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It will come as no surprise that I have a different interpretation of the four passages in which, McRae claims, Descartes “definitely includes extension and its modes in what is given through the senses”. In the first, Descartes includes extension, etc., among his ideas of corporeal bodies. This is not to say that he includes them among his adventitious ideas, though. All adventitious ideas are ideas of external bodies. But the converse is not true. Not all ideas of corporeal bodies are ipso facto adventitious ideas, for, as I see it, the idea of the true and immutable nature of body is non-sensible and innate. McRae slides from “all adventitious ideas seem to be ideas of external bodies” to “all ideas of external bodies (including extension) are adventitious”.
The recent literature has seriously challenged, and in my view defeated, the traditional representationalist interpretation of Descartes. One contributor to it, John Yolton, has recently extended its arguments to argue that the traditional representationalist interpretation of Locke must be relinquished as well, that Locke, following the Cartesian path of Arnauld, held a semiotic theory of ideas which “de-ontologized” them and construed them as signs or cues in the direct perception of physical objects. The Cartesian support for this view, especially in La Dioptrique, has been questioned by R.F. McRae, who argues that “if Locke accepts Descartes' theory of vision, then Descartes' conception of sensations as signs provides no support for the direct realist interpretation of Locke.” My aim here is not to resolve the representationalism issue, but to show the irrelevance to it of the kinds of questions the Yolton-McRae exchange raises concerning sense perception. I shall try to show that there stems from Descartes a single account of those questions the essentials of which are embedded in theories falling on both sides of the representationalism issue. That single account involves a theory of judgment and vision, especially of distance, which in the case of Malebranche and Berkeley, even involves the same confusions.
The Hyde Amendment, the law at the heart of Harris v. McRae, arguably represents the anti-abortion movement's most important victory since the U.S. Supreme Court held in Roe v. Wade that the Constitution protects a woman's right to choose abortion. Since September 1976, Congress has banned the use of federal dollars for the reimbursement of most abortion services under the Medicaid program. McRae matters most simply because the U.S. Supreme Court rejected a constitutional challenge to the Hyde Amendment, enabling the federal and state governments to ban funding for abortion. As Professor Leslie Griffin's opinion shows, McRae might have done even more damage to the cause of women's rights when the Court closed the door on Establishment Clause claims against abortion restrictions.
BACKGROUND
The story of Harris v. McRae began in the immediate aftermath of Roe v. Wade, when abortion opponents across the country gathered to respond to the U.S. Supreme Court's decision. From the beginning, the movement fixed its sights on a constitutional amendment banning abortion. The Hyde Amendment emerged from an equally important tactical response to Roe – one intended to limit access to the procedure as much as possible under the current law.
As Representative Henry Hyde of Illinois recognized, Medicaid played a vital part in the realization of the right to choose abortion. Created in 1965, Medicaid provided financial support to participating states to reimburse certain costs incurred in the treatment of needy patients. Because Medicaid operated as a cooperative federal-state program, some states had already banned the use of most abortion funding at the time Hyde pushed his proposal in Congress.
Just the same, Hyde understood the significance of a federal ban. Before 1976, Medicaid funded roughly 33 percent of all abortions. A study conducted in the late 1970s by Family Planning Perspectives found that, but for the Hyde Amendment, roughly 23 percent of women who carried a pregnancy to term would have made a different choice. On the day Congress enacted the initial version of the Hyde Amendment, Rhonda Copelon, Sylvia Law, and others – the attorneys for Cora McRae and those challenging the Hyde Amendment – filed suit. Americans United for Life, a group that increasingly embraced incremental restrictions on abortion, quickly sought to intervene and represent Representative Hyde and several congressional allies.
In Harris v. McRae, the recent case in which the U.S. Supreme Court upheld the constitutionality of the Hyde Amendment, the Court for the first time was asked to consider whether antiabortion legislation respects the establishment of religion or violates the free exercise thereof. The Court held that the Amendment did not effect an establishment of religion, and found that the plaintiffs lacked standing to raise the free exercise argument.
The writer explores the questions raised, agreeing with the Court's disposal of the establishment argument. He does find considerable.validity in the free exercise challenge, but concludes that the Court as presently constituted is unlikely to accept it. In addition, he believes that the Court, in its treatment of both arguments, either ignored or improperly dis tinguished earlier cases that supported the plaintiffs.