Former Supreme Court Justice Harry Blackman, who is working on the remarkable opinion of Roe V. Wade’s lawyer, strongly condemned the recent expiration of a draft decision that could potentially overturn the case.
Jim Zieglar, now 76, called the leak a “parody” and a “disgrace” and said it probably came from an employee of an activist with access to Judge Samuel Alito’s draft opinion.
“Whoever did this, I hope the son of a bitch will be deprived of his rights for life and no one will hire him,” Ziglar said.
Sieglar, who served as Blackman during his historic 1972 term, had a long and colorful career in the 1950s.
He has served as a practicing attorney and investment banker and has served as Assistant Secretary of the Interior under President Reagan, Commissioner for Immigration and Naturalization under George W. Bush, and a Senate Arms Sergeant.
Jim Sieglar, now 76, tore up the leak as a “parody” and “disgrace.” The Washington Post via Getty Im
Zieglar declined to say what he thought of Alito’s project, but said Roe’s initial decision had always left him uneasy.
The former official specifically focused on Judge Blackman’s use of the legal doctrine of due process, which Blackman uses to defend his right to privacy, which guarantees a woman’s right to abortion. The theory is that the Constitution protects certain fundamental rights – such as privacy – even if they are not explicitly mentioned in the founding document.
“Using the proper substance to achieve this result in Roe is probably not recommended,” he said. “My view of Rowe was that I would solve it differently on a different basis.
Zieglar believes the leak came from an activist employee with access to Judge Alito’s draft opinion. Getty Images
“I’m not a fan of abortion on demand, but I’m also not in favor of banning all abortions,” Ziglar added.
Conservative lawyers have long mocked the proper process in substance. Former judge Antonin Scalia, a notorious deer hater who has unsuccessfully fought to overturn the decision, told CNN in 2012 that the proper trial essentially “makes no sense.”
“This is a constitutional stew. This is completely fabricated judicial activism, “said Mike Davis, a former chief adviser on nominations, Senator Chuck Grassley. “Rowe W. Wade was an extremely wrong power grabber, no matter what you think about abortion.”
An abortion protester holds a sign in front of the US Supreme Court.REUTERS
Zieglar stressed that he remains in support of the overall decision in Roe, noting that he is far from the only one of his defenders who has concerns.
Former judge Ruth Bader Ginsberg, a fierce defender of abortion rights, also said the decision was wrong.
In many public statements, Ginsberg argued that a gradual approach to abortion rights would be preferable and that Roe’s comprehensive solution would eventually fuel divisions.
Students and others protest Union Square’s abortion rights.REUTERS
“Doctrinal limbs, formed too quickly, experience shows, can be unstable. The most striking example in recent decades is Rowe v. Wade, “she told law students at New York University in 1992.
Add Comment