I’ve expressed some small misgivings about the idea of Albert Gonzales as the next Supreme Court appointee because of my fear that he would be wobbly on abortion (which means almost certainly voting pro-Roe). Ross Douthat of The American Scene (which I think is the best policy/culture blog period) has written a post that sums up my feelings entirely.
Here’s a bit that really struck home:
It’s no good saying that it’s okay to replace a squish with another squish. On abortion, and all the “social issues” for that matter, the squishes run the Court. The vote to uphold Roe would be 6-3 right now, unless Anthony Kennedy is starting to get worried about the terms of the pact he signed with the devil – um, I mean, the Georgetown dinner party circuit – in Planned Parenthood v. Casey. And the whole bloody point of having a conservative President in office for eight years is to change the Court’s unfavorable balance – not to ratify it! Does anyone think that if John Kerry had been elected President, and Rehnquist was about to retire, Kerry would be even considering a nominee who didn’t pass the People for the American Way litmus test on abortion?
Kennedy forthrightly said that he thought Roe was wrongly decided and then voted to save it. Gonzales is custom made for those clothes.
My first scholarly publication argued that we’ve come too far in our knowledge of fetal life to continue the fetus-as-personal-property style of abortion jurisprudence that has ruled the day so far. I stand by that and believe that we will some day look upon Roe as yet another of the terrible sins of the most prosperous and successful nation on earth. Jefferson said of slavery that he trembled for his country when he considered that God is just. That sentiment is fully applicable in the current debate over people treated as chattel.
Let’s save Gonzales for replacing Ruth Ginsburg.