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Wednesday, April 18, 2007

The Supreme Court of the United States on Wednesday April 18 has upheld the federal Partial-Birth Abortion Ban Act of 2003. The 5-4 vote reflected the change in vote count resulting from the retirement of Justice O’Connor and the confirmation of Chief Justice Roberts and Justice Alito.

The Intact dilation and extraction procedure, also known as partial birth abortion, involves removing an intact late-term fetus from the womb via the cervix. While it is a relatively rare operation – 0.17% of all abortions in the US in 2000, it has become a focal point in the abortion debate.

The Partial-Birth Abortion Ban Act bans the procedure in cases where the fetus is terminated during the operation, unless it is performed to to save the life of the mother.

Justice Kennedy wrote in the opinion of the court: “respondents have not demonstrated that the Act would be unconstitutional in a large fraction of relevant cases.” Further, he said, “Respondents have not demonstrated that the Act, as a facial matter, is void for vagueness, or that it imposes an undue burden on a woman’s right to abortion based on its overbreadth or lack of a health exception. For these reasons the judgments of the Courts of Appeals for the Eighth and Ninth Circuits are reversed.”

In a concurring opinion, Justice Thomas stated that he joins “the Court’s opinion because it accurately applies current jurisprudence, including Planned Parenthood of Southeastern Pa. v. Casey, 505 U. S. 833 (1992).”

In dissent Judge Ginsburg wrote: “Today’s decision is alarming. It refuses to take Casey and Stenberg seriously. It tolerates, indeed applauds, federal intervention to ban nationwide a procedure found necessary and proper in certain cases by the American College of Obstetricians and Gynecologists.”

Justice Kennedy’s words also recall the complicated issues of standing related to such cases. An issue in Roe v. Wade was the impossibility of any individual having standing in a court proceeding regarding abortion rights, since court proceedings take more than the 9 months of pregnancy, retiring any individual plaintiff’s standing before an appeals process can take place. The criterion of “a large fraction of relevant cases” may effectively deny standing to any plaintiffs who wish to litigate particular restrictions in some relevant future cases.

Thursday, October 18, 2007

It can be difficult to be John Reed.

Christopher Hitchens called him a “Bin Ladenist” and Cathy Young editorialized in The Boston Globe that he “blames the victims of terrorism” when he puts out a novel like Snowball’s Chance, a biting send-up of George Orwell‘s Animal Farm which he was inspired to write after the terrorist attacks on September 11. “The clear references to 9/11 in the apocalyptic ending can only bring Orwell’s name into disrepute in the U.S.,” wrote William Hamilton, the British literary executor of the Orwell estate. That process had already begun: it was revealed Orwell gave the British Foreign Office a list of people he suspected of being “crypto-Communists and fellow travelers,” labeling some of them as Jews and homosexuals. “I really wanted to explode that book,” Reed told The New York Times. “I wanted to completely undermine it.”

Is this man who wants to blow up the classic literary canon taught to children in schools a menace, or a messiah? David Shankbone went to interview him for Wikinews and found that, as often is the case, the answer lies somewhere in the middle.

Reed is electrified by the changes that surround him that channel through a lens of inspiration wrought by his children. “The kids have made me a better writer,” Reed said. In his new untitled work, which he calls a “new play by William Shakespeare,” he takes lines from The Bard‘s classics to form an original tragedy. He began it in 2003, but only with the birth of his children could he finish it. “I didn’t understand the characters who had children. I didn’t really understand them. And once I had had kids, I could approach them differently.”

Taking the old to make it new is a theme in his work and in his world view. Reed foresees new narrative forms being born, Biblical epics that will be played out across print and electronic mediums. He is pulled forward by revolutions of the past, a search for a spiritual sensibility, and a desire to locate himself in the process.

Below is David Shankbone’s conversation with novelist John Reed.