Notre Dame Controversy, Supreme Court Selection Test Obama's 'Balancing Act,' NYT Reports

Main Category: Abortion
Article Date: 18 May 2009 - 2:00 PDT

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The New York Times on Friday examined how two events -- controversy surrounding President Obama's upcoming commencement speech at University of Notre Dame on Sunday and the selection of a replacement for retiring Supreme Court Justice David Souter -- are testing the "delicate balancing act" the president has pursued on abortion rights. Notre Dame's invitation to Obama to deliver the commencement speech and receive an honorary degree has sparked ongoing protests from abortion-rights opponents, and Obama is now forced to decide whether he will recognize this opposition in his address on Sunday. According to Anita Dunn, the president's communication adviser, Obama likely will "make reference to the controversy" in his speech but will not "allow it to become the focus of a day that's actually supposed to be about the graduates." Meanwhile, the pending Supreme Court vacancy has "galvanized backers of abortion rights," according to the Times. Although both sides expect that Obama will select a nominee who supports abortion rights, advocates "are taking no chances," the Times reports.

Obama has attempted to present a nuanced approach to abortion-rights issues and expressed that he intends to form consensus around reducing unintended pregnancies and promoting adoption. In addition, his policy moves to date have attempted "to straddle the abortion divide" by creating a dialogue with religious conservatives, avoiding contentious legislative fights and taking a gradual approach to reversing the policies of former President George W. Bush, the Times reports. Obama has named abortion-rights supporters to head jobs, such as his nomination of Dawn Johnsen, a former legal director of NARAL Pro-Choice America, to lead the Justice Department's Office of Legal Counsel. He also repealed the "Mexico City" policy, which prohibited federal funding for international groups that provide abortion services or information; lifted some limits on embryonic stem cell research; proposed decreasing funding for abstinence-only sex education; and took action to rescind the Bush administration's HHS provider "conscience" rule allowing health care workers to refuse to provide services they find morally or religiously objectionable. However, the president has stepped away from some abortion-related issues, including the Freedom of Choice Act, which would effectively codify Roe v. Wade. Although Obama said in a 2007 speech to Planned Parenthood that he would sign the bill if elected president, he said in a press conference last month that it is not his "highest legislative priority."

Meanwhile, Obama's top domestic policy adviser, Melody Barnes, is convening a series of meetings with leaders from both sides of the abortion rights debate to discuss policy ideas, with an aim of drafting recommendations by late summer. David Gushee, a Christian ethics professor at Mercer University who has participated in the talks, said the president is signaling to moderate Catholics and evangelicals that "he clearly knows what the bright red lines are and is trying to avoid stepping over them." However, some religious conservatives and abortion-rights opponents who have not been included in the discussions contend that "Obama is trying to have it both ways," according to the Times. Charmaine Yoest, president of Americans United for Life, said coming to a consensus would entail the president advocating for restrictions such as parental consent requirements for minors and bans on certain abortion procedures. Sen. Sam Brownback (R-Kan.), who opposes abortion rights, called Obama's strategy "[m]oderate rhetoric, hard-left policies."

Polls show that U.S. residents remain "deeply conflicted" over abortion rights, with support declining over the years, the Times reports. About 60% of U.S. residents believed abortion should be legal in all or most cases in a 1995 poll; a recent Pew Research Center poll showed the number declined to 46% (Stolberg, New York Times, 5/15).

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