LETTER: Judges protect rights by keeping abortion
September 26, 2004
In response to the column by Emily Cook in the Sept. 17 Iowa State Daily, “Crusade for partial-birth abortion halts democracy”: Three federal court rulings in San Francisco, New York and Nebraska have struck down the federal abortion ban passed by Congress last October and signed by President Bush. These courts recognized that women’s health, medical privacy and the U.S. Constitution trump anti-choice ideology.
Ms. Cook takes exception to these rulings and refers to activist judges who won’t listen to Congress or the public. The role of judges is to interpret the Constitution, not to bend to public opinion, which may be swayed by misguided and inaccurate public relations campaigns.
As pointed out in a Sept. 23 Washington Post editorial, “Congress has accepted judicial review — the idea that courts can strike down legislative enactment that offends the Constitution — as integral to our system of checks and balances.”
These abortion bans were ruled unconstitutional in three federal districts on two grounds: The legislation lacked a health exception, and the definition was so broad and vague that it could ban other common abortion procedures.
All three cases included the overwhelming testimony of highly respected obstetricians and gynecologists from around the country opposing this legislation.
In addition, the American College of Obstetricians and Gynecologists and many other major medical organizations joined Planned Parenthood in opposing the ban.
This is nothing but political grandstanding at the expense of women’s rights and health. The purpose is to ultimately put a bill challenging Roe v. Wade before a Supreme Court with new justices appointed by anti-choice President Bush.
Judy Rutledge
Vice President, Government Affairs
Planned Parenthood of Greater Iowa