Roe v. Wade Turns Forty

Norma McCorvey, plaintiff, "Jane Roe," in Rove v. Wade

Today is the fortieth anniversary of Roe v. Wade, a Supreme Court decision that has done little to settle the question of abortion in American society. OTR abhors the practice along with the decision guaranteeing its universal right, and he would have opposed a decision ensuring its universal denial as well. From a legal perspective, he believes a decision on this matter is best reserved for the states. The best decision, however, does not reside in the courts at all for this is a matter reserved for the heart.

The American experiment has a rather questionable record when it chooses the legal extremes of universal permission or denial in moral matters. Two glaring examples of failure in this arena include the prohibition of alcohol (1919-1933) and the so-called War on Drugs (1914-present, but enhanced since 1970). Although Roe v. Wade brought, among other outcomes, access and safety to the practice of abortion, it gave rise to program abuse, deep social division, and the ethnic cleansing of black America that, sadly, rivals the best intentions of the eugenics movement of a century ago. Indeed, the road to Hell is paved with good intentions.

This is an emotional issue - "a matter reserved for the heart" - and its subjective nature arouses broad opinion. William Katz has a post at Urgent Agenda that shares/shadows the observations above.  Our friends at Real Clear Politics have provided links to Jeffrey Toobin's comments in The New Yorker and those of Gail Collins from The New York Times. The editors at National Review also spoke on the issue earlier today.

Robert Bork, R.I.P.

A generation is more like a century in the age of 24/7 news. For that reason, news of the passing of Robert Bork, a legal scholar whose 1987 Supreme Court nomination created a firestorm, will last only hours. What  survives is the controversy surrounding the man and the impact his personality has on the nomination process.     National Review Online has a fine series of posts on Bork by Ramesh Ponnuru, Steven Calabresi, John O'Sullivan, Mark Steyn, and Jay Nordlinger. Additional tributes are available on the December 20 page. Andrew Cohen presents another view of Bork in his post at The Atlantic.

OTR remembers the nomination hearing quite well, but what he remembers most about Robert Bork was this most enjoyable article he wrote for National Review on the reelection of Bill Clinton for a second term. Kudos to Katherine Jean Lopez for posting this essential piece which would otherwise be hidden behind the NR pay wall.

Supreme Court Rules In Favor Of New Haven Firefighters; Overrules Sotomayor's Decision

The U.S. Supreme Court has issued a decision in the case of Ricci v. DeStefano, ruling in favor of the New Haven firefighters. This takes us one step closer to a color blind society, the kind of community envisioned by Dr. Martin Luther King Jr. where people should be judged not by the color of their skin, but by the content of their character. This decision will, of course, upset those who make their living in the race industry. Their names will become apparent as the day progresses. For information on the decision, The Hill has the story here.