Local experts theorized about how John G. Roberts’ nomination as chief justice of the United States might affect the legal future of women’s reproductive rights, labor unions and gay rights during a panel discussion Sept. 8. The event, titled “What’s at Stake – Your Rights and the Future of the Supreme Court” drew about 30 students and community members to the Knight Law Building. The Oregon Coalition for a Fair and Independent Judiciary hosted the event.
“The goal of the panel was to bring together community leaders to talk about certain issues such as reproductive health and workers’ rights,” panel moderator Rose Kelsch said after the event. “The point was to discuss how these issues can be affected by new nominees.”
Panelist Kellie Shoemaker, vice president of public affairs at Planned Parenthood Health Services of Southwestern Oregon, expressed concern about Roberts’ potential impact on abortion laws.
“A Roberts for a Rehnquist may not be a big difference since you’re getting a conservative for a conservative,” Shoemaker said.
Although Planned Parenthood has not taken a stance on the Roberts nomination, “we do want a thorough investigation,” Shoemaker said.
Planned Parenthood is particularly interested in how Roberts will decide on issues such as Roe v. Wade, a 1973 Supreme Court decision that ruled laws against abortion violate a constitutional right to privacy.
Referring to a case in which Roberts successfully fought in a ruling to block women from entering reproductive health facilities, Shoemaker said it is important for citizens to know whether Roberts argued “for his client, or was he inserting some of his own philosophy in this case?”
Marcus Widenor, associate professor at the University’s Labor Education and Research Center, discussed workers’ legal right to organize.
Noting a decline in union density nationwide since the 1980s, Widenor said the right to organize is in decline and discussed the future of unionization under a conservative-heavy Supreme Court.
“What we’ve seen in the last 25 years is enforced anti-organization rights,” Widenor said.
Widenor also said Roberts’stance on unions and other issues remains unclear.
“Roberts held his cards close to his chest about his background (and) we need to find out more about Roberts on labor issues,” he said.
Gretchen Miller, former University adjunct professor and former Eugene city councilor, Human Rights Commission member and activist, spoke about issues affecting the lesbian, gay, bisexual and transgendered community. She said advances in legal rights and protections for LGBT people made over the years might be countered if Roberts takes a conservative stance on LGBT issues.
Several key gay rights cases have been 5-4 and 6-3 decisions, MIller said, citing Bowers v. Hardwick (1986), Romer v. Evans (1996) and Lawrence and Garner v. Texas (2003).
In the latter two cases ,the courts said the Fourteenth Amendment’s equal protection clause, the Due Process clause of the Constitution had been violated, ruling in favor of equal protection for gays.
“When homosexuality is made criminal activity, it brings discrimination and runs contrary to the equal rights clause” of the Constitution, Miller said. “Luckily, things have gotten a little bit better.”
Referring to the impact Roberts and possibly another conservative replacement for Justice Sandra Day O’Connor, Miller said, “I foresee, federally, a very long, miserable, dry spell.”
First-year law school student Adam Guenther was impressed with the validity of the panel and with the concerns brought up by each representative.
“I think they brought together a good cross section of progressive organizations that are concerned about what long-ranging effects of a young Supreme Court Justice will have,” Guenther said. “It’s not just the issues that are hot-button, but there’s a really wide range of issues that possibly will feel the effects.”
Guenther expressed concerns about conservative control of the federal legislative and executive branches.
“We no longer have any checks and balances,” he said. “It is evidence that the country has moved significantly to the right.”

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