4a Opinion Monday, January 22, 2001 Perspective For comments, contact Chris Borniger or Nathan Willis at 864-4924 or opinion@kansan.com Roe v. Wade undermines democracy Imagine a 5-4 U.S. Supreme Court decision that ignores the opinion of almost half of America, includes scathing dissension by the minority, and leads to cries that the court is politicized. Too easy, right? Except the year is not 2000 — it's 1973, and the case is *Roe v. Wade*. While I could talk at length about the arbitrary and predatory nature of abortion, I would prefer to explore why the decision is not legally sound. What Roe v. Wade certainly did not do was assert an unrestricted right to abortion. The Court created two "compelling" points during which the state can override the mother. The first is between the first and second trimesters. At this point, the state develops an important and legitimate interest in the life of the mother," because at that time the danger of an abortion was greater than the childbirth mortality rate. The second is at viability, defined as "the capability of a meaningful life outside the mother's womb." At this point, the state's interest in prenatal life overrides the decision of a woman to have an abortion. I take issue with this decision for a number of reasons. First, it shut me Robert Chamberlain columnist gerolin@ianaan.com out of a process in which I should have input. Second, it created a right where there isn't one. Third, the definition of viability is changing rapidly, thanks to science. Roe v. Wade stripped me of my ability to express my views on abortion at the ballot box. In Justice White's dissent, he wrote "[t]he Court apparently values the convenience of the pregnant mother more than the continued existence and development of the life or potential life she carries. ... I find no constitutional warrant for imposing such an order of priorities on the people and legislatures of the states." He went on to state that "[t]his issue, for the most part, should be left with the people and to the political processes the people have devised to govern their affairs." Justice William Rehquist echoed this opinion, equating the ruling with "judicial legislation" rather than "a determination of the intent of the drafters of the Fourteenth Amendment." This state of affairs should be intolerable to all of us who believe in participatory democracy. The Supreme Court is designed to interpret the Constitution, not to create laws — to provide a check on the states, not to pre-empt them. The supposed right to an abortion has no constitutional warrant. It is not "private" in the sense covered in the Bill of Rights, according to Justice Rehnquist. "To reach its result, the Court necessarily has had to find within the scope of the Fourteenth Amendment a right that was apparently completely unknown to the drafters of the amendment," Rehnquist wrote. But when the amendment was drafted, "there were at least 36 state laws enacted by state of territorial legislatures limiting abortion ... The only conclusion possible from this history is that the drafters did not intend to have the Fourteenth Amendment withdraw from the states the power to legislate with respect to this matter." Justice White was more blunt. "I find nothing in the language or history of the Constitution to support the Court's judgment," White wrote. "The Court simply fashions and announces a new constitutional right for pregnant mothers and, with scarcely any reason or authority for its action, invests that right with sufficient substance to override most existing state abortion statutes." Technology is quickly overtaking Roe v. Wade. While abortions are becoming safer, the ability to care for premature infants is expanding as well. Presumably, at some point it will be possible to bring a child to term completely outside the womb. At this point, viability will begin at conception. Thus, according to Roe, the state will have a compelling interest for the duration of the pregnancy. While I hope this will signal the end of legal abortion, I fear that once again, the Court will intervene to preserve the practice. In so doing, they would preserve a fictitious "right," while simultaneously stripping me of my right to a political voice and a child of its right to life. Chamberlain is a Topeka senior in political science. Clay McCuistion/KANSAN Kansan.com poll Last week's question: Do you think city commissioners intended to vote on the housing ordinance the night before Stop Day, when students were preparing for finals and the Kansan had stopped publishing for the semester? Yes. They wanted to curb student reaction to the vote. No. Nothing is settled yet, so the commissioners had nothing to gain. Next week's question: Do you think the protests at President George W. Bush's inauguration were appropriate? Log on to www.kansan.com to cast your vote. This poll is not scientific. Numbers do not add up to 100 percent because of rounding. Total votes: 84 Perspective Maneuvering, violence threaten legal abortions Today is the anniversary of Roe v. Wade. Only 28 years ago, this landmark case gave women the right to a safe and legal abortion. The Supreme Court, believing that choice is a fundamental right, legalized the right to an abortion and allowed women to control their reproduction. Unfortunately, after all these years, the full meaning of this court decision has not come to its full potential. Because of political games and clinic violence, women are still deprived of the full right to reproductive choice. Conservatives in Congress actively work to limit access to abortions. Despite the decision levied in Roe v. Megan Murphy guest columnist opinion@kanas.com Wade, more than 100 bills restricting women's reproductive rights have been passed in this term of Congress alone. Unable to respect previous court decisions, right-wing politicians strive to limit a woman's right to choose. Women's rights to accessible, legal abortions have been extremely limited because of clinic violence. Since 1992, there have been an average of twelve violent attacks on abortion providers each month. In no other medical profession are doctors and clinic workers at such risk for their safety. These doctors, dedicated to maintaining healthy choices for women, face threats, attacks and constant scrutiny by medical boards. With this large risk, it is no surprise that 86 percent of U.S. counties have no known abortion provider. In Kansas, exercising the right to choose continues to be a struggle. Because only five abortion providers practice in this state, each doctor faces strong protests and threats on a constant basis. Kristen Neuhaus, Lawrence's only abortion provider and the only female abortion provider in Kansas, is under constant review and examination by the Board of Allied Health. This month, a few miles away in Overland Park, 25 bullets were fired into a Planned Parenthood building. Twenty-eight years ago, women gained the right to determine what can happen to their bodies. It is sad that a new generation of women, born after the decision, still must fight to maintain a fundamental freedom. These violent attacks and political maneuvers have specific and devastating effects on our country. These actions are carried out with the specific goal of restricting a woman's right to an abortion With a large following, anti-choice activists work to emotionally, physically and legally keep women from exercising their full right to choose. We cannot allow these actions to change such an important court decision for the women of this country. We have to remember what reproductive rights meant before *Roe w. Wade* and what they can mean if we allow political attacks and clinic violence to continue. Murphy is a St. Joseph, Mo., senior in women's studies and journalism. She is a co-coordinator of the KU Pro-Choice Coalition. Editorial Removal warrants answers Administrators' silence is inappropriate, given study abroad director's success. The sudden removal of Margareta O'Connell, the director of the Office of Study Abroad, raises serious questions that someone involved needs to answer before it further damages the reputation of the University. The most important question is why the University replaced O'Connell. Neither the University nor O'Connell has articulated a good reason why. O'Connell says she doesn't know why she was removed, and the University's claims are vague and have no real merit based on what the public knows at this point. what the public asked about Diana Carlin, the new dean of international programs, removed O'Connell, saying that she had assessed the program and had decided to make changes. Carlin says that the program will expand rapidly soon and that O'Connell didn't fit into the plan. But that logic seems flimsy at best. The study abroad program already was growing rapidly under O'Connell's command. According to the office of Study Abroad, annual enrollment in the program grew steadily, nearly doubling in O'Connell's first four years, from 785 in the 1966-1987 academic year to 1.555 in 1999-2000. If that growth isn't fast enough for the University, it's hard to imagine what could be. Yet that is the only reason Carlin will cite. She has declined to discuss it in more detail, citing that it is a personnel issue. The University may have had other reasons for the decision that neither party will talk about. Administrators often cannot discuss circumstances surrounding the firing of an employee because of personnel rules or fear of legal repercussions. Unless someone breaks the silence, it will look as though the University fired O'Connell unjustly. The facts as we now know them send a chilling message to other University employees: You can be fired even if you do your job well. When the University fires the director of a nationally prominent program, it better have a good reason. So far, it has failed to show one. Someone needs to break the silence. Nathan Willis for the editorial board Free for all callers have 20 seconds to speak about any topic they wish. The Kansan reserves the right to edit submissions, and not all of them will be published. Slanderous statements will not be printed. For additional comments, see kansan.com. - I work at a bookstore, and I think it's pretty messed up when a student buys a book for $90 for a class they're going to drop. Then they unwrap it when it says on there that you can't return it if it's unwrapped. Then they come and bitch to us because they can't return it. 画 I think we have very little diversity on the KU campus, and it's really making me feel uncomfortable. The other day I read about the dangers of drinking. I immediately gave up reading. 图 - The last time somebody listened to a Bush, people were wandering around the desert for 40 years. wny do White boys wear T-shirts when it's cold as hell outside on campus? What happened to the crossword solutions for Wednesday the 17th? You know three words that scare me? Bleeding heart liberals. - I just want to say that I cannot believe that they interrupted Friends to broadcast this residential farewell address. 图 - Hey guys, don't you wish that Richard Ashcroft from the Verve Pipe was attorney general instead of John Ashcroft? I mean the Verve. - I just wanted to say to the person who seems to have such a problem with the Jayhawker Towers: They should really think about moving out. I don't know. Think about Naismith. I hear that's a nice place to live. Masturbation is like procrastination: In the end, you're only screwing yourself. I have a question: What kind of bees make milk? Boobies. - Man, I'm so tired it's killing me. How to submit letters and guest columns Letters: Should be double-spaced typed and fewer than 200 words. Letters must include the author's signature, name, address and telephone number plus class and hometown if a University student. Faculty or staff must identify their positions. 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