Cass Sunstein

TEL AVIV – The government should be required to fund abortion in cases such as rape or incest, argues President Obama's newly confirmed regulatory czar, Cass Sunstein.

"I have argued that the Constitution ... forbids government from refusing to pay the expenses of abortion in cases of rape or incest, at least if government pays for childbirth in such cases," Sunstein wrote in his 1993 book "The Partial Constitution."

In the book, obtained and reviewed by WND, Sunstein sets forth a radical new interpretation of the Constitution. The book contains a chapter entitled "It's the government's money" in which Sunstein strongly argues the government should be compelled to fund abortions for women victimized by rape or incest.

The Obama czar posits that funding only childbirth but not abortion "has the precise consequence of turning women into involuntary incubators."

Sunstein argues that refusing to fund abortion "would require poor women to be breeders," while co-opting women's bodies "in the service of third parties" – referring to fetuses.

Sunstein wrote he has no problem with forcing taxpayers to fund abortions even if they morally object to their money being used for such a purpose.

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He wrote: "There would be no tension with the establishment clause if people with religious or other objections were forced to pay for that procedure (abortion). Indeed, taxpayers are often forced to pay for things – national defense, welfare, certain forms of art, and others – to which they have powerful moral and even religious objections."

Sunstein is not shy about expressing his radical beliefs in papers and books, although many of his controversial arguments have received little to no news media attention or public scrutiny.

WND previously reported Sunstein drew up in an academic book a "First Amendment New Deal" – a new "Fairness Doctrine" that would include the establishment of a panel of "nonpartisan experts" to ensure "diversity of view" on the airwaves.

WND also reported Sunstein proposed a radical new "bill of rights" in a 2004 book, "The Second Bill of Rights: FDR'S Unfinished Revolution and Why We Need It More than Ever," in which he advanced the radical notion that welfare rights, including some controversial inceptions, be granted by the state.

WND has learned that in April 2005, Sunstein opened up a conference at Yale Law School entitled "The Constitution in 2020," which sought to change the nature and interpretation of the Constitution by that year.

Sunstein has been a main participant in the movement which openly seeks to create a "progressive" consensus as to what the U.S. Constitution should provide for by the year 2020. It also suggests strategy for how liberal lawyers and judges might bring such a constitutional regime into being.

Just before his appearance at the conference, Sunstein wrote a blog entry in which he explained he "will be urging that it is important to resist, on democratic grounds, the idea that the document should be interpreted to reflect the view of the extreme right-wing of the Republican Party."

In his "Second Bill of Rights" book, Sunstein laid out what he wants to become the new bill of rights, which he calls the Second Bill of Rights:

Among his mandates are:

• The right to a useful and remunerative job in the industries or shops or farms or mines of the nation;

• The right to earn enough to provide adequate food and clothing and recreation;

• The right of every farmer to raise and sell his products at a return which will give him and his family a decent living;

• The right of every businessman, large and small, to trade in an atmosphere of freedom from unfair competition and domination by monopolies at home or abroad;

• The right of every family to a decent home;

• The right to adequate medical care and the opportunity to achieve and enjoy good health;

• The right to adequate protection from the economic fears of old age, sickness, accident, and unemployment;

• The right to a good education.

On one page in his "Second Bill of Rights" book, Sunstein claims he is "not seriously arguing" his bill of rights be "encompassed by anything in the Constitution," but on the next page he states that "if the nation becomes committed to certain rights, they may migrate into the Constitution itself."

Later in the book, Sunstein argues that "at a minimum, the second bill should be seen as part and parcel of America's constitutive commitments."

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