Sylvia Law (continued)
"In the early 1960s, when I was a college dorm counselor and a friend to many women, I began developing a list of abortion providers on a piece of yellow legal paper. It had the phone numbers, the name of the doctor, and the code word you needed in order to call and schedule for an abortion. It wasn't always easy and it was demeaning and difficult, but there was access to abortion in the 1960s. Women with higher education and in higher socioeconomic status always knew where to get an abortion because they were capable of coming up with money to go to Washington or Pennsylvania or Puerto Rico."
Janet Benshoof (continued)
"The high point for abortion rights in this country was around 1977. At that time, the constitutional protections of Roe were at a high point and there was the best access for poor women and young women. There was more Medicaid coverage for women, more rights for young people, and more providers inside and outside hospitals. Because more doctors performed abortions, and because it was viewed as a medical issue, not a political one, rapid medical advances could and did occur, which made abortion even safer.
In 1976, the Republican Party radically changed its platform by calling for the U.S. Constitution to be amended to impose what would be the most restrictive abortion ban in the world. This stated goal not only still exists, it has been pursued avidly and has been partially successful. The Republican platform's Human Life Amendment does not end with reversing Roe v. Wade. It goes far beyond Roe: by recognizing fertilized eggs as human beings with constitutional rights, it would prevent any state from legalizing abortion. Overturning Roe is the rallying cry of the conservative right, whose major focus is to diminish the power of the judiciary. There has never been any other single issue in the history of this country that is more determinative of who is nominated to the Supreme Court and the lower federal courts.
I've argued before federal judges across the country for over 30 years, and I have seen how shockingly politicized and polarized the judiciary has become since the Reagan administration. By contrast, the judges selected by President Nixon, who were not picked for their ideological views, are in large part extremely fair minded and judicious. The Nixon appointees have been very principled on applying the precedent of Roe. Now, there are some judges who are so completely ideological that they twist basic constitutional doctrines to create anti-Roe case law. Even worse, as shown by several cases in the Supreme Court, some justices will even twist basic legal standards on procedure or fact-finding to get an anti-abortion result.
One silver lining in this charged atmosphere is that it has enhanced the power of women's votes. Abortion is a highly salient issue to women, and when a threat to Roe is perceived, women relate to it as highly personal. They see that the opponents of choice will not stop at overturning Roe, but have a radical theocratic plan in mind. There are both political and legal gains when candidates are forced to define their position on Roe-or even to take a position. If politicians get elected on this issue, they are held accountable to their pledges. So, like making lemonade out of lemons, we're making feminist politicians-sometimes out of lemons."
Walter Dellinger (continued)
"One of the great professional privileges in my life was being asked to draft President Clinton's executive order issued on January 23rd, 1993 on the 20th anniversary of Roe. This order repealed the abortion counseling gag rule and the restrictive rules on participation in international family planning projects.
One week before the 20th anniversary, I was called by the Office of President-Elect Clinton and asked to prepare whatever executive orders a president could issue to protect women's reproductive rights. They were to be issued on January 23rd, 1993, two days after the new President's inauguration. It was a daunting task, but, at the end of a week, we produced a series of executive orders repealing the abortion counseling gag rule that had doctors giving incomplete and misleading information to some of the most vulnerable women and denying them knowledge about their basic rights of reproductive choice. The executive order repealed a policy which had restricted America's participation in previous international family planning projects, and called for reconsideration by the Food and Drug Administration of medical abortion methods, allowed service women access to abortion in overseas locations, and allowed fetal tissue transplantation research. The executive orders were designed to free our scientific research and medical practice from the grasp of abortion politics."
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