After a group of doctors challenged a South Dakota law forcing them to inform women that abortions “terminate the life of a whole, separate, unique living human being” — using exactly that language — President Bush’s appointees to the federal appeals courts took control.Can you imagine being a medical professional and being told to recite messages verbatim to patients! What kind of free country is the U.S. again, remind me? Just unbelievable.
A federal trial judge, stating that whether a fetus is human life is a matter of debate, had blocked the state from enforcing the 2005 law as a likely violation of doctors’ First Amendment rights. And an appeals court panel had upheld the injunction.
But this past June, the full United States Court of Appeals for the Eighth Circuit voted 7 to 4 to overrule those decisions and allow the statute to take immediate effect. The majority argued that it is objectively true that human life begins at conception, and that the state can force doctors to say so.
Mr. Bush had appointed six of the seven judges in the conservative majority. His administration has transformed the nation’s federal appeals courts, advancing a conservative legal revolution that began nearly three decades ago under President Ronald Reagan. (emphasis added)
The majority of his appointees are Federalist Society Members and were vetted under the oversight of Karl Rove. If McCain wins, the hold on these courts will cement. If Obama wins, there's a chance to reset the balance. Needless to say, another reason to be rooting for Obama.