Roe vs. Wade

Saturday May 7, 2022

Editorial Cartoon by Graeme MacKay, The Hamilton Spectator – Saturday May 7, 2022

Let’s take a deep breath over Roe V. Wade

Could we all take a deep breath?

May 13, 2017

A leaked draft decision from the U.S. Supreme Court about abortion has created a bizarre political firestorm here in Canada. The most dangerous place to be these days is between a live microphone and a Canadian politician wanting to tell us how they will fight until their dying breath to protect Canadian women against the insidious evil emanating from south of the border.

Can we bring a little sanity to the situation?

First, the court has not banned abortions. A draft internal document was leaked on a case challenging abortion law which may or may not reflect the court’s final decision. If the leaked decision stands, abortion will lose its constitutional protection and individual state legislatures will be able to regulate or outlaw it. Although a dramatic change, it would not create a nationwide ban

This case has no effect on Canada where there hasn’t been an abortion law since 1988 when the Canadian Supreme Court found the existing law unconstitutional. No successive government was able to come up with a replacement and no major Canadian political party currently supports reopening the issue. Although several Conservative MPs and a second-tier leadership candidate have tried to raise restrictions, it is simply not on the political radar.

Friday May 6, 2022

Editorial Cartoon by Graeme MacKay, The Hamilton Spectator – Friday May 6, 2022

The Supreme Court might never recover from overturning Roe v. Wade

October 23, 2020

On Monday, Politico published a draft of a Supreme Court opinion that would overturn Roe v. Wade, the landmark 1973 ruling declaring that the Constitution guarantees Americans the right to end their pregnancies. The court later confirmed that the document, written in February, is genuine, but emphasized that it is not the court’s final word. We hope not. If the justices embrace the sweeping document, they will deal a grievous blow to freedom in the United States — and to the legitimacy of the court itself.

Such a leak from the court’s typically tight inner sanctum is itself astonishing. The court works on trust among justices and staff, so that the justices can deliberate frankly. Whether the document leaked from a conservative justice’s chambers, in an effort to lock in the support of others on the right for its far-reaching language, or from a liberal’s, in an effort to mobilize outside pressure against such a ruling, the leak represents a dire breakdown in norms and another dramatic sign of the court’s political drift.

Thursday May 5, 2022

Editorial Cartoon by Graeme MacKay, The Hamilton Spectator – Thursday May 5, 2022

Canadian Conservatives reluctant to comment on report that U.S. Supreme Court will overturn abortion law

September 14, 2021

Conservative MPs and candidates for the party’s leadership were reluctant to talk Tuesday about a leaked report that suggests the U.S. Supreme Court is poised to overturn decades-old case law on abortion.

A decision by the U.S. top court to upend abortion services would have little practical effect on Canadians; some women pursuing late-term abortions go south of the border for care because of limited access here at home. But the political ramifications could be enormous.

Late Monday, Politico published a copy of an initial draft opinion written by Justice Samuel Alito, a Republican appointee, that suggests a majority of justices are prepared to overrule Roe v. Wade — the landmark decision that allowed legal abortions in the U.S. — and return the issue to state legislatures.

The opinion claims the 1973 Roe decision was constitutionally dubious and “egregiously wrong from the start” because its reasoning was “exceptionally weak.”

Alito said that decades-old decision, which essentially found that the right to privacy extended to reproductive choices like an abortion, has had “damaging consequences” by dividing a nation into anti-abortion and pro-choice factions and robbing state officials of the power to regulate the practice.