Allison Edrington asks Steven Steward, Ben McLaughlin…
Abortion rights in court
Would you support and protect abortion rights within the community? https://www.politico.com/news/2022/05/02/supreme-court-abortion-draft-opinion-00029473
— Allison Edrington
Response
Ben McLaughlin
By this question, Ms. Edrington, you touched on something that very much distinguishes a campaign for judge from campaigns for almost any other office, namely: A judge candidate cannot take a public position on whether he/she/they would protect abortion rights—or how the candidate would rule on any other issue that may come before the court. I know, it seems like a total cop out.
If Roe is unfortunately overturned by SCOTUS, then Roe will no longer be the law of the land. SCOTUS decisions create law that is binding upon every single court in the United States. Hopefully, the Legislature can codify Roe before/if it is ultimately overturned.
I believe the intent of SCOTUS is to leave it up to the individual states whether a woman has full reproductive rights. This means that, in California, the right to choose will almost certainly be left intact. Women in some other states will not be as fortunate.
A judge is ethically obligated to follow the law, no matter how distasteful that law may be. That’s the job.
Personally speaking, my family donates to Planned Parenthood and I am pro-choice. I have a daughter, and the thought of someone else telling her what she can and cannot do with her body is infuriating.
Regards,
Ben
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