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Tuesday, July 19, 2005

More on Roberts


posted by bitchphd
From dKos:
"For a unanimous panel, denied the weak civil rights claims of a 12-year-old girl who was arrested and handcuffed in a Washington, D.C., Metro station for eating a French fry. Roberts noted that "no one is very happy about the events that led to this litigation" and that the Metro authority had changed the policy that led to her arrest. (Hedgepeth v. Washington Metropolitan Area Transit Authority, 2004)."

"Joined a unanimous opinion denying the claim of a prisoner who argued that by tightening parole rules in the middle of his sentence, the government subjected him to an unconstitutional after-the-fact punishment. The panel reversed its decision after a Supreme Court ruling directly contradicted it. (Fletcher v. District of Columbia, 2004)"

"For Bush I, successfully helped argue that doctors and clinics receiving federal funds may not talk to patients about abortion. (Rust v. Sullivan, 1991)"

"As Deputy Solicitor General, Roberts filed an amicus curiae brief in support of Operation Rescue and named individuals who routinely blocked access to clinics. The brief argued that the protesters’ behavior did not discriminate against women and that blockades and clinic protests were protected speech under the First Amendment. This case, Bray v. Alexandria Women's Health Clinic, spurred the Congress to enact the Freedom of Access to Clinic Entrances Act."
From Law.com:
"Those who know Roberts say he, unlike Souter, is a reliable conservative who can be counted on to undermine if not immediately overturn liberal landmarks like abortion rights and affirmative action."
From Report of the Alliance for Justice (here's the pdf):
"After a 1980 Supreme Court decision, Mobile v. Bolden, dramatically weakaned certain sections of the Voting Rights Act, Roberts was involved in the administration’s effort to prevent Congress from overturning the Supreme Court’s action. The Supreme Court had decided, despite a lack of textual basis for this interpretation of the statute, that plaintiffs claiming certain violations of the Voting Rights Act, such as minority vote dilution, had to prove that the discrimination was intentional rather than just having a discriminatory effect."

"In two cases, Roberts took positions hostile to women’s reproductive rights. He was a co-author of the government’s brief in Rust v. Sullivan,10 the case in which the Supreme Court upheld newly revised Title X regulations that prohibited U.S. family planning programs receiving federal aid from giving any abortion-related counseling or other services. The provision barred such clinics not only from providing abortions, but also from “counseling clients about abortion” or even “referring them to facilities that provide abortions.” Roberts’ brief argued that the regulation gagging the government-financed programs was necessary to fulfill Congress’ intent not to fund abortions through these programs, despite the fact that several members of Congress, including sponsors of the amendment dealing with abortion, disavowed this position and that the Department of Health and Human Services’ had not previously interpreted the provision in such a rigid and restrictive manner. Moreover, Roberts argued, even though the case did not
implicate Roe v. Wade, that “[w]e continue to believe that Roe was wrongly decided and should be overruled... The Court’s conclusion in Roe that there is a fundamental right to an abortion... finds no support in the text, structure, or history of the Constitution.” In a second abortion-related case, Roberts co-authored the government’s amicus brief in a private suit brought against Operation Rescue by an abortion clinic it had targeted. The brief argued that Operation Rescue was not engaged in a conspiracy to deprive women of
equal protection. Roberts took this position in spite of Operation Rescue’s admission that its goal was to prevent women from obtaining abortions and to shut down the clinic during its protests. Although the government’s brief acknowledged that only women could become pregnant, it argued that conspiring to prevent people from seeking constitutionally-protected abortions did not constitute gender discrimination. It asserted that, at worst, Operation Rescue was discriminating against pregnant people, not women."
Discriminating against pregnant people, not women. That pretty much says it all. Quick, women, back under your burkas: you're invisible.

In order not to be invisible, write--quickly now--to your senators and representatives. Tell them no.

Comments are great; obnoxious comments get deleted. Deal.

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