Word: roe
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...ugly partisan clash. Bush might get away with naming an unbending conservative to Rehnquist's slot. But one of the toughest tasks of Bush's presidency could be replacing O'Connor--a swing vote on a court that often rules 5 to 4 and the crucial fifth vote upholding Roe v. Wade, since pro-choice groups no longer count on Anthony Kennedy. "Any effort by Bush to appoint a far right-wing Justice to replace O'Connor could make the Ashcroft battle look like a walk in the park," says Elliott Minceburg, legal director of People for the American...
...first Hispanic to the court. The names most often cited: new White House counsel Alberto Gonzales, who logged two years on the Texas Supreme Court and has a thin paper trail; and Emilio Garza, a federal appellate judge in Texas who is further to the right--and volubly opposes Roe. Republicans hope that a Hispanic pick would tie Democrats in knots, although for some Senators, antiabortion views would outweigh diversity. Naming a woman in O'Connor's place would be a similar tactic. Edith Jones, another quite conservative federal judge in Texas, has been on the G.O.P. list for years...
Many court watchers believe Bush doesn't really want to tip the court further against Roe. Such a move, says Clint Bolick of the conservative Institute for Justice, "is simply too far from the prevailing public consensus." That would argue for a stealth candidate with a thin record--but could also enrage part of the Republican base and those who don't want uncertainty...
...abortion wars are on again. No, abortion is not about to be outlawed. There will be no overturning of Roe v. Wade. In America, this battle is fought, peculiarly, not at the center but at the periphery. The new President repeals the former President's directive allowing funding for abortion counseling overseas. He orders a safety review of RU 486, the so-called abortion pill. He then expresses himself on perhaps the most peripheral issue of all: research that relies on fetal tissue. Bush opposes such research, and has asked the Department of Health and Human Services to study whether...
...back-to-the-early-'70s drama of family misery and social devolution. It's an action-packed tale but light in every other way, although its tone can be very, very heavy. Abortion figures in, and much is made of changing mores in the era just preceding Roe v. Wade, but the quest for relevance founders in a swamp of hyperspecific, unnecessary stage directions and commercial-fiction panting about uncertain futures and what have you. So wait for the movie (the rights have already been bought). Then...