Sep 15 2005
Edith Jones Replacing O’Connor?
Eric at Redstate has a post up hinting Judge Edith Jones is on the short list of candidates to fill O’Connor’s seat. I found this interesting tidbit for those like me who are not watchers of the courts and judges:
If Judge Jones is nominated, then there is little question that opposition to her candidacy will coalesce arround her recent concurring opinion in McCorvey v. Hill, No. 03-10711 (5th Cir. Sept. 17, 2004). In that opinion, Judge Jones wrote both a panel opinion turning aside a new challenge to abortion rights by the original “Jane Roe” — Norma McCorvey — and a passionate concurring opinion in which she recommends that the Supreme Court reconsider its controversial decision in Roe v. Wade.
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However, attached to the panel’s rather straightforward opinion is Judge Jones’ separate concurring opinion (it is somewhat unusual that the author of the panel’s opinion also writes a concurring opinion, but not unheard of). In her concurring opinion, Judge Jones points out that the evidence supporting McCorvey’s motion “goes to the heart of the balance Roe struck between the choice of a mother and the life of her unborn child.” Judge Jones also notes that the evidence suggests that women may suffer for years after an abortion, that several other Supreme Court assumptions in Roe are probably wrong, and that new medical science suggests how much pain a fetus suffers:
A very interesting read. I would expect the leftward fringes to rise up in an apopleptic fit if she was nominated. That would be one interesting show to watch.
Could I be any more excited about the prospect of a Jones nomination? I could not.
I think Bush just might do it–nominate Jones that is–because he can. So much for the he wouldn’t dare to nominate a hardline conservative line or the belief that he lacks “political capital” after Katrina. She would be a great pick and a tremendous boon to the feminist (as opposed to Feminist) movement as it would prove that you don’t have to adhere to NOW to be a successful powerful person. Also, the hearings would be fascinating–she’s tough as nails, but I wonder if Leahy & Co. have the stomach to savage a woman on national TV.
Do you think the leftward fringes have a limit to their capacity for volcanic rage?
You think it is only the liberal fringe who have slogans like, “Abortion: Have one to day!” who don’t want a judge like this. It’s not. I think Roe is bad law and maybe should be overturned but the reasoning you cite here is that of an activist judge. Abortion–in your view–is going to be about 2 people–so it is naturally going to be about competing rights. If we take the pro-life view it is going to be about two lives–and then you have to say which life is entitled to control the body of the woman and no matter what you do and how you look at it leagally you are never going to be able to give the right to control one persons body to another. If that were that the case I could just hook myself up to you and use you as a dialisis (sp?) machine and there wouldn’t be a darn thing you could do about it.
Chris
Chris,
I was only referring to a site that gave some insight into Edith Jones. My opinions on abortion are very complex and do not fit into one camp or another. Life is an incredibly precious gift and should never be sacrificed, but sacrificed for. With that said, I do not trust government to make the hard calls where this issue is gray and not cut and dry – I leave that to the parents to decide. Somehow we need to find a way to do all we can save the lives of the unborn just as we need to in the wake of a hurricane. But not all lives can be saved.
I agree with you that one body can rule another. No human being should be at the mercy of another. Mothers to be need to realize they hold the same power as a judicial system does with capitol cases and the death penalty. But they have none of the safe guards, appeals and experience to bring to bear to that difficult decision. And we as a society cannot abondon mothers to be to make that decision without support and help to make the best choice possible.