the heart of the controversy in these cases are those recurring pregnancies that pose no danger whatsoever to the life or health of the mother but are, nevertheless, unwanted for any one or more of a variety of reasons — convenience, family planning, economics, dislike of children, the embarrassment of illegitimacy, etc. The common claim before us is that, for any one of such reasons, or for no reason at all, and without asserting or claiming any threat to life or health, any woman is entitled to an abortion at her request if she is able to find a medical adviser willing to undertake the procedure.
The Court, for the most part, sustains this position: during the period prior to the time the fetus becomes viable, the Constitution of the United States values the convenience, whim, or caprice of the putative mother more than the life or potential life of the fetus; the Constitution, therefore, guarantees the right to an abortion as against any state law or policy seeking to protect the fetus from an abortion not prompted by more compelling reasons of the mother.
With all due respect, I dissent. I find nothing in the language or history of the Constitution to support the Court’s judgment. The Court simply fashions and announces a new constitutional right for pregnant mothers [410 U.S. 222] and, with scarcely any reason or authority for its action, invests that right with sufficient substance to override most existing state abortion statutes. The upshot is that the people and the legislatures of the 50 States are constitutionally dissentitled to weigh the relative importance of the continued existence and development of the fetus, on the one hand, against a spectrum of possible impacts on the mother, on the other hand. As an exercise of raw judicial power, the Court perhaps has authority to do what it does today; but, in my view, its judgment is an improvident and extravagant exercise of the power of judicial review that the Constitution extends to this Court.
Former Bush speechwriter, Mike Gerson, and David Brooks have been working to show why the Tea Party is at odds with some key aspects of conservatism, as Gerson comments, “It is at odds with Abraham Lincoln’s inclusive tone and his conviction that government policies could empower individuals. It is inconsistent with religious teaching on government’s responsibility to seek the common good and to care for the weak. It does not reflect a Burkean suspicion of radical social change.”
My suspicion of the Tea Party stems from the fact that I grew up on conservative thinkers like Edmund Burke, Russell Kirk, and Irving Babbitt. As a Catholic, the nativist rhetoric of the Tea Party echoes back to a time when a time that many believed you couldn’t be Catholic and American, just like today many think you can’t be Muslim and American. What we see reflected in the Tea Party is an ethnocentrism that chooses to selfishly horde the American dream.
In his column (linked to above), Gerson has raised some key questions about problematic Tea Party thinking: 1. They tend to think anything not written in the Constitution is unconstitutional, especially government programs like Medicare and Social Security. 2. As I mentioned above, they have a nasty nativist streak when it comes to immigration. 3. The have a problematic approach to the 2nd Amendment.