Posted on 12/15/2004 3:48:12 PM PST by Ed Current
NEW HAVEN, Conn. -- A majority of voters want to know in advance how a nominee to the U.S. Supreme Court would rule on abortion and half want President Bush to nominate justices who would uphold the decision making abortion legal, a poll released Wednesday found.
(Excerpt) Read more at newsday.com ...
"As noted before, the Supreme Court did not invent abortion. There might be plenty of abortion, perhaps authorized or permitted by state laws, even without Roe and Casey. Moreover, the Court is, arguably, not directly responsible for the wrong moral choices of individuals that the Court's decisions permit. Finally, the Court is not responsible - cannot be responsible, consistent with its constitutional role - for correcting all injustices, even grave ones. But the Court is responsible for the injustices that it inflicts on society that are not consistent with, but in fact betray, its constitutional responsibilities. To the extent that the Court has invalidated essentially all legal restriction of abortion, it has authorized private violence on a scale, and of a kind, that unavoidably evokes the memories of American slavery and of the Nazi Holocaust. And by cloaking that authorization in the forms of the law - in the name of the Supreme Law of the Land - the Court has taught the American people that such private violence is a right and, by clear implication, that it is alright. Go ahead. The Constitution is on your side. This is among your most cherished constitutional freedoms. Nobody ought to oppose you in your action. We have said so.
The decision in Casey, reaffirming Roe and itself reaffirmed and extended in Carhart, in my view exposes the Supreme Court, as currently constituted, as a lawless, rogue institution capable of the most monstrous of injustices in the name of law, with a smugness and arrogance worthy of the worst totalitarian dictatorships of all time. The Court, as it stands today, has, with its abortion decisions, forfeited its legal and moral legitimacy as an institution. It has forfeited its claimed authority to speak for the Constitution. It has forfeited its entitlement to have its decisions respected, and followed, by the other branches of government, by the states, and by the People. The enthusiasm of liberal intelligentsia for the Court's abortion decisions, the sycophancy of the law professorate, of the legal profession, and of our elected officials, and the docility of the American people with respect to our lawless, authoritarian Court rivals the pliancy of the most cowardly, servile peoples toward ruinous, brutal, anti-democratic regimes throughout world history. We suffer people to commit despicable acts of private violence and we welcome - some of us revere - a regime that destroys popular government for the sake of perverted, Orwellian notions of "liberty." After a twentieth century that saw some of the worst barbarisms and atrocities ever committed by humankind, at a time when humankind supposedly had progressed to more enlightened states, we still have not learned. The lesson of the Holocaust - "Never Forget" - is lost. We fail to recognize the amazing capacity of human beings to commit unthinkable, barbaric evil, and of others to tolerate it. We remember and are aghast at the atrocities of others, committed in the past, or in distant lands today. But we do not even recognize the similar atrocities that we ourselves commit, and tolerate, today."Michael Stokes Paulsen, The Worst Constitutional Decision of All Time, 78 Notre Dame L. Rev. 995, 1003-1007 (2003).
William J. Quirk, The Fourth Choice:Ending the Reign of Activist Judges
Article III, Section 2 - The Washington Times: Editorials/OP-ED In the 107th Congress (2001-2002), Congress used the authority of Article III, Section 2, clause 2 on 12 occasions to limit the jurisdiction of the federal courts.
H.R. 3313 passed 233 to 194, 22 July 04 (Roll no. 410). To amend title 28, United States Code, to limit Federal court jurisdiction over questions under the Defense of Marriage Act. Life-Protecting Judicial Limitation Act of 2003
The Irrepressible Myth Of Marbury
The Avalon Project : President Jackson's Veto Message Regarding ...
If the opinion of the Supreme Court covered the whole ground of this act, it ought not to control the coordinate authorities of this Government. The Congress, the Executive, and the Court must each for itself be guided by its own opinion of the Constitution. Each public officer who takes an oath to support the Constitution swears that he will support it as he understands it, and not as it is understood by others. It is as much the duty of the House of Representatives, of the Senate, and of the President to decide upon the constitutionality of any bill or resolution which may be presented to them for passage or approval as it is of the supreme judges when it may be brought before them for judicial decision. The opinion of the judges has no more authority over Congress than the opinion of Congress has over the judges, and on that point the President is independent of both. The authority of the Supreme Court must not, therefore, be permitted to control the Congress or the Executive when acting in their legislative capacities, but to have only such influence as the force of their reasoning may deserve.
Thomas Jefferson: Liberty and Power
While he was President, he asserted his position by his action (or inaction) rather than by theories, but after he had left office he made clear in letters and otherwise his position. For example, he wrote in a letter in 1820: "You [William C. Jarvis] seem ... to consider the judges as the ultimate arbiters of all constitutional questions, a very dangerous doctrine indeed and one which would place us under the despotism of an oligarchy . . . The constitution has erected no such single tribunal, knowing that, to whatever hands confided, with the corruptions of time and party its members would become despots." 9
95% have no idea what Roe v. Wade ruled, and don't understand that if Roe were overturned, it wouldn't make abortion illegal, but simply send the issue back to the states to decide, as intended by the Founders.
I looked into this a while back, and while I don't remember the details, it is a push poll. The question asked was something along the lines of "Do you want Roe overturned which protects abortion in the cases of rape and incest?"
Honest polling has been fairly consistent that by about a 70-30 margin Americans want R v W overturned.
Out of all the issues that seperate the MSM from Red America abortion is the biggest. They will never report the pro life position in a positive light.
Not only that, but decisions since Roe have basically prevented states from imposing significant restrictions on abortion at any stage of gestation, since any pregnancy could endanger a woman's mental health.
I suspect that even among those who wouldn't want to roll back Roe, many would probably want to roll back some of the post-Roe judicial legislation.
Good tag to the story - I encourage you to post it every time this comes up.
It's just as accurate as the current headline.
Isn't it strange that the 'Rats have picked this hill to die on? They will immediately tell you that the freedom of speech and the press and religion are subject to certain restrictions. They eagerly believe that you can ignore ANY part of the Constitution that is inconvenient (like that nasty clause in the 14th Amendment that guarantees that all people are equal.) Yet, when it comes to abortion, they want absolutely NO LIMITS whatsoever. They see no problem with a 34 year old man taking his 12 year old stepdaughter in for an abortion that he caused by rape.
Their poll is worthless. An overwheming majority believe that the right to an abortion is NOT absolute. Over 70% believe that a woman should NOT be able to use abortion as a method of birth control. Over 80% believe that partial birth abortion should be outlawed except when it would save the life of the mother.
'Rats have picked this hill to die on?
That says it all!!!!!!!!!!!!!!!!!!!!!!!!!!!
Why doesn't this headline read "Half Of All Voters Want Abortion Ruling Reversed"?
Just asking.
L
Yea, like you care about the women's mental health.
Half want the decision upheld. It could be said then that half want it overturned. This is a classic example of obvious bias. Either the cup is half empty or the cup is half full. A more honest statement would be that the nation is evenly divided on the issue. The next question, which would take a reporter to find the answer to, is how is this a change from before? Which direction is the trend? That would be news.
"My name is Gianna Jessen. I would like to say thank you for the opportunity to speak today. I count it no small thing to speak the truth. I depend solely on the grace of God to do this. I am 23 years old. I was aborted and I did not die. My biological mother was 7 months pregnant when she went to Planned Parenthood in southern California and they advised her to have a late-term saline abortion.
A saline abortion is a solution of salt saline that is injected into the mothers womb. The baby then gulps the solution, it burns the baby inside and out and then the mother is to deliver a dead baby within 24 hours.
This happened to me! I remained in the solution for approximately 18 hours and was delivered ALIVE on April 6, 1977 at 6:00 am in a California abortion clinic. There were young women in the room who had already been given their injections and were waiting to deliver dead babies. When they saw me they experienced the horror of murder. A nurse called an ambulance, while the abortionist was not yet on duty, and had me transferred to the hospital. I weighed a mere two pounds. I was saved by the sheer power of Jesus Christ.
Ladies and gentleman I should be blind, burned.....I should be dead! And yet, I live! Due to a lack of oxygen supply during the abortion I live with cerebral palsy. [...] Adolph Hitler once said: '"The receptive ability of the great masses is only very limited, their understanding is small; on the other hand their forgetfulness is great. This being so, all effective propaganda should be limited to a very few points which in turn, should be used as slogans until the very last man is able to imagine what is meant by such words.'" Today's slogans are: "'a woman's right to choose"' and "freedom of choice," etcetera. Jessen testimony.wpd
Oh, please.
Roe was awful in terms of judicial logic. I don't know how many people consider that in answering such a question.
By monitoring changes in fetal heart rate, psychologist Jean-Pierre Lecanuet, Ph.D., and his colleagues in Paris have found that fetuses can even tell strangers' voices apart. They also seem to like certain stories more than others. The fetal heartbeat will slow down when a familiar French fairy tale such as "La Poulette" ("The Chick") or "Le Petit Crapaud" ("The Little Toad"), is read near the mother's belly. When the same reader delivers another unfamiliar story, the fetal heartbeat stays steady. Fearfully and Wonderfully Made
State Unborn Victim Laws a summary of the laws of the 30 states that recognize the unlawful killing of an unborn child as homicide in at least some circumstances. The federal Unborn Victims of Violence Act, enacted April 1, 2004, covers unborn victims of federal and military crimes.
stemcellresearch.org - Founding Statement
CBHD: On Human Embryos and Stem Cell Research
It may strike some as surprising that legal protection of embryonic human beings can co-exist with the U.S. Supreme Court's 1973 legalization of abortion.29 However, the Supreme Court has never prevented the government from protecting prenatal life outside the abortion context,30 and public sentiment also seems even more opposed to government funding of embryo experimentation than to the funding of abortion.31 The laws of a number of states-including Louisiana, Maine, Massachusetts, Michigan, Minnesota, Pennsylvania, Rhode Island, and Utah-specifically protect embryonic human beings outside the womb. Most of these provisions prohibit experiments on embryos outside the womb.32
Wow!!!!
God Bless Gianna.
Very good post. Thanks ping.
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