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Does Scalia Have a Conflict of Interest on Abortion Clinic Buffer Zones?

Does Scalia Have a Conflict of Interest on Abortion Clinic Buffer Zones?

In June, the Supreme Court is expected to give their decision on McCullen v. Coakley, the Massachusetts case forbidding approaching a patient seeking services from a reproductive health provider once that patient is within 35 feet of the entrance of the building. Eleanor McCullen, who is suing the state, describes herself as a “plump” grandma, a descriptor eagerly picked up by the mainstream media, and defendants and their lawyers did their best to depict themselves not as an aggressive, intimidating group but one of gentle, compassionate counselors.

It’s a facade that conservative Judge Antonin Scalia was adamant be maintained. During oral arguments, he aggressively challenged legal counsel for implying that those on the sidewalk trying to stop pregnant people from entering the building were doing anything other than trying to help patients. “I object to you calling these people protestors, which you’ve been doing here during the whole presentation,” Scalia argued.”That is not how they present themselves. They do not say they want to make protests. They say they want to talk quietly to the women who are going into these facilities. Now how does that make them protestors?”

There’s a reason Scalia is so touchy about the depiction of those abortion opponents who hang around outside clinics. His own wife, Maureen Scalia, “is a pro-life advocate and ‘crisis pregnancy counselor’ for the anti-abortion group Nurturing Network,” according to a 2-year-old Business Insider article, and she continues to serve on the board (Update, the current page no longer has her listed but a prior version that was accessed on April 7th still showed her as a board member.).

The role of Scalia’s wife as an anti-abortion activist has been noted before, particularly when the Susan Komen Race for the Cure Planned Parenthood debacle in 2012 spread past Karen Handel and drew a fellow Nurturing Network board member into the scandal. But with an actual court case lying in the balance, and repercussions from that ruling having the potential to spread to other cities that have their own buffers in place, some abortion rights activists are wondering if Scalia’s involvement in the case is a conflict of interest.

There is some reason to wonder. After all, many of the so-called “counselors” outside of clinics are there to not only dissuade people from terminating their pregnancies, but to also convince them to go to crisis pregnancy centers like the ones Maureen Scalia works with, in order to receive services ranging from more tests, ultrasounds and counseling to offers of financial support and other goods. For clinics like those in Minnesota, and other states where legislatures give these organizations taxpayer dollars in order to remain open, there is a financial incentive to every “save” they can accomplish, either in their van on the street next to the reproductive health clinic or in their buildings that are often located within the vicinity.

On the other hand, for good or for bad, it’s unlikely that regardless of the financial arrangements involved that Justice Scalia was likely to be swayed in his voting. As the father of nine and a man that columnist Maureen Dowd once called, “so Old School, he’s Old Testament, misty over the era when military institutes did not have to accept women, when elite schools did not have to make special efforts with blacks, when a gay couple in their own bedroom could be clapped in irons, when women were packed off to Our Lady of Perpetual Abstinence Home for Unwed Mothers,” his vote was probably a given on the subject.

Even if he weren’t to weigh in on a final ruling, his vote may not even be necessary. Many legal scholars are thinking that the final decision may have a solid majority, and not the 5/4 split that seems so common with this court. In that case, a Scalia recusal wouldn’t even make the slightest difference.

But maybe that’s the most important aspect of this story not that Scalia has a vested interest in the buffer zone coming down, but the fact that we no longer believe that our Supreme Court justices won’t just put their own far right viewpoints aside while they are on the bench. Between the tearing down of voter rights and the propping up of big money, it is becoming more clear every day that the majority of the court is more interested in the rights of businesses than the civil rights of Americans. That should be even more alarming than the activities of the people they are married to.

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Photo credit: Thinkstock

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135 comments

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2:49PM PDT on Jul 4, 2014

This is for the impregnated female to decide not you, not me.

Let the Judges pay the bills for these aborted abortions. That would change their tunes.

11:01PM PDT on Apr 17, 2014

Between liberals vs conservatives, or progressives vs regressives, humanists vs bestialists, science vs superstition, truth vs lie, liberals always win in the long run or conservatives would be burning witches still. Scalia and the rest of the SCOTUS RATS will be with us stopping progress for a long time.

2:37PM PDT on Apr 15, 2014

the conservatives on the supreme court always put their own self interests ahead of the constitution, but look who they were nominated by, and we were afraid of Bork, at least he might have been straight forward.

8:51AM PDT on Apr 15, 2014

As always, Scalia is blatantly crossing the conflict of interest line. He should recuse himself.

7:37AM PDT on Apr 15, 2014

Scalia has no ethics or judicial fairness whatsoever. In 2004 he went on a hunting trip witht then V.P. Cheney just after the Supreme Court took a case in which Cheney's actions were on trial. He wouldn't recuse himself then, either. Scalia is a partisan, not a thinker. He argues there cannot be religious exemptions forNative Americans want to use peyote in their traditional ceremonies, but then when it comes to right wing Christians' right to discriminate against their employees who want to have the birth control they're entitled to in their employee health plans, he can't remember the arguments he used before. The man isn't fit to be a judge.

3:50AM PDT on Apr 15, 2014

Interesting

3:56PM PDT on Apr 14, 2014

If there is a caring bone in Justice Scalia's body, which is extremely doubtful, he has a conflict of interest within himself. Having heard his sexist, racist views, he certainly couldn't, possibly agree with Pope Francis.

Since, the only opinion he trusts is his own, his idea of fairness is nonexistent. He, by far, is the most dangerous Justice on our Supreme Court. The others, including Justice Roberts, use him as their rock. Without him, the court, maybe, could decide cases with the brains they believe, god gave them.
Notice, I did say MAYBE.
This man is one of the saddest excuses for a human being, in our legal system.

Perhaps, I'm an optimist.

3:55PM PDT on Apr 13, 2014

Prohibiting abortion is an act of enslavement.

10:18PM PDT on Apr 12, 2014

In this case [and any cases of abortion] Scalia should recuse himself. When a judge has outside interests [as his wife is an active pro-lifer] that can bias their decisions. Or the plaintiff should motion for recusal.

28 U.S.C. sec. 144, captioned "Bias or prejudice of judge," provides that under circumstances, when a party to a case in a United States District Court files a "timely and sufficient Motion that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of an adverse party," the case shall be transferred to another judge. Because he is a SCOTUS Justice he would just not be part of the decision.

5:11PM PDT on Apr 12, 2014

It may be that this is one that leads Roberts to actually do something on ethical issues on this court.

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