8

January 22, 1973: Roe v. Wade

Forty-five years since Roe was handed down.  The main evil of Roe of course is the 60 million innocents slaughtered as a result of it.  A secondary evil is the corruption of our judicial system.  In Roe we have a decision which is devoid of any pretense that it is interpreting the law.  Professor John Hart Ely of Yale, in his famous 1973 law review article The Wages of Crying Wolf:  A Comment on Roe v. Wade, put it succinctly:  “It is nevertheless a very bad decision.  Not because it will perceptibly weaken the court-it won’t;  and not because it conflicts with my idea of progress or what the evidence suggests is society’s-it doesn’t.  It is bad because it is bad constitutional law, or rather because it is not constitutional law and gives almost no sense of an obligation to try to be.”  Go here to read Ely’s article, its conclusion made doubly damning by the fact that he personally favored legalization of abortion and thus was condemning a decision the result of which he personally favored.

Roe, and decisions like it, are, in the words of Byron White’s dissent in Roe, a “raw exercise in judicial power“.  Illegitimate judicial power I would add, for when a court stops interpreting law and begins making law, and that is clearly what occurred in Roe, a court betrays the basic function of a court.  It is precisely as illegitimate as Congress sitting as a court of general jurisdiction and beginning to find various people guilty of offenses, or if the President were to declare the Supreme Court an arm of the Executive Branch and replace all the Justices with his nominees.  That the Supreme Court has thus far gotten away with its illegitimate power grabs makes such decisions as Roe not a whit more legitimate.

 

Share With Friends
  •  
  • 8
  •  
  •  
  •  
  •  
  •  
  •  
  •  
  •  
  •  
  •  
    8
    Shares

Donald R. McClarey

Cradle Catholic. Active in the pro-life movement since 1973. Father of three and happily married for 35 years. Small town lawyer and amateur historian. Former president of the board of directors of the local crisis pregnancy center for a decade.

8 Comments

  1. Roe v. Wade disenfranchised the newly begotten sovereign person of his unalienable human rights and his civil rights by denying him is rational immortal human soul, his free will to survive and his intellect, thus imposing atheism on him and on his country.
    Eoe v. Wade never bore the burden of proof that the newly begotten human soul was not a sovereign person but assumed he was not eligible for his unalienable human rights and his civil rights. DNA proves that the child in the womb is an individual human being. Being accused of threatening his mother’s life, the child must have his day in court, one case at a time.

  2. The child establishes a woman as his mother and a man as his father. The feminist movement has not only emasculated a great number of men, Roe v. Wade, the horrible outgrowth of the feminist movement has disenfranchised the fatherhood of man, the father’s seed and his DNA now a part of the newly begotten innocent soul in the womb.
    Roe v. Wade has disenfranchised all parents of their lawful authority over their minor children.
    Roe v. Wade denies the science that the child begins at fertilization, that the child has the DNA of the father as well as of the mother and that the DNA of the child is a body part of the mother as well as the father.
    Roe v. Wade denies that all unalienable human rights come from “their Creator”, that the state does not have sovereign personhood to endow to any human being. The state has sovereignty given it by the sovereign personhood of the newly begotten member of the people, but the state does not have nor does the state own sovereign personhood. By usurping the sovereign personhood of the newly begotten rational soul in the womb, the state becomes a gulag archipelago. There is no welcome to the American gulag.

  3. The mass slaughter of prenatal children is the most horrific and vile perversion ever conjured into existence by our species. The number of lives killed by abortion has eclipsed every other unnatural cause of death in recorded history combined.
    All five million unborn babies alive in America today can be killed tomorrow, legally and unstoppably, on the whim of their mothers.

  4. Of the 60,000,000, about half, 30,000,000, are murdered minority babies [African American and Hispanic]. Their mamas are less than 20% of the entire population. This is the goal of the Party of Death, the Democrats. Call them Deathocrats, Demonrats, or DeathDealers – the exposure of this truth of Democrat RETA policy and their advocacy of and promotion of Black Genocide and Brown Genocide is what is beginning to turn around the minority voters who got out of the womb alive. Imagine if another 30,000,000 minority voters were spread around this country? Guy McClung, Texas

    RETA = racial eugenic targeted abortion

  5. GUY MCCLUNG: Every person alive after Roe v. Wade is a survivor of abortion. Every rational human being must realize that he might have been one of the 60,000,000 aborted and petition the government for a redress of grievances.
    How can a civilized nation turn into cannibals? What went wrong? Oh, yes, the Court took God out of the public square. The Court took Faith, Hope and Charity out of the public square. Obama promised the people HOPE AND CHANGE. Obama lied.

  6. A new definition of truth was responsible for Roe vs Wade illustrated by Justice Kennedy’s statement below:

    “At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life.” Justice Anthony Kennedy

    The above statement means there is no such thing as fixed unchangeable truth which destroys the very foundation of law. “The (new) truth is no longer the conformity of judgement to intuitive reality and its immutable laws, but to the conformity of judgement to the exigencies of action, and of human life” according to Fr. Garrigou-Lagrange, O.P.

    Unfortunately, this new definition of truth, which is the basis of Modernism, was also the basis for the theology of Vatican II with the same dire results that affects our Constitution.

    What the new truth is, is no truth at all. It is doing whatever you like and finding some court to agree with it. This is similar to what Pope Francis is doing with divorce and remarriage. The “new” truth is the devil’s definition of truth, not God’s.

  7. MICHAEL DOWD: “…the TRUTH, the whole TRUTH and nothing but the TRUTH, so help me God.” is gone. Now, it is my truth v. your truth and our truth v. anyone’s truth. totalitarianism. might makes right, the end justifies the means. Justice Anthony Kennedy invented the end of civilization. Useful idiots led by useless idiots.

  8. On second thought: Jesus Christ is the TRUTH, the whole TRUTH and nothing but the TRUTH. Jesus Christ is the revelation of God. Jesus Christ is a sovereign person, the second Person of the Supreme Sovereign Being. Anthony Kennedy dismissed the reality of the sovereign person of Jesus Christ. All the Holy Innocents to come after Jesus Christ, in their sovereign personhood were dismissed and Kennedy called it LIBERTY. The state defined sovereign personhood as non-existent.

Comments are closed.