Massachusetts Abortion Clinic Bubble Zone Law Struck Down

Thursday, June 26, AD 2014

 

 

Today a unanimous Supreme Court, in MCCULLEN ET AL. v. COAKLEY, ATTORNEY GENERAL OF MASSACHUSETTS, struck down the Massachusetts “Bubble Zone” law, keeping pro-life protestors  35 feet away from abortion clinics, as a violation of the First Amendment.  That is a good thing.  The bad thing is that it was authored by Chief Justice John Roberts, and I will let Justice Scalia explain what a limited victory for the pro-life cause this is, and what a disappointment it is that the Chief Justice wrote it.

 

JUSTICE SCALIA, with whom JUSTICE KENNEDY and JUSTICE THOMAS join, concurring in the judgment.

Today’s opinion carries forward this Court’s practice of giving abortion-rights advocates a pass when it comes to suppressing the free-speech rights of their opponents. There is an entirely separate, abridged edition of the First Amendment applicable to speech against abortion. See, e.g., Hill v. Colorado, 530 U.S. 703 (2000); Madsen v. Women’s Health Center, Inc., 512 U.S. 753 (1994).

The second half of the Court’s analysis today, invalidating the law at issue because of inadequate “tailoring,” is certainly attractive to those of us who oppose an abortion-speech edition of the First Amendment . But think again. This is an opinion that has Something for Everyone, and the more significant portion continues the onward march of abortion-speech-only jurisprudence. That is the first half of the Court’s analysis, which concludes that a statute of this sort is not content based and hence not subject to so-called strict scrutiny. The Court reaches out to decide that question unnecessarily-or at least unnecessarily insofar as legal analysis is concerned.

I disagree with the Court’s dicta (Part III) and hence see no reason to opine on its holding (Part IV).

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13 Responses to Massachusetts Abortion Clinic Bubble Zone Law Struck Down

  • Only truth has free speech.

  • “Public streets and sidewalks are traditional forums for speech on matters of public concern.”
    Is that really the law in the US? Ours is quite different. In McAra v. Magistrates of Edinburgh [(1913) S.C. 1059], the Lord President (Dunedin) said, “As regards the common law, I wish most distinctly to state it as my opinion that the primary and overruling object for which the streets exist is passage. The streets are public, but they are public for passage, and there is no such thing as a right in the public to hold meetings as such in the streets.”
    As for the right of free speech, he said that it undoubtedly exists but that: “the right of free speech is a perfectly separate thing from the question of the place where that right is to be exercised.”
    Hence, the common request by police officers to “Move along, there” and why demonstrations usually take the form of marches.

  • “Is that really the law in the US?”

    Yep. Parade permits normally have to be obtained if one wishes to march in the streets. Sidewalk protests in the US, completely unlicensed, are not uncommon. I walked through an anti-war one on public sidewalks, ironically aimed against Obama by far Leftists, after my family and I had lunch at a pub in downtown Urbana on the Saturday before Memorial Day. This group has been holding similar weekend protests in Urbana since 2003.

    https://www.aclu.org/free-speech/know-your-rights-demonstrations-and-protests

  • “Only truth has free speech.”

    No, since people differ on truth and many disagreements do not involve truth per se, or involve clashing truths: i.e. state’s rights v. freedom in the Civil War. Most tyrants throughout History, as they throttled the free speech of those who opposed them, would piously proclaim that they were only defending truth.

  • Agree, Donald. Man is not God, and by virtue of his fallen nature will always have a weak grasp of Truth. Hence we grope for it clumsily and with limited success, but it is important and we struggle and argue over it necessarily. Free speech is a key means by which we can make progress. It leads to Truth, however haltingly and imperfectly.

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  • “I wish most distinctly to state it as my opinion that the primary and overruling object for which the streets exist is passage”
    MPS, sidewalks in the U.S. are for passage also. However, we recognize that the right of the pedestrian for passage is usually not hindered by people who are exercising their free speech rights. Perhaps the sidewalks are just smaller in Scotland?
    We have recently had a spat of demonstrations by groups called ‘Occupy Wall Street’ or OWS. These groups did block sidewalks, to the consternation of many. All U.S. venues have laws that prohibit this, but the police often were reluctant to enforce them due to media sympathies for OWS and the knowledge that certain judges will go too far and agree with the OWS claim that their blockage is itself an exercise of free speech. The police would only act in the most outrageous situations.

    You may ask yourself, how did these judges get this idea? It all goes back to the civil rights movement of the 1960’s, with the protests against legal segregation. The civil rights protestors maintained their blockage of sidewalks and entrances to segregated establishments was the only effective way they could protest and thus was an act of speech. What people forget is that those protestors never saw their actions as an act of free speech: they were not challenging public order laws in general, and fully expected to be arrested. In fact they were a bit apologetic about it, even as they maintained the necessity to do so. Today’s protestors claim their mantle but also claim their public disorder to be free speech. It’s a much different world, and in this regard not a better one.

  • The English law on the subject was stated by Lopes LJ in in Harrison v. Duke of Rutland ([1893] 1 Q.B. 142) Harrison was on a road running across the Duke’ land and was interrupting a shoot by scaring game away from the butts.
    At p. 154 he said: “The conclusion which I draw from the authorities is that, if a person uses the soil of the highway for any purpose other than that in respect of which the dedication was made and the easement acquired, he is a trespasser. The easement acquired by the public is a right to pass and repass at their pleasure for the purpose of legitimate travel, and the use of the soil for any other purpose, whether lawful or unlawful, is an infringement of the rights of the owner of the soil, who has, subject to this easement, precisely the same estate in the soil as he had previously to any easement being acquired by the public.”
    In Hickman v. Maisey ([1900] 1 Q.B. 752) it was held to be a trespass for someone (a racing tout) to use the road as a vantage point for observing and timing the performance of racehorses undergoing trial for an hour and a half. The same would, no doubt, apply to paparazzi on a stake-out, if the owner of the soil took exception.
    The law of Scotland is the same.

  • “Roe v. Wade has exerted a poisonous influence on the courts as laws, and traditional judicial modes of interpreting laws and the Constitution have been twisted and warped to protect the sacred [rite, ahem] right of women to slay their offspring.”
    Of course, it isn’t just Roe v, Wade, but the continuing love of abortion and the need to justify it that is poisonous.

    ” Imagine the damage that the Dred Scott decision would have done to American jurisprudence if it had not been overruled by the Civil War…”
    I have never seen this thought expressed, but it is so true. The Dred Scott decision would have infested the courts and generated more and more evil fruit with each case that relied on it as precedent. Arguably the timing of the Civil War and the postwar amendments to the Constitution saved this country from many legal monstrosities; a Civil War delayed to 1890 or 1900 would have allowed for a half century of bad precedent that even a Union victory could never repeal. Up for a novel, Don?

  • Every time Piers Morgan talks, I lose a brain cell.

  • Pontius Pilate asked of Jesus Christ, his prisoner: “What is truth?”
    .
    Truth is the absolute and perfect absence of evil. Pilate no longer recognized his own pure innocence and his soul created in perfect innocence. Jesus’ presence testified to Pilate’s guilt in not willing to stay pure and innocent, morally and legally innocent. It was incumbent upon Pilate, as governor of Judea, to defend truth and innocence, as it was Pilate’s function to deliver Justice and determine guilt; to judge the nation. Jesus stood as a witness against Pilate’s failure to be both a man and a leader.
    .
    “The truth, the whole truth and nothing but the truth, so help me God.” ought to have been Pilate’s constant prayer.
    .
    The obvious answer to “Who is truth?” is the three persons of the Blessed Trinity, Jesus Christ, true God and true man, and the Blessed Virgin Mary, who, filled with the Holy Spirit from creation, willed to be in perfect conformity to the will of God. To Mary, God gave the special privilege of the Immaculate Conception, the grace to have her pure and innocent desire fulfilled by God and to remain a virgin for all time. The next answer to: “Who is truth?”: is the newly begotten sovereign person, who is created in perfect and absolute innocence, moral and legal innocence, for God does not create sin or evil, and who must be visited by the sin of Adam, and who must desire to remain an innocent virgin as God created him and avoid the sin of Adam.
    .
    Truth is the absolute absence of evil and in this, truth is absolute. If it is not true, then it is a lie. Unalienable human rights must be endowed by an infinite God of absolute truth. Finite human rights endowed by a finite state, that is, a state constituted by men, with a beginning and, therefore, an end, cannot endow unalienable human rights because it is, of itself, alienable. “it is the right of the people to alter or to abolish it, and to institute new government,” The Declaration of Independence. The finite state cannot endow unalienable human rights. The finite state can only endorse the human rights endowed by “our Creator”.
    .
    Pornography is a lie about the human being, his creation in perfect innocence and virginity and impacts our constitutional posterity by setting an evil precedent of ignoring the innocence and virginity required to establish Justice “to secure the Blessing of Liberty to ourselves and our posterity.” From the Preamble to our Constitution.
    .
    Pornography profits from catering to the sin of Adam and therefore is not free or absent of evil. Abuse of the human being, body and soul, inheres in pornography. Pornography may be described as soul murder. That pornography was given freedom by the Court, while it is addictive and imprisons the soul, is a miscarriage of Justice.
    .
    Abortion destroys our constitutional posterity. Justice cannot be established by destroying the most innocent among us. Innocence, the absence of evil, is the compelling interest of the state and the indispensible reality for establishing and preserving Justice. “establish Justice” from The Preamble. Abortion violates the Preamble, the unchangeable purpose of the Constitution.
    .
    Sodomy denies the soul of the human being. Denying the human being composed of body and rational immortal human soul is a great lie.
    .
    Like prohibition with alcohol, abortion and pornography and sodomy might never become outlawed, but abortion, pornography and sodomy must be identified by the state as the evil they perpetrate. These evils must never be allowed. These evils must be outlawed, as for the common good and general welfare of the nation, and most certainly must not be supported by the laws levying taxation upon the innocent souls in our nation. Forcing innocent souls to support evil through public allowance of evil and levied taxation is taxation without representation.
    .
    If Hobby Lobby is not represented by our nation, or Hobby Lobby’s constituency is used against it, Hobby Lobby cannot be forced by its citizenship or constituency, which have been denied to it, to support a nation which refuses to acknowledge his citizenship and constituency. If Hobby Lobby does not win this judgment, Hobby Lobby will have been again denied his citizenship, his constituency overruled, and again refused to be represented and acknowledged.
    .
    Justice is of God.
    .
    All the state endows is citizenship and a tax bill at birth of an innocent soul. Taxing that innocent soul without representation is unconstitutional. Taxing that innocent soul without acknowledgement of his soul is unconstitutional and irresponsible.
    .
    The truth will set us free.

  • If same sex couples can come into bakeries to harass and sue for access to the bakery’s time and talent, and people out dining may come into the kitchen of restaurants at will to check on cleanliness, then, surely abortion clinics, which are places of commerce and are not non-profits cannot deny any person the freedom to come onto their premises to inspect, inform themselves, or to pray the rosary.
    .
    There is an excellent example in Obamacare coming into Hobby Lobby, a place of commerce, and not a non-profit, and making demands under penalty of law, that the corporation give to their workers a benefit to which the owners in good will, object. The government has no business, at the business, telling the owners and workers how the business will be run.
    .
    Supreme Court Justice Antonin Scalia has brought to the fore the question of changing the Constitution without three quarters of the states ratifying this, or any change. The change from “due process of law” to “substantive due process of law” gives the court the freedom to write law and rewrite the Constitution, a power reserved to the people. “substantive due process of law” may decide who is given due process of law and who is denied due process of law, as in the case of the newly begotten sovereign person’s being accused of murdering, or causing the death of his mother. In the case of abortion to save the life of the mother, death must be imminent. In “substantive due process of law”, the court has usurped legitimate authority to serve its bias against human life, and human beings’ right to life, and our founding principles that all men are created, not born, equal.
    .
    The Fifth Amendment, in the takings clause, has also been changed in collusion, from private property being taken “for public use” to private property being taken for public purposes” giving government and local officials total power over all private property under their control, and without the change being ratified by the states and without the people being notified of the change and without the change being put to the taxpayers’ vote. It is the government official who decides what is “public purposes”, without ratification or the peoples’ consent.
    .
    When an ordinary person serving in the capacity as government can overrule the will of the people, we are no longer the land of the free, we are subjects to the whim of an imperfect individual.
    .
    Donald your interpretation of Antonin Scalia is superb.
    .
    Michael Paterson-Seymour: ““As regards the common law, I wish most distinctly to state it as my opinion that the primary and overruling object for which the streets exist is passage. The streets are public, but they are public for passage, and there is no such thing as a right in the public to hold meetings as such in the streets.””
    .
    If people, persons, were monuments of stone in the passage way this law is true, but people deserving of respect and courtesy may be petitioned to give way or allow passage at will, barring assault and battery. The people at abortion mills are the most humble, peaceable, and generous.
    .
    All public lands and waterways belong to the people in joint and common tenancy. We own it all and I own it all, and therefore, the sidewalk cannot be reserved to serve the bias of the courts.

  • Clay: “Every time Piers Morgan talks, I lose a brain cell.”
    .
    I loved the way Scalia held his own and gave no ground to the bully.

Sacred and Holy?

Sunday, September 5, AD 2010

And they cried with a loud voice, saying:  How long, O Lord (holy and true) dost thou not judge and revenge our blood on them that dwell on the earth? Apocalypse 6:10

If you listen closely you can hear the attendants (which include the mayor of our fine city of Houston Anise Parker) at this “dedication” commenting on their newly “sacred and holy” ground. They are speaking of the largest abortuary in the United States.

If we are moving toward, or already in, a post-Christian civilization then should we be surprised that those who promote and support abortion and other anti-life policies impart a religious sheen on their actions?  After all, human sacrifice was present in almost all pagan religions to some extent with the Aztec sacrifices being among the most infamous.  These people are willing and proud worshipers of Baal and, unless we pray, fast and offer Masses in reparation for these sins, we will only allow this evil to grow and ever more innocents slaughtered at the altar of “Choice”.

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5 Responses to Sacred and Holy?

  • Walter,

    Thanks for posting this.

    It’s a crying shame that the Archdiocese of Galveston-Houston has the largest abortuary in their backyard.

    I’d like to know if there was a Catholic priest present at the ceremony and what is his name. I only say this because the attendees were reading from a pamphlet that said “holy and sacred ground”. Sounds very Catholic to me.

    That and Carol Alvarado, a Catholic state representative is shown prominently in this video. She is also (or was) on the board of directors of Planned Parenthood of Southeast Texas (Houston).

  • Yeah thanks for posting this.. I get sick listening to that mayor and state rep – notably misguided by a passion that can’t see the truth… Please people from Houston vote them out…

  • “holy and sacred ground” sounds very Catholic to me”

    It could just as easily be Episcopalian, since a lot of their liturgy “sounds Catholic” too (in some cases, more Catholic than the current Novus Ordo).

  • McClarey posted some homilies by Cardinal Newman this past Lent that addressed the neo pagan-atheism that will plague our times.

    It seems we may be experiencing that right now. Secularization of society, practical atheism, and a president with an ideological bent toward socialism, liberation theology, collective salvation and Mohammadism (he may not be a Muslim, but he is certainly sympatico).

    Add that to Human child sacrifice (abortion), use of magic potions (drug and alcohol abuse), sexual rites (cohabitation, pedophilia, pornography, sodomy, homosexualism, ‘gay marriage’, incest, polyamorous unions, etc.) and a generally hedonistic culture.

    We, orthodox Catholics, are nothing more than a remnant in a culture that is more pagan and evil than pre-Christian Rome.

    Time for the saints to rise up.

  • I noticed that the woman in red was clearly embarrassed and did not want to pronounce the word “abortion”.

    They perfectly well know what they are doing and desperately try to delude themselves into thinking that they are not murdering anyone.

    M

A Moving Moment Outside The World's Largest Abortion Mill

Tuesday, June 8, AD 2010

An inspiring scene of Ramon refusing to cater for the new super abortion mill in Houston.

To help eliminate the world’s largest abortion mill in Houston contact the following groups:

Life Advocates of Houston

Texas Right to Life

Houston Coalition for Life

Father, forgive them, for they know not what they do.

— Holy Gospel of Saint Luke 23:34 cf.

Ora pro nobis!

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3 Responses to A Moving Moment Outside The World's Largest Abortion Mill

  • Ramon, You are my hero! Thank God for a man like you who will stand up for his beliefs and who is so willing to share his heart for the unborn with others!

  • Great Ramon – you are my hero. I posted this on my blog. Ramon knows what many do not – that Planned Parenthood kills babies. They also target minorities with EUGENICS. Check out – Maafa21 for stunning documentation of this fact: http://www.maafa21.com

  • Ramon God will bless you tremendously for standing up for unborn babies and trusting in Him.

Lila Rose and the Abortion Escort

Tuesday, February 2, AD 2010

Hattip to Cassy Fiano at Hot Air.  This will come as old news to pro-lifers who attempt to spread the pro-life message at abortion clinics, but abortion clinic employees, volunteers and escorts are usually intensely abusive of pro-lifers, sometimes resorting to physical violence.  These incidents are usually ignored by the media, most of which is completely in the tank for the pro-abort cause.

On December 18, 2009, Lila Rose, the intrepid pro-life activist I have written about here and here, was with 20 students and 3 adults to pray at an abortion clinic in San Jose, California.

According to a police report filed at the scene, supported by several witnesses, the following interaction took place between Miss Rose and the uniformed Planned Parenthood escort:

Rose, from the public sidewalk: “Sir, are you familiar with the abortion procedure?”

Escort approaches Rose rapidly from Planned Parenthood parking lot, says, “You idiot. You’ve caused so much trouble. You piece of crap.”

Rose offers to show Escort a picture: “Can I show you a picture of what it really does to a baby?”

The Escort strikes Miss Rose’s hand, knocking literature and Bible to the ground. Rose steps further back on sidewalk, Escort steps towards Rose.

Escort, visibly shaking, says, “It’s a woman’s choice!”

Rose says, “What about the baby’s choice?”

Escort says, “It’s not a baby!” Escort turns around and walks away.Police were called and interviewed the victim and several witnesses. Rose sustained no injuries from the attack. Charges of assault and battery are pending. There have been no apologies.

Live Action maintains a strong commitment to non-violent public discourse. We expect Planned Parenthood will respond to their escort’s attack by publicly disavowing the use of violence.

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