Judge Janice R. Brown on family planning

Janice Rogers Brown

Janice Rogers Brown (Photo credit: Wikipedia)

In her words, it is “a repugnant belief.” That would be family planning.

Excuse me?

Judge Janice Rogers Brown of the United States Court of Appeals for the District of Columbia Circuit has an interesting opinion about birth control: Thou Shalt Not. It is fine with me if Judge Brown chooses not to plan her family (she had one child by her first husband) but not so fine to impose that personal belief on the rest of us.

But that’s where we are headed. Judge Brown recently ruled that the government should not require Freshway Foods to cover birth control for their employees because that would have Freshway affirming “a repugnant belief,” and force them to be “complicit in a grave moral wrong.”

Some of us do not see family planning as morally wrong. By and large we tend to believe that strong families with children who are loved, wanted and cared for make sense. By and large we also believe that adult women are competent to make decisions about their eggs. But once that egg is fertilized, Judge Brown believes, along with many others including the Freshway founders, that it becomes something sacred and that’s where our beliefs diverge.

All of this increasingly matters. New York Times writer Jeremy W. Peters explains it in a thorough and thoughtful piece about how abortion cases in courts such as Judge Brown’s served as the tipping point for recent action by Senate Democrats to call an end to the filibuster. It’s hard to blame them. Democrats joined with Republicans to put Janice Brown — who was highly distasteful to liberals and moderates — on the bench, assuming Republicans would later join Democrats to put mildly distasteful others on the bench. Wrong. Republicans simply dug in and refused to confirm any Obama nominee.

Which puts us in a situation of majority rule without much minority right… but then, we have been for some time in a situation of minority rule without much majority power.

Democracy is a mess when extremists take over. Extremists have taken over reproductive rights: no contraception, no abortion, no choice, no access, no rights for countless women across the country. Extremists leave no room for dialog, mutual respect or compromise; it’s simply My Way or the Highway.

When a federal judge holds extremist opinions there isn’t a lot of room for optimism.

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