Sunday, January 22, 2006

The final anniversary of Roe v. Wade

Today marks the 33rd anniversary of the Supreme Court's landmark decision in Roe v. Wade. In my estimation it will be the last time (or at least close to the last time) that the decision will stand. Unfortunately for any women in the "red" states, you will probably no longer be able to decide what happens in your own body. Even if having the baby is a threat to your own life.

The course of events that will lead up to the impending overruling of this decision were set into motion when George W. was re-elected. Ironically, Bin Laden just came out with a new mix tape to prove what a terrible President this jackass has been [remember Wanted: Dead or Alive? that was about 4.5 years ago]. Anyway, aside from his corruption, cronyism, awful foreign and domestic policies, the most dangerous thing this president has done is stock the Supreme Court with two more ultra conservative justices.

The thing about the presidency is that it will end. In 2008, there will be someone else at the helm of our ship (god help us if its Cunnilingus Rice or Hillary Clinton) and while W's terms have pretty much been a train wreck, most of what he's done can be fixed by the next president. Furthermore, since a president can't make or interpret the laws of the country, he can't really force all Americans to become born again Christians (for example [as I'm sure he'd like to do {if he actually is a born again and that wasn't just made up for political gain}]). The most potentially lasting and dangerous thing a president can do is appoint a Supreme Court Justice and unfortunately for those of use who believe in things like evolution and the separation of church and state, W has gotten to appoint two.

When the founding fathers of this country envisioned the Supreme Court, they believed that the Justices should not be encumbered by having to run for the office. The idea is that judges should not make decisions based on what is popular or politically advantageous to themselves. They should make their decisions based on the law and the evidence before them. What the founding fathers did not foresee is that due to the lifetime tenure of the Supreme Court Justice, a party in power can appoint idealogues or party shills to the post, rather than the best or most qualified judge in the land.

But, as a Constitutional scholar, I know that the president is under no obligation to appoint the best or most qualified judge in the land. A Supreme Court Justice does not have to be a judge at all. They don't even need to be lawyers. Bush could have appointed Brownie from the Hurricane Katrina disaster and America probably would have had to sit by and watch him get confirmed. This is why the nominations and subsequent confirmations of Roberts and Alito are so troubling.

Just last week, we got a taste of what the foreseeable future will hold under the Roberts Court. The Court blocked the Bush administration's attempt to punish Doctors in Oregon who help terminally ill patients die (Jesus said you have to suffer, silly!). The holding of the Court is not surprising, but what is telling are the justices who dissented in this ruling. I bet you could have guessed that they were Scalia, Thomas, and Roberts. When Alito gets confirmed, the religious right will have an automatic 4 Justice block of votes ready to rule for them. This is the tragedy of the George W. Bush presidency. And that, my friends, is saying a lot.

So this brings me back to Roe v. Wade. Ladies, get your abortions now, because all the Court will need to overturn that decision is one more vote (since you already know how Scalia, Roberts, Thomas, and Alito are voting) out of the remaining 5 Justices. And abortion is just the decision we know they want to overturn. Who knows what other decisions this voting block will make? But as the confirmation of Alito draws nearer and nearer, America takes one step further away from its democratic roots and one step closer to becoming a corporate theocracy.