quarta-feira, outubro 12, 2005

Na recente Audição prévia para a confirmação do Juiz John Roberts para o Supremo Tribunal dos States, destacou-se pela sua agressividade a campeã feminista a Senadora Dianne FEINSTEIN, da Califórnia. E, com todas as letras, veio ao de cima todo o peso da concepção ideológica dos abortistas: A impossibilidade de praticar o aborto livre tolhe o direito à Igualdade da mulher ! Porra, porque é que a natureza não nos fez a todos iguais ? Hermafroditas, iguaizinhos, uniformes, clones uns dos outros ? Quantos milhões de mortos não provocou já esta obsessão da Igualdade anti-natural ? Abortistas: confessem como a judia Feinstein as vossas verdadeiras razões para defenderam o aborto e deixem-se de hipocrisias !
Permito-me transcrever alguns mimos do diálogo :

FEINSTEIN :In response to the chairman's question this morning about the right to privacy, you answered that you believed that there is an implied right to privacy in the Constitution.
Do you then believe that this implied right of privacy applies to the beginning of life and the end of life?

ROBERTS: Well, Senator, first of all, I don't necessarily regard it as an implied right. It is the part of the liberty that is protected under the due process clause. That liberty is enumerated...

FEINSTEIN: And in Casey, again, the court stated, and I quote, "The ability of women to participate equally in the economic and social life of the nation has been facilitated by their ability to control their reproductive lives and that this ability to control their reproductive lives was enough of a reliance to sustain Roe."

ROBERTS: That's what the court concluded -- I think you're reading from the plurality opinion -- the joint opinion in the case.

FEINSTEIN: Thank you.
One other reading from Justice Ginsburg's testimony: "Abortion prohibition by the state, however, controls women and denies them full autonomy and full equality with men. That was the idea I tried to express in the lecture to which you referred; that two strands, equality and autonomy, both figure in the full portrayal."

FEINSTEIN: In Bray, you argued on behalf of the government as deputy solicitor general that the right to have an abortion is not specific to one gender.
Specifically, your brief stated, quote, "Unlike the condition of being pregnant, the right to have an abortion is not a fact that is specific to one gender," end quote.
In your oral argument you went on to make this point by comparing Operation Rescue's attempts to prevent a woman from exercising her privacy right to make decisions about her pregnancy to an ecologist's efforts to block an Indian tribe from using their exclusive fishing rights.

Do you think that's an appropriate analogy?

ROBERTS: Well, Senator, it was a position and an argument that the administration made that was accepted by the Supreme Court by a vote of 6-3.

The underlying point was that under the statute at issue in Bray, the Ku Klux Klan Act, required under the Supreme Court's precedent that people engaged in the challenged activity must be motivated by a discriminatory animus.
Obviously, under the Ku Klux Klan Act, the classic case, racial hostility.
And the issue was: Are people opposed -- in the Bray case -- opposed to abortion opposed to women?
And the determination of the court was that, no, that there are people who are opposed to abortion and that does not constitute opposition or discriminatory animus against women and, therefore, that the Ku Klux Klan Act didn't apply.

Many other provisions obviously apply in a case of abortion protester violence, including state law and other provisions of federal law, but the Supreme Court concluded 6-3 that there is no discriminatory animus based on opposition to abortion.

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