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DOJ Nominee Tases Self [Dan Collins]

Andrew McCarthy at NRO:

Indiana law professor Dawn Johnsen, Pres. Barack Obama’s nominee to head the Justice Department’s all-important Office of Legal Counsel, had her Senate confirmation hearing Wednesday. During questioning by Sen. Arlen Specter, the professor professed to be “shocked” by my contention that she had once analogized pregnancy to involuntary servitude, a violation of the Thirteenth Amendment’s prohibition of slavery. I made this contention in a profile of Johnsen for the current (March 9) issue of National Review, which was posted on NRO on Monday.

I think the shock is on the other foot, for two reasons. First, Johnsen did make this jaw-dropping argument to the Supreme Court. And second, in her hearing testimony, she nevertheless flatly denied making a Thirteenth Amendment argument: “This is a brief that I filed arguing that the right to privacy protects, um, the right of women and their families to make these choices and that Roe v. Wade should be upheld, which is in 1989. I made no Thirteenth Amendment argument.”

From the internal link:

Any restriction that makes abortion less accessible is, in her view, tantamount to “involuntary servitude” because it “requires a woman to provide continuous physical service to the fetus in order to further the state’s asserted interest [in the life of the unborn].” In effect, a woman “is constantly aware for nine months that her body is not her own: the state has conscripted her body for its own ends.” Such “forced pregnancy,” she contends, violates the Thirteenth Amendment, which prohibits slavery.

The Court rejected this farcical theory, just as it has rejected other instantiations of Johnsen’s extremism. On abortion and other issues dear to the Left, she is nothing short of a zealot. She insisted that, without government-provided abortion counseling, a large number of women would be left without “proper information about contraception.” This, she claimed, would mean they “cannot be said to have a meaningful opportunity to avoid pregnancy.” The usual rejoinder to such reasoning is that nobody is forcing these women to have sex. Johnsen sees it differently, writing that these “losers in the contraceptive lottery no more ‘consent’ to pregnancy than pedestrians ‘consent’ to being struck by drunk drivers.”

(h/t TigerHawk)

35 Replies to “DOJ Nominee Tases Self [Dan Collins]”

  1. Swen Swenson says:

    Okay, so she’s an idiot. How much does she owe in back taxes?

  2. Wm T Sherman says:

    Makes flakey arguments. Caught in a lie. But does anybody on the Committee give a damn?

  3. Dan Collins says:

    I don’t know nothin’ ’bout conceivin’ no babies! Lawdy, here come a truck!

  4. Log Cabin says:

    Generally, a President is entitled to his choices…
    unless they happen to be conservative.

    Then all bets are off.

  5. geoffb says:

    Who are you going to believe, her, or those lying court documents. Shheeecchh, that’s a no-brainer on both the left and the right.

  6. Spies, Brigands, and Pirates says:

    “There I was, just going about my lawful occasions, when this, like, FETUS came out of, like, NOWHERE. Could happen to anybody, right?”

  7. mcgruder says:

    my question: was the fetus coerced into her uterus or did it just, you know, show up? Because intent is everything in these matters.

  8. Rob Crawford says:

    “There I was, just going about my lawful occasions, when this, like, FETUS came out of, like, NOWHERE. Could happen to anybody, right?”

    Happened just like that to a friend of mine in high school. Man, was HE surprised.

  9. Swen Swenson says:

    The usual rejoinder to such reasoning is that nobody is forcing these women to have sex.

    It’s the patriarchy. Brainwashes those poor girls doncha see?

  10. pdbuttons says:

    lawdy- an ice scream truck!
    you scream/ i scream
    ‘and lil’ babie aborted fetus-us all scream
    for vanilla
    no chocalate
    no…vanilla
    wait…

  11. Ella says:

    Wow, substitute “pregnancy” with “unpaid internship” and so much of my early working life makes sense.

  12. Swen Swenson says:

    Come to think of it, the patriarchy didn’t do a very good job back when I was growing up. Peach brandy was more effective..

  13. Swen Swenson says:

    Wow, substitute “pregnancy” with “unpaid internship” and so much of my early working life makes sense.

    They fed you peach brandy until you agreed to an unpaid internship? Now why didn’t I think of that?

  14. Spies, Brigands, and Pirates says:

    We always wanted kids, but can’t have ’em.

    Thanks to Dawn, I now know that I can get the same effect by simply going down to the local bar area and walking down the middle of the street at 0200 on a Sunday morning.

  15. happyfeet says:

    Well, as long as she promises not to politicize the Justice Department I guess it’ll probably be okay, and it was sort of cute how Arlen was flirting with her. It’s not like the job is a big deal.

    Newsweek characterized the OLC as “the most important government office you’ve never heard of. Among its bosses – before they went on the Supreme Court – were William Rehnquist and Antonin Scalia. Within the executive branch, including the Pentagon and Central Intelligence Agency, the OLC acts as a kind of mini Supreme Court. Its carefully worded opinions are regarded as binding precedent – final say on what the president and all his agencies can and cannot legally do.”*

  16. Sdferr says:

    And now…………………a frontal nudity.

  17. Swen Swenson says:

    Incidentally, you left out the good bit:

    The usual rejoinder to such reasoning is that nobody is forcing these women to have sex. Johnsen sees it differently, writing that these “losers in the contraceptive lottery no more ‘consent’ to pregnancy than pedestrians ‘consent’ to being struck by drunk drivers.”

    In reputable private law offices and U.S. attorney’s offices throughout the country, adult supervision would prevent such a lunatic analogy from finding its way into a letter to a lower-court judge, much less into a Supreme Court brief. Obama, however, is proposing that Johnsen be the adult supervision at Justice. He would fill a position calling for dispassionate rigor with a crusader for whom strident excess is habitual.

    Obviously, adult supervision in the Obama administration, and in Washington generally, is a bit lacking.

  18. Swen Swenson says:

    Link Sdferr? Don’t tease us like that!

  19. Swen Swenson says:

    Ah! It’s Monty Obama’s Flying Circus! That explains perhaps more than we needed to know. But it does have me pining for the fjords..

  20. Techie says:

    Maybe we could transfer her to the Ministry of Silly Walks.

  21. Swen Swenson says:

    And a big, sharp axe.

  22. Darleen says:

    Techie

    She sounds more suited to the Argument Clinic

  23. Teh stooopud, it blinds me…

  24. Rob Crawford says:

    losers in the contraceptive lottery

    Ya know, I’ve seen lefties go all exasperated-like when confronted by terms like “free market of ideas”. One went so far as to whine that “everything is a market to you people”.

    So is everything a fucking lottery to lefties? What does that say about their mindset? About their views on self-determination?

    In this particular case, well, WTF? As a species, we’ve known for quite a long time what makes babies, so maybe it’s time for the lefties to catch up.

  25. Techie

    She sounds more suited to the Argument Clinic.

    No, she doesn’t!

  26. Jeffersonian says:

    Mark my word: This is a conspiracy to make Marcotte look sane by comparison.

  27. I just hope Obama can get a competent, honest team assembled quickly. We remember how the Dems fought Bush’s every appointee over the spring and summer of ’01.

  28. Stubbs says:

    She has presented an extension and borrowing of the most widely published philosophical defense of abortion, that of Judith Jarvis Thompson. See http://en.wikipedia.org/wiki/Judith_Jarvis_Thomson

  29. N. O'Brain says:

    This. Is. An. Ex. Parrot!

    [always wanted to say that]

  30. urthshu says:

    >>So is everything a fucking lottery to lefties? What does that say about their mindset? About their views on self-determination?

    I dunno, but I think it’d be a great essay topic.

  31. The Left's Response to Everything says:

    But … Bush !! Rush Limbaugh !!!

  32. pdbuttons says:

    are you denying my right to have a baby?
    if i wanted one
    or eight
    or fourteen
    quick/ baby shower my ass

  33. Techie says:

    Quoting a liberal accurately = vicious slander.

    Get with the program, people

  34. Mikey NTH says:

    Another note to lawyers – do not make stupid arguments that may come back to haunt you. You may not believe that argument, but if it is stupid like this one, then people are going to infer that you actually believe it.

    And an argument before the USSC? No one is going to buy the ‘I was young and dumb’ excuse.

Comments are closed.