Gorsuch – BONUS POST

The Bonus Book of the Week is “Gorsuch, The Judge Who Speaks For Himself” by John Greenya, published in 2018.

This volume mostly discussed Neil Gorsuch’s nomination for the position of Supreme Court justice, gleaned from opinion pieces in online publications including blogs, and comments from interviews, in a disorganized fashion. With some of Obama’s political career thrown in. Plus the controversy surrounding Gorsuch’s mother. It got tedious after a while, and should not be classified as a biography.

As is well known, Gorsuch was nominated in an era with an especially emotionally charged political atmosphere. Of course, during his confirmation hearings, Gorsuch was grilled on one particularly extremely controversial issue: abortion.

Some Republicans propagandized that Gorsuch was a gentleman, and a good writer. Some Democrats propagandized that Gorsuch would seek to overturn Roe v. Wade. Prior to his SCOTUS nomination, he had served as an appellate judge for a decade, during which he saw no cases directly related to that case’s decision.

Gorsuch himself, in a book he wrote, conceded that whether abortion is the taking of a human life, hinges on the definition of “human life.” At his confirmation hearing, when pressed on whether he accepted that the Fourteenth Amendment of the U.S. Constitution does not consider a fetus a person, Gorsuch agreed it is federal law that says a fetus is not a person.

Abortion is one of the most, if not the most, volatile political issue in the United States, because it is a matter of religion and politics, life and death, and its legalization or not, has serious ripple effects on society. There are three major aspects, among a host of peripheral issues, upon which most people seize: biology, women’s rights, and economics.

The first major aspect relates to a few pieces of information that allow people to form opinions on the definition of “human life” to which there is no right or wrong:

A fetus’ heartbeat is detectable approximately two months into a pregnancy. Some people believe that when a heartbeat is detectable in a fetus, that that fetus is a human life.

Besides, a fetus can live outside the womb at approximately two months into a pregnancy, but it still requires a large amount of technological help with sustenance at that stage; around five months is when it can live outside the womb without the extensive assistance of medical technology.

Some people believe that if a fetus can live outside the womb (but the amount of life-support equipment any given fetus requires varies widely), that that fetus is a human life. Thus, some people believe abortion should be illegal from those respective points onward. Others believe life begins at conception. Therefore, according to them, abortion should never be legalized at any point.

The question of abortion obviously disproportionately affects females. Women’s rights involve a female’s control over her own body.

There are two major economics aspects to abortion:

Norman Mailer argued that from a purely economic (non-emotional) standpoint, abortion should have been legalized merely because, according to research, a lot of unwanted babies grow up to become career criminals. Legalization of abortion would eliminate the long-term costs to society of unwanted people.

Moreover, prior to the time abortions became legal, poor women who couldn’t afford illegal abortions done by an experienced medical professional, attempted abortion methods themselves, which were dangerous to their own health. So there arose long-term costs to society in the form of their medical expenses, if they didn’t die from complications.

Even though abortion is now legal conditionally, some poor women still cannot afford it. That raises the can of worms of whether abortions should be publicly funded. Which leads to a vicious cycle for poor women. And society.

Biological aspects of abortion that make abortion laws conditional, include: specifics on the trimester in which the procedure is performed, whether the mother’s or baby’s life is in danger and whether the baby is developmentally normal. An additional wrench in the works is whether a female should be able to have an abortion in a case of rape or incest.

The religious aspects of abortion are a whole other explosive ball of wax. Especially when sex education is thrown into the mix. Yet another cause of heated discussions is that it is impossible to prove how often abortion is used as a birth-control method.

The yelling and screaming, litigation and legislative debate is guaranteed to never stop, because there will always be questions such as: If the mother is extremely young– does she need a parent’s consent to have an abortion?

And can a pregnant woman of any age cross state lines in order to gain access to an abortion that is legal, given her situation? Which leads to the controversy of States’ Rights.

In the last several decades, the Democrats have faced a dilemma when they nominated a Catholic presidential candidate. The Democrats favor laws that allow abortion. Some Catholic and Christian voters say they would never vote for any candidate who is a Democrat for that reason alone. They say they wouldn’t waver on that. The question for the ages is: Is the number of these voters sufficient to affect the outcome of a presidential election?

Anyway, read the book to learn of other issues on which Gorsuch’s positions had yet to be seen as of the book’s writing, and tabloid writers’ and politicians’ take on his fitness for the U.S. Supreme Court.