According to the San Francisco Chronicle (11-5-2006), regarding a 2000 Nebraska abortion case, Supreme Court Justice Anthony Kennedy took “an emotion dissenting opinion” in which he said that states should be able to outlaw
“A procedure many decent and civilized people find so abhorrent as to be among the most serious of crimes against human life.”
Whether you happen to support or oppose abortion rights, there’s something horribly flawed in this argument that threatens all of us. To read it coming from a Justice of the Supreme Court is disturbing, to say the least.
Logically, the argument for outlawing anything “that most people find abhorrent” can be used against anything. Historically, we find it used to support, among other things: ethnic cleansing, anti-gay laws, racism, and suppression of forms of free speech with which some people do not agree.
Not only can it be used for these things, it is. One can only imagine a future civilization which strongly supports a woman’s right to her own body. In such a society, do you think people with strong anti-abortion views should be criminalized for attacking popular civil liberties?
There’s a good reason why there’s no room in the Constitution for emotional litmus tests. They short-circuit the requirement of tying the law to established constitutional rights. Depending on the shifting quicksand moods and whims of public opinion, you could end up being the victim of such “reasoning”. What a shame to see this rhetoric coming from the highest bench seat in the land.
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