Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Judge finds NC ‘Choose Life’ plates unconstitutional
FOX8 WGHP ^ | 12/10/12 | Joe Borlik

Posted on 12/10/2012 8:40:42 AM PST by Clint N. Suhks

Edited on 12/10/2012 8:46:47 AM PST by Admin Moderator. [history]

RALEIGH, N.C. – A federal judge has ruled it is unconstitutional for North Carolina to issue pro-life license plates unless the state offers similar plates supporting abortion rights.

U.S. District Court Judge James C. Fox ruled on Friday that North Carolina cannot produce or distribute the “Choose Life” plate.


(Excerpt) Read more at myfox8.com ...


TOPICS: Culture/Society; US: North Carolina
KEYWORDS: abortion; chooselife; moralabsolutes; prolife; ruling
Navigation: use the links below to view more comments.
first 1-5051-69 next last

1 posted on 12/10/2012 8:40:46 AM PST by Clint N. Suhks
[ Post Reply | Private Reply | View Replies]

To: Clint N. Suhks

Fine, let ‘em print up plates saying “Choose Death” for the abortionists, problem solved!


2 posted on 12/10/2012 8:42:56 AM PST by bigbob
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clint N. Suhks
“The State’s offering of a Choose Life license plate in the absence of a pro-choice plate constitutes viewpoint discrimination in violation of the First Amendment.”

No problem.

Create a plate that says "Choose Death".

3 posted on 12/10/2012 8:43:28 AM PST by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clint N. Suhks

Simple solution, create a license with the words “choose death” for those that support abortion.


4 posted on 12/10/2012 8:44:36 AM PST by CIB-173RDABN (California does not have a money problem, it has a spending problem.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clint N. Suhks
"viewpoint discrimination...."

Viewpoint discrimination? WTF? I have heard it all now!

5 posted on 12/10/2012 8:44:39 AM PST by mosaicwolf (Strength and Honor)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clint N. Suhks

Personally, I don’t like the message license plates at all. A plate is supposed to identify the registration info of a vehicle. That’s it.


6 posted on 12/10/2012 8:44:56 AM PST by fwdude ( You cannot compromise with that which you must defeat.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clint N. Suhks
No problem.

"Choose Death" is a fine slogan. Truth in advertising, as well.

7 posted on 12/10/2012 8:45:05 AM PST by E. Pluribus Unum ("The more numerous the laws, the more corrupt the state." - Cornelius Tacitus, Roman Senator)
[ Post Reply | Private Reply | To 1 | View Replies]

To: fwdude

I agree, they smack of “Idiocracy.”


8 posted on 12/10/2012 8:46:15 AM PST by dfwgator
[ Post Reply | Private Reply | To 6 | View Replies]

To: Clint N. Suhks

So get a “Choose Life” bumper sticker. The ACLU is evil. Funny how they are all about free speech except when it comes to what they don’t agree with.


9 posted on 12/10/2012 8:48:05 AM PST by ilovesarah2012
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clint N. Suhks
Fair enough! Where do our government worshipers and government high priests sign up for a North Carolina "Kill Babies" tag?

Any takers brave enough to stand by their liberal dogma and drive around with that tag when they go about their enlightened lives?

10 posted on 12/10/2012 8:48:08 AM PST by blackdog (There is no such thing as healing, only a balance between destructive and constructive forces.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clint N. Suhks
“The State’s offering of a Choose Life license plate in the absence of a pro-choice plate constitutes viewpoint discrimination

Non sequitur.

By default, choosing life is a choice, therefore the plates already represent a Pro Choice viewpoint.

To oppose the Choose Life viewpoint, it would be necessary to print the Choose Death license plates. As others have already pointed out.

11 posted on 12/10/2012 8:50:06 AM PST by Bloody Sam Roberts (Political correctness does not legislate tolerance; it only organizes hatred.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: mosaicwolf

Yeah clearly legislating from the bench. My old Illinois “Land Of Lincoln” plate was viewpoint discrimination and should now be Land Of 0bama....


12 posted on 12/10/2012 8:51:03 AM PST by Clint N. Suhks
[ Post Reply | Private Reply | To 5 | View Replies]

To: Clint N. Suhks

So if that is the case, should’nt there be “Brady Bill” Plates in opposition to NRA plates. Or Code Pink in opposition to “Support our Troops.” I would say the sate should but out a pro-choice plate so those in favor of baby killing can be identified.


13 posted on 12/10/2012 8:51:17 AM PST by Angry_White_Man_Syndrome
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clint N. Suhks

Wonder how Judge Fox would react if a prospective juror told him he could not in good conscience serve in a Federal court. It was the Federal courts after all that legalized abortion on demand and made possible the carnage of forty million intentionally killed human lives. The thought of the Federal court’s atrocity would overwhelm the potential jurors ability to serve conscientiously. Also wonder what the good Judge Fox would sat to a future inductee who would refuse as a matter of conscience to take an oath to “uphold and defend” a constitution that has been interpreted to allow this slaughter and has not been amended to guarantee life. Just wondering.


14 posted on 12/10/2012 8:52:06 AM PST by allendale
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clint N. Suhks

btw...

“Choose Death” is not the opposite of “Choose Life”.

Instead “Death Without Choice” is the opposite of “Choose Life”

(Might not fit on a license plate though.)

(...and when was it an obligation of law for the state to create and fund both sides of every binary policy choice? and who says that every opinion or viewpoint comes with merely two, binary, options?)


15 posted on 12/10/2012 8:52:52 AM PST by mbarker12474 (If thine enemy offend thee, give his childe a drum.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clint N. Suhks
Would a "mince babies" be a good alternative?

I've never really understood the state sponsored advocacy plates. I could buy a advocacy license plate frame for less than the single year extra cost for the plate (assuming other states are like Ohio) and if I felt like it send that difference to someone actually doing something rather than the state (which nabs $10 of the annual fee for itself before passing the remainder on).

For example, the Ohio Choose Life plate costs $30 per year more than a regular plate. According to the site, "$20.00 of the total plate cost will go towards funding eligible private, nonprofit organizations that provide services committed to counseling pregnant women about the option of adoption."

16 posted on 12/10/2012 8:57:00 AM PST by KarlInOhio (Big Bird is a brood parasite: laid in our nest 43 years ago and we are still feeding him.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clint N. Suhks

Nominated by Jesse Helms and confirmed by Ronald Reagan. And had a military career earlier.

I guess they’re ALL nuts these days.


17 posted on 12/10/2012 8:58:57 AM PST by Cicero (Marcus Tullius)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clint N. Suhks

There’s no such thing as “viewpoint discrimination”. This is nonsense. IF the state had a plate that said “Don’t Steal” would they have to also have one respecting somebody’s opinion that “stealilng is a right”? This is crazy to think that a state has a duty to accomodate every single possible “viewpoint”, and impossible effectuate if carried to its logical extreme.


18 posted on 12/10/2012 9:01:07 AM PST by circlecity
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clint N. Suhks
"When liberals discriminate, it’s called “freedom of choice”. When conservatives do it, it’s “discrimination”.
19 posted on 12/10/2012 9:01:12 AM PST by SkyDancer (Live your life in such a way that the Westboro church will want to picket your funeral.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clint N. Suhks

I don’t understand the basis for his ruling. If you don’t have an opposing viewpoint then your viewpoint is deemed unconstitutional?


20 posted on 12/10/2012 9:02:36 AM PST by jaydubya2
[ Post Reply | Private Reply | To 1 | View Replies]

To: bigbob

How about.....Kill a Baby today!!


21 posted on 12/10/2012 9:02:43 AM PST by Sacajaweau
[ Post Reply | Private Reply | To 2 | View Replies]

To: Clint N. Suhks

How about “Don’t Choose Death”?


22 posted on 12/10/2012 9:04:02 AM PST by muir_redwoods (Don't fire until you see the blue of their helmets)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ilovesarah2012

And you are paying them for their services. ACLU is primarily tax funded in that if and when they, or others, bring a lawsuit regarding individula rights and they win, the Feds pays for all billed costs. Thatis why they ACLU is always on the hunt for winnable cases that will be brought before their friend is the federal courts.


23 posted on 12/10/2012 9:06:22 AM PST by dirtymac (Now is the for all good men to come to the aid of their country.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: jaydubya2

I find nothing unconstitutionla about it. It’s a free speech issue. Because it’s a government issued plate?? So what....it’s person specific and bought and paid for.


24 posted on 12/10/2012 9:06:54 AM PST by Sacajaweau
[ Post Reply | Private Reply | To 20 | View Replies]

To: Clint N. Suhks

Use bumper stickers....lots of them....The state and the courts can go to hell.


25 posted on 12/10/2012 9:09:38 AM PST by Sacajaweau
[ Post Reply | Private Reply | To 1 | View Replies]

To: Sacajaweau

“Save the Manatees”, “Protect Wildlife”, “Kill the Babies”.
What a country!


26 posted on 12/10/2012 9:10:56 AM PST by cumbo78
[ Post Reply | Private Reply | To 24 | View Replies]

To: Clint N. Suhks
Judge Fox concluded, “The State’s offering of a Choose Life license plate in the absence of a pro-choice plate constitutes viewpoint discrimination in violation of the First Amendment.”

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Does this so-called judge not realize that "LIFE" is the very reason why there is a first amendment? The amendments were laid down to support the Bill of Rights, most notably the need to protect LIFE. Yes, and that is also why the second amendment was established.

Maybe the judge did not notice that the amendment he cited says: "Congress shall make no law...prohibiting the free exercise thereof."

27 posted on 12/10/2012 9:11:39 AM PST by Slyfox (The key to Marxism is medicine - V. Lenin)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Sacajaweau

State’s rights too.


28 posted on 12/10/2012 9:12:04 AM PST by Clint N. Suhks
[ Post Reply | Private Reply | To 24 | View Replies]

To: Clint N. Suhks

Sometimes it seems like it’s really a toss up whether these judges are politically biased or just stupid. Beck does these low brow shows where he calls quick stop markets to ask them simple questions and mock the poor clerks’ ignorance. Maybe he should be calling Federal judges.


29 posted on 12/10/2012 9:13:24 AM PST by throwback (The object of opening the mind, is as of opening the mouth, is to shut it again on something solid.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ilovesarah2012

ACLU is evil. Now there is a license plate message.


30 posted on 12/10/2012 9:16:52 AM PST by annieokie
[ Post Reply | Private Reply | To 9 | View Replies]

To: Slyfox

We the people understand instinctively that society has a compelling interest in protecting life. One only has to look at an elderly person and then look at an infant, and the connection becomes painfully obvious. Without infants, there can be no elderly.


31 posted on 12/10/2012 9:20:23 AM PST by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
[ Post Reply | Private Reply | To 27 | View Replies]

To: Clint N. Suhks

RESPECT LIFE
KILL BABIES NOW

SAVE THE MANATEES
SLAUGHTER THE MANATEES

PROTECT THE ENVIRONMENT
DESTROY PUBLIC LANDS


32 posted on 12/10/2012 9:25:25 AM PST by lesko
[ Post Reply | Private Reply | To 1 | View Replies]

To: fwdude

Personally, I don’t like the message license plates at all. A plate is supposed to identify the registration info of a vehicle. That’s it.

That would be true if a vehicle was primarily an object to haul people and things.


33 posted on 12/10/2012 9:30:41 AM PST by freedomfiter2 (Brutal acts of commission and yawning acts of omission both strengthen the hand of the devil.)
[ Post Reply | Private Reply | To 6 | View Replies]

To: annieokie

I like it!


34 posted on 12/10/2012 9:31:18 AM PST by ilovesarah2012
[ Post Reply | Private Reply | To 30 | View Replies]

To: Clint N. Suhks
NC Special Plate guidelines:

... It takes 300 members to apply and pay the extra $10 to $30 fee.


35 posted on 12/10/2012 9:41:17 AM PST by WVKayaker ("Hang in there, America. Fight for what is right." - Sarah Palin 11/7/12)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Cicero

Guy’s probably feeling guilty for all the abortions he paid for.


36 posted on 12/10/2012 9:42:29 AM PST by muawiyah
[ Post Reply | Private Reply | To 17 | View Replies]

To: lesko

yes we have wildlife advocacy plates in this State. So to be fair we also must have a Destroy Wildlife plate as well according to this Loony logic.


37 posted on 12/10/2012 9:43:21 AM PST by Gasshog
[ Post Reply | Private Reply | To 32 | View Replies]

To: Slyfox
Maybe the judge did not notice that the amendment he cited says: "Congress shall make no law...prohibiting the free exercise thereof."

The judge read the "Congress" part to fluff it off as not applying whatsoever to the Judiciary. Of course, making "law" from the bench is fine.

38 posted on 12/10/2012 9:51:12 AM PST by C210N (In favor of private rights and public happiness)
[ Post Reply | Private Reply | To 27 | View Replies]

To: Clint N. Suhks

The plate doesnt say “Ban Abortion” it says “Choose Life” which means people get to choose.


39 posted on 12/10/2012 9:57:45 AM PST by Brooklyn Attitude (Obama being re-elected is the political equivalent of OJ being found not guilty.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clint N. Suhks
WTF, How is this even a Federal issue? Talk about an activist judge.
40 posted on 12/10/2012 10:01:58 AM PST by WHBates
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clint N. Suhks

Do they now have to get rid of all the sports-team plates, because they “discriminate” by not offering a plate for every professional and college team in the nation? Or anti-specific-team plates?

For instance, you can get a Duke University plate, but you can’t get a “I hate Duke!” plate. You have to choose a single other team to affirm, and that hardly conveys your anti-Duke message.


41 posted on 12/10/2012 10:03:19 AM PST by Tax-chick (More than you ever wanted to know, right?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: WVKayaker

“NC Special Plate guidelines:

... It takes 300 members to apply and pay the extra $10 to $30 fee.”

I seriously doubt the left could get 300 people to apply for a “choose death” license plate.


42 posted on 12/10/2012 10:04:03 AM PST by Rebelbase
[ Post Reply | Private Reply | To 35 | View Replies]

To: mosaicwolf
"viewpoint discrimination...."

This perverted judge is guilty of "viewpoint discrimination."
43 posted on 12/10/2012 10:05:40 AM PST by Vision (Obama is king of the "Takers." Don't be a "Taker.")
[ Post Reply | Private Reply | To 5 | View Replies]

To: Rebelbase

As of December 2010, Choose Life license plates are available in 27 states:

Alabama
Alaska[10]
Arizona
Arkansas
Connecticut
Delaware
Florida
Georgia
Hawaii
Indiana
Kentucky
Louisiana
Maryland
Massachusetts[11][12]
Mississippi
Missouri
Montana
New Jersey[13]
North Dakota
Ohio
Oklahoma
Pennsylvania
South Carolina
South Dakota
Tennessee
Texas [14]
Virginia

States where Choose Life is working for approval

According to Choose Life, Inc., they are working in 15 states to get the sale of the plates approved:

California
Illinois
Iowa
Kansas
Maine
Michigan
Minnesota
Nevada
New Mexico
North Carolina
Rhode Island
Utah
Washington
West Virginia
Wisconsin


44 posted on 12/10/2012 10:07:37 AM PST by WVKayaker ("Hang in there, America. Fight for what is right." - Sarah Palin 11/7/12)
[ Post Reply | Private Reply | To 42 | View Replies]

To: Clint N. Suhks

45 posted on 12/10/2012 10:08:43 AM PST by WVKayaker ("Hang in there, America. Fight for what is right." - Sarah Palin 11/7/12)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clint N. Suhks; All
The so-called constitutional right to an abortion is a myth. in other words, the states have never amended the Constituton to expressly protect abortion rights. The activist justices who decided Roe v. Wade were wrong to put on their "magic glasses" and find abortion rights in the 9th Amendment and apply it to the states via 14A.

In fact, note that john Bingham, the main author of Sec. 1 of 14A, had officially clarified that 14A applies only constitutionally enumerated personal rights to the states.

"Mr. Speaker, this House may safely follow the example of the makers of the Constitution and the builders of the Republic, by passing laws for enforcing all the privileges and immunities of the United States as guaranteed by the amended Constitution and expressly enumerated in the Constitution." --John Bingham, Congressional Globe, 1871. (See bottom half of third column.)
So Roe v. Wade is arguably an example of the Supreme Court ignoring the unique, Article V power of the states to ratify proposed amendments to the Constitution just like Congress and the Oval Office regularly ignore the will of the Article V majority.
46 posted on 12/10/2012 10:12:09 AM PST by Amendment10
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clint N. Suhks

So if you have a plate that condemns bullying, do you have to create a plate that commends bullying?


47 posted on 12/10/2012 10:17:59 AM PST by AppyPappy (If you really want to annoy someone, point out something obvious that they are trying hard to ignore)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clint N. Suhks

Dear judge,

“viewpoint discrimination” is NOT protected in the Constitution.

“LIFE”, however, IS protected in the Constitution!

So, which “Viewpoint” did you believe you were authorized to protect?

Just another great opportunity to overturn this stupidity in a higher court.


48 posted on 12/10/2012 10:19:28 AM PST by G Larry (Which of Obama's policies do you think I'd support if he were white?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: cumbo78

I feel so sorry for the kids today. My grandchildren have to put up with the government “indoctrination”. Disgusting !


49 posted on 12/10/2012 10:19:39 AM PST by Sacajaweau
[ Post Reply | Private Reply | To 26 | View Replies]

To: mosaicwolf; All
Viewpoint discrimination? WTF? I have heard it all now!

It's called legislating from the bench. And corrupt judges get away with it because citizens are not being taught the difference between legislative and judicial powers.

50 posted on 12/10/2012 10:23:56 AM PST by Amendment10
[ Post Reply | Private Reply | To 5 | View Replies]


Navigation: use the links below to view more comments.
first 1-5051-69 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson