Roe v. Wade
Forty years ago today the Supreme Court rendered its Roe v. Wade decision. Those who believe in the sanctity of human life and long to see America embrace a culture in which innocent life is honored and protected continue to look for a day when humanity is again deemed valuable, where we cherish even those who would be born in “less than ideal circumstances.” Children are our most precious resource and remain the greatest symbol of hope God has given us. This is just one reason why the annual March for Life has been such a powerful aspect of the pro-life movement. This year’s event is Friday, January 25th, and once again a multitude of Americans will gather in Washington, D.C. to show their support for precious little ones.
Our Founding Fathers declared: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty, and the pursuit of Happiness.” However, since 1973, millions of children have been denied the basic right upon which all the others hinge: the right to life.
Lately, President Obama has taken to boldly highlighting children in his speeches. Using kids as the backdrop for his gun control speech, the President claimed his commitment to young ones. “If there’s even one life that can be saved, then we’ve got an obligation to try,” he said. He then outlined why gutting our Second Amendment is the means by which he believes we accomplish this. Every law-abiding citizen’s heart is broken when children are the target of men hell-bent on committing acts of evil, and we agree that the safety and protection of innocent life is paramount. Continue reading
Hattip to Matt Archbold at Creative Minority Report. Nope the above ad is not a parody, but was actually put out by The Center for Reproductive Rights.
Doctor Alveda King, niece of Martin Luther King, Jr., mother of six and a strong pro-life advocate, provides all the commentary this ad needs:
Abortion is genocide. It’s killing populations. It’s killing generations and certainly the population that is most impacted by abortion in America is the black community. So I feel that as a civil rights leader I have responsibility to proclaim that black Americans are being exterminated by the genocidal acts of abortion. Continue reading
Thanks to the efforts of Ron Paul and other pro-life libertarians, I’ve found that it is no longer automatically assumed that libertarians are pro-abortion. This is as it should be.
Indeed, I tremble for my country when I reflect that God is just: that his justice cannot sleep forever.
Thomas Jefferson, 1785
I have always agreed with this sentiment of President Abraham Lincoln:
“Woe unto the world because of offenses; for it must needs be that offenses come, but woe to that man by whom the offense cometh.” If we shall suppose that American slavery is one of those offenses which, in the providence of God, must needs come, but which, having continued through His appointed time, He now wills to remove, and that He gives to both North and South this terrible war as the woe due to those by whom the offense came, shall we discern therein any departure from those divine attributes which the believers in a living God always ascribe to Him? Fondly do we hope, fervently do we pray, that this mighty scourge of war may speedily pass away. Yet, if God wills that it continue until all the wealth piled by the bondsman’s two hundred and fifty years of unrequited toil shall be sunk, and until every drop of blood drawn with the lash shall be paid by another drawn with the sword, as was said three thousand years ago, so still it must be said “the judgments of the Lord are true and righteous altogether.”
If the Civil War was the punishment visited upon the nation for slavery, what plague will visit us for celebrating the “right” to abortion?
As bad as yesterday’s Supreme Court decision was, it doesn’t hold a candle to one handed down twenty years ago today. On this date in 1992, the Court decided the case of Casey v. Planned Parenthood. People might be disappointed with John Roberts right now, but the fury at Justices O’Connor and Kennedy, and to a lesser extent Souter, after they voted to uphold Roe v. Wade dwarfs that.
Ed Whelan links to post by Michael Stokes Paulsen in which he calls Casey the worst Supreme Court decision of all-time. Part one is here, and part two is here. I wholeheartedly agree. I also ranked Casey as the worst when compiling my list of the worst decisions of all-time. Sure, there have been several atrocious decisions handed down by the Court, and Paulsen highlights some of the worst defenders in part one. But what makes Casey so egregious is the combination of the sheer awfulness of the decision from a constitutional perspective, as well as the devastating real world impacts it had.
Paulsen details all that is wrong with the decision. The plurality opinion relied on stare decisis to reach its conclusion, treating the doctrine as though it were sacrosanct. If you listened to the plurality you would come to the conclusion that Court had never struck down a decision it considered to be wrongly decided. What’s more, the plurality opinion is simply a mess of contorted logic, rightfully mocked by Scalia in his brilliant dissent. Most damning, it ensured the continued legal protection of abortion, dooming millions more unborn children to their premature death.
I’ll leave you to read both articles in their entirety.
Roe v. Wade may have made abortion legal in all 50 states, but Casey entrenched that decision. Worse still, it did so in a way that made the Roe majority opinion seem like a masterwork of originalist logic by comparison.
“What we want, and all we want, is to have with us the men who think slavery wrong. But those who say they hate slavery, and are opposed to it, but yet act with the Democratic party — where are they? Let us apply a few tests. You say that you think slavery is wrong, but you denounce all attempts to restrain it. Is there anything else that you think wrong, that you are not willing to deal with as a wrong? Why are you so careful, so tender of this one wrong and no other? You will not let us do a single thing as if it was wrong; there is no place where you will allow it to be even called wrong! We must not call it wrong in the Free States, because it is not there, and we must not call it wrong in the Slave States because it is there; we must not call it wrong in politics because that is bringing morality into politics, and we must not call it wrong in the pulpit because that is bringing politics into religion; we must not bring it into the Tract Society or the other societies, because those are such unsuitable places, and there is no single place, according to you, where this wrong thing can properly be called wrong!”
Abraham Lincoln, speech at New Haven Connecticut, March 6, 1860
Thirty-eight years ago today, the US Supreme Court in Roe v. Wade struck down the laws against abortion throughout the country on the grounds that they were unconstitutional. The decision was, as Justice White noted in his dissent, a “raw exercise in judicial power”, as there was no basis at all in the Constitution to support the ruling. Since that day approximately a million, on average, unborn children have been put to death each year, and a large and powerful faction has championed these deaths as right and proper and opposed all efforts to ban or restrict abortion.
It is fitting that as we observe this dreadful anniversary, the nation is shocked by the revelations at the murder mill run by abortionist Kermit Gosnell for over three decades. As Paul noted in his post on Gosnell here last week the grand jury described his activities in gruesome detail and noted that he was able to do this only with the complicity of the local authorities:
We discovered that Pennsylvania’s Department of Health has deliberately chosen not to enforce laws that should afford patients at abortion clinics the same safeguards and assurances of quality health care as patients of other medical service providers. Even nail salons in Pennsylvania are monitored more closely for client safety.
The State Legislature has charged the Department of Health (DOH) with responsibility for writing and enforcing regulations to protect health and safety in abortion clinics as well as in hospitals and other health care facilities. Yet a significant difference exists between how DOH monitors abortion clinics and how it monitors facilities where other medical procedures are performed.
Indeed, the department has shown an utter disregard both for the safety of women who seek treatment at abortion clinics and for the health of fetuses after they have become viable. State health officials have also shown a disregard for the laws the department is supposed to enforce. Most appalling of all, the Department of Health’s neglect of abortion patients’ safety and of Pennsylvania laws is clearly not inadvertent: It is by design. … Continue reading
Solicitor General Elena Kagan, President Obama’s nominee to the Supreme Court, is already being painted as a moderate by the media and some political interest groups. This portrayal of Kagan is difficult to dispute comprehensively because of her lack of a public record and accompanying statements that delineate her actual personal views on judicial philosophy, thus, complicating the venture of placing her on an ideological spectrum.
Despite this hermeneutical difficulty, allegedly confident political portraits have been made with the details that we do know about Elena Kagan. The New York Times on May 11 published a piece—“As Clinton Aide, Kagan Recommended Tactical Support for an Abortion Ban”—by Peter Baker discussing a memorandum authored by Kagan while she was working for the Clinton Administration. Kagan in the memo counseled President Clinton to support an amendment, authored by Senator Tom Daschle (D-SD), to Republican-sponsored legislation to ban partial-birth abortion that would include an exception for the “health” of the pregnant women in a ban—so broad an exception that it could be easily employed as a loophole that would prevent few, if any, partial-birth abortion procedures.
President Clinton and his advisors (in this case, Kagan) anticipated that the Daschle amendment would not secure enough votes to pass, but White House support could provide enough political cover for Democratic lawmakers who could reiterate their alleged support of the partial-birth abortion ban, but justify their vote against it because of the lack of inclusion of the broad “health” exception for the pregnant woman. In the end, the Daschle amendment failed and the Republican-sponsored partial-birth abortion ban, endorsed by the National Right to Life, was successfully sent to President Clinton who consequently vetoed it. Kagan’s advice to the President was successful and held up the passage of a partial-birth abortion ban for six years.
Douglas Johnson, the legislative director of the National Right to Life, before a joint-hearing before the U.S. Senate Judiciary Committee and the Constitution Subcommittee of the U.S. House Judiciary Committee in 1997 said:
“The Clinton-Daschle proposal is a political construct, designed to provide political cover for lawmakers who want to appear to their constituents as if they have voted to restrict partial-birth abortions, while actually voting for a hollow measure that is not likely to prevent a single partial-birth abortion, and which therefore is inoffensive to the pro-abortion lobby.”
In other words, a better reading of the facts is not that Kagan is “in the middle” on abortion, but rather she was advising President Clinton of the pragmatic steps (endorsing a pseudo-ban on partial birth abortion) needed to defeat the actual pro-life measure. Kagan may very well be a “legal progressive” as was recently claimed from the White House defending the nominee from the political left suspicious of her liberal credentials. Continue reading
- US Catholic Bishops: Executive Order Deal A Non-Starter:
- In deal with Stupak, White House announces executive order on abortion (Washington Post):
Resolving an impasse with anti-abortion Democrats over the health-care reform legislation, President Obama announced Sunday that he will be issuing an executive order after the bill is passed “that will reaffirm its consistency with longstanding restrictions on the use of federal funds for abortion,” according to a statement from the White House.
“I’m pleased to announce we have an agreement,” Rep. Bart Stupak (D-Mich.) said at a news conference announcing the deal.
- “I think we’re witnessing Bart Stupak write the obit for the concept of the “pro-life Democrat” – Kathryn Jean Lopez (National Review).
We’ve consulted with legal experts on the specific idea of resolving the abortion funding problems in the Senate bill through executive order. We know Members have been looking into this in good faith, in the hope of limiting the damage done by abortion provisions in the bill. We believe, however, that it would not be fair to withhold what our conclusion was, as it may help members in assessing the options before them:
“One proposal to address the serious problem in the Senate health care bill on abortion funding, specifically the direct appropriating of new funds that bypass the Hyde amendment, is to have the President issue an executive order against using these funds for abortion. Unfortunately, this proposal does not begin to address the problem, which arises from decades of federal appellate rulings that apply the principles of Roe v. Wade to federal health legislation. According to these rulings, such health legislation creates a statutory requirement for abortion funding, unless Congress clearly forbids such funding. That is why the Hyde amendment was needed in 1976, to stop Medicaid from funding 300,000 abortions a year. The statutory mandate construed by the courts would override any executive order or regulation. This is the unanimous view of our legal advisors and of the experts we have consulted on abortion jurisprudence. Only a change in the law enacted by Congress, not an executive order, can begin to address this very serious problem in the legislation.”
U.S. Conference of Catholic Bishops
Further analysis of the text of the order: Continue reading
In my last post, I wrote about tensions, existing or potential, between the libertarian and social conservative elements in the tea party movement. Whereas before I was speaking of Christians in a broad and general sense, I will now turn to what I think the Catholic response to the tea party ought to be.
As I looked into this topic, I was dismayed by the utter predictability of responses from across the Catholic spectrum. The rad-trad response was irrational as always; the leftist response as arrogant and contemptuous as ever; and the mainstream response was unimaginative. Granted this is a very small sampling, but I wouldn’t be surprised if it was accurately representative of these currents.
28% of the tea party movement, according to the one poll we have so far, is Catholic. This means Catholics are slightly over-represented in the movement. As I also reported last time, 68% of tea partiers attend religious services regularly; for Catholics, that ought to mean they go to Mass every Sunday. Now one thing I think I can say that isn’t very controversial is that when it comes to fidelity to the Church’s teaching on non-negotiable issues, such as abortion, marriage, and parental education rights, Catholics that regularly attend Mass are doing a heck of a lot better than Catholics who don’t. So these Catholics that are faithful to Church teaching on important issues are also supporting the tea party; that to me is an indicator that there is little in the tea party that fundamentally contradicts Church teaching.