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FOR IMMEDIATE RELEASE June 22, 2007

Controversial Nominee Should Not Get Lifetime Judicial Appointment

State, national groups express serious concerns about Richard Honaker

Washington, DC – Nancy Keenan, president of NARAL Pro-Choice America, and Sharon Breitweiser, executive director of NARAL Pro-Choice Wyoming, sent a letter this week to the Senate, highlighting their concerns about the nomination of anti-choice Richard Honaker to the U.S. District Court for the District of Wyoming. 

The letter was signed by national and Wyoming-based organizations and was organized by NARAL Pro-Choice Wyoming and NARAL Pro-Choice America in response to President Bush's nomination of Honaker to a lifetime post in March.

Honaker is a staunch anti-choice advocate who has not only repeatedly stated his view that legal abortion is the equivalent of murder, but has spent significant portions of his career fighting to deny women access to safe, legal reproductive-health services.  While serving in the Wyoming House of Representatives, Honaker put his extremist belief that "abortion kills innocent children" into action by twice pushing for legislation that would place a near-total ban on abortion services in the state.  When these legislative efforts failed, Honaker, undaunted, joined forces with an anti-choice advocacy group to place the proposal as a ballot initiative – a measure that Wyoming voters overwhelmingly rejected.

"Now is the time for the Senate to show the Bush White House and the public that they heard Americans' call for an end to divisive attacks against women's freedom and privacy," Keenan said.  "The Senate has the opportunity to demonstrate true leadership by refusing to consider this nomination and instead asking the president to fill the post with an individual who shares Americans' mainstream views of constitutional rights, including those protected by Roe v. Wade."

Breitweiser, of NARAL Pro-Choice Wyoming, who worked against Honaker's legislative attacks on choice while he served in the state legislature, said the public shouldn't accept Honaker's recent claims that his personal views on abortion won't affect his decisions as a judge. 

"Richard Honaker has a long and disturbing history of working to end legal abortion," Breitweiser said.  "The man who once led an effort to outlaw abortion in Wyoming is now trying to downplay his own radical agenda, but I doubt that will wash with the American public.  Bush's decision to nominate Honaker for this important position underscores a relentless quest to appease far-right pressure groups at the expense of the common good."

The groups delivered this unified message in a letter to the Senate on Friday, June 15.  The text of the letter, including the signatories, is below.


June 13, 2007

Dear Senator:

As organizations committed to protecting reproductive rights, individual freedoms, and the separation of church and state, we write to voice our serious concerns about the nomination of Richard Honaker to the U.S. District Court for the District of Wyoming, and to urge the Senate not to take up this nomination. 

Honaker is a staunch anti-choice advocate who has not only repeatedly stated his view that legal abortion is the equivalent of murder, but has spent significant portions of his career fighting to deny women access to safe, legal reproductive-health services.  For example, while serving in the Wyoming House of Representatives, Honaker put his extremist belief that "abortion kills innocent children" into action by twice pushing for legislation that would place a near-total ban on abortion services in the state.  Though one bill failed in committee and the other never even made it that far, Honaker, undaunted, joined forces with an anti-choice advocacy group to place the proposal on the ballot as a statewide initiative.  His views on abortion were so out of step with Wyoming voters that the ballot initiative was also handily defeated.   

In addition to his documented hostility toward a woman's constitutional right to choose, Honaker's statements about how certain religious views should influence legal analysis call into question his ability to apply the law without prejudice and with appropriate respect for and deference to precedent.  Specifically, Honaker advances a legal philosophy that elevates his personal view of Christianity over well-established constitutional and legal principles.  Further, he disparages individual liberty and autonomy – the foundations upon which constitutional protections of women's reproductive rights are built – as an abandonment of what he characterizes as religious "absolute truths."  It is this resentment of certain constitutionally protected rights that run counter to his personal religious beliefs that raises serious concerns about Honaker's ability to resolve legal questions objectively.  

Honaker's recent attempt to quell concerns about his extremist views only heightens those concerns.  Honaker has stated that his nomination should not be a cause for concern for those who support a woman's right to choose because "it is unlikely that any case involving the abortion issue would ever come before" him as a presiding judge and that, even if he did hear an abortion rights case, "the losing party [could] appeal to the Tenth Circuit, and perhaps on to the United States Supreme Court, and nobody would remember what the trial judge did anyhow." 

He dismisses the decisions of U.S. District Court judges as unimportant and forgettable, an extremely troubling position, especially when held by a person nominated for a lifetime appointment to the District Court.  Federal trial judges are charged with carrying out work critical to a case's ultimate success or failure.  Such work includes presiding over essential fact-finding processes, deciding pretrial motions, declaring what a jury may consider in deliberations, and ruling on vital evidentiary matters.  Statements such as Honaker's could reasonably call into question his respect for precedent- a troubling prospect indeed. Litigants in Wyoming, and the nation as a whole, deserve a judge who will apply the law without prejudice, and who recognizes the impact that his decisions have on ordinary citizens. 

We believe Honaker's position on reproductive rights coupled with his belief that his religious views should influence the interpretation of state and federal laws cast serious doubt on his ability to apply the law when that law runs against his personal beliefs.  We urge the Senate not to take up the nomination of Richard Honaker to the U.S. District Court for the District of Wyoming.  

Thank you for your consideration.

Sincerely,

American Medical Women's Association
Americans United for the Separation of Church and State
Association of Reproductive Health Professionals
Center for Inquiry
Feminist Majority
Laramie Reproductive Health
Legal Momentum
NARAL Pro-Choice America
NARAL Pro-Choice Wyoming
National Abortion Federation
National Council of Jewish Women
National Organization for Women
National Partnership for Women and Families
National Women's Health Network
National Women's Law Center
Planned Parenthood Federation of America
Planned Parenthood of the Rocky Mountains
Population Connection
Sexuality Information and Education Council of the U.S. (SIECUS)
Women's Action Network
Women for Women
Wyoming NOW

Contact:
Ted Miller, 202.973.3032

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