D. Michael Fisher

Nominated to the U.S. Court of Appeals for the Third Circuit.

• Fisher has publicly and repeatedly made clear his strong opposition to reproductive rights, extending even to limiting access to contraception. He has stated that he believes abortion should be illegal even in cases of rape and incest, allowing exceptions only to save the life of the woman.

• Fisher believes that the government should play a significant role in a woman's private decision of whether to bear a child, and wants to limit access to abortion as much as possible:
  "My viewpoint is, abortion is wrong and every life is sacred, born or unborn. And I think it's a moral tone, it's a policy that state government needs to promote that will not only promote that belief, but also make sure that people understand that abstinence is the best choice. All of that taken together is what's going to reduce the number of abortions in this state."
  "[A]bortion is becoming no more than just a form of family planning by those people who are seeking it ... The more accessible abortions are—there's no question in my mind—the stronger the likelihood there is a mother will seek that alternative first before looking at other alternatives ... [It is] my belief that all life is sacred."

• As a state legislator, Fisher voted for the Pennsylvania Abortion Control Act, which required biased counseling of women seeking abortions, a 24-hour waiting period, and spousal notification and parental consent, and imposed reporting requirements on facilities that perform abortions. The spousal notification portion of this Act was declared unconstitutional in Planned Parenthood of Southeastern Pennsylvania v. Casey.

• Fisher also has repeatedly used his public positions to advance his personal anti-choice agenda:
  • As Attorney General of Pennsylvania, Fisher signed on to an amicus curiae brief in Stenberg v. Carhart, asking the Supreme Court to uphold a Nebraska law that banned safe abortion procedures. Fisher signed on to this brief even though Pennsylvania had not adopted similar legislation. The Supreme Court struck down the Nebraska law, finding that it constituted an "undue burden" on the right to choose and it lacked sufficient protections for women's health.

  • Fisher testified before the U.S. Senate in support of the Child Custody Protection Act, which would subject to criminal prosecution an aunt, grandmother or others who accompany a young woman across state lines for an abortion.

  • As Attorney General, Fisher personally presented the oral argument contesting abortion rights claims raised by the defendant in the case Commonwealth v. Hartford, in which a woman was prosecuted for accompanying her son's teenage girlfriend across state lines to obtain an abortion.

  • While serving on the Pennsylvania Board of Pardons, Fisher voted to deny a pardon to a man who was convicted and served time for assisting a female friend to obtain an abortion in 1961, although he later changed his vote following critical editorials and letters.

• Fisher's opposition to reproductive rights extends to contraception as well. He has stated that he opposes state legislation providing funding for contraceptive services or even assuring that health plans cover contraception equally with other prescription drugs. Fisher also supported public health care funding for religious groups that would have denied women access to family planning services.

• Furthermore, the Fisher nomination will raise serious concerns for anyone concerned about the separation of church and state, gay and lesbian equality, or the death penalty. And on the issue of civil rights, Fisher holds the remarkable distinction among President Bush's nominees of having been found by a jury to have violated the federal civil rights of state employees, while his nomination was being vetted by the White House. A Pennsylvania jury assessed $100,000 against him for maliciously or wantonly violating the civil rights of two narcotics agents who were transferred after they refused to back off of an investigation. Apparently, this is not a factor for the White House since he was nominated to the Third Circuit less than three months after the jury's decision. A Fisher spokesman said he would appeal—an appeal that of course would be heard by the Third Circuit, the very court to which Fisher has been nominated.

last updated 7/23/03