Thursday, December 02, 2021

Justice Thomas: "Where In Constitution Is Abortion Protected?"

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Supreme Court Justice Clarence Thomas questioned yesterday where in the Constitution abortion is protected as the US Supreme began listening to arguments over the Mississippi abortion law that challenges Roe v Wade.

Sen. Jeanne Shaheen, D-NH, joined the growing rank of members of Congress in issuing a warning to the Supreme Court: "Reaffirm Roe v Wade, or else."

"Else" includes a promise to pack the court to personal accountability for justices.

Shaheen and others are promising a "revolution" if the Court fails to reaffirm Roe v Wade.

A closer look at the fight for life.

Be informed, not misled.

The constitutionalist view.

Justice Thomas asked the lawyers representing the abortion industry and its activists, "Would you tell me, specifically state what the right is, is it specifically abortion? Is it liberty? Is it autonomy? Is it privacy?"

One of the lawyers responded with this: 

"The right is grounded in the liberty component of the 14th Amendment, Justice Thomas. But I think that it promotes interest in autonomy, bodily integrity, liberty and equality. And I do think it is specifically the right to abortion here, the right of a woman to be able to control, without the state forcing her to continue a pregnancy, whether to carry that baby to term."

Thomas responded, 

"I understand we're talking about abortion here. But what is confusing is that we, if we were talking about the Second Amendment, I know exactly what we're talking about. If we're talking about the Fourth Amendment, I know what we're talking about because it's written there. What specifically is the right here we're talking about?"

CNN is reporting that Justice Kavanaugh asked a "set of questions suggesting he is inclined to rule with Mississippi and even go as far as to reverse Roe."

Then, CNN says he asked a question relating to precedent, then ticking off a series of decisions---including on school segregation, voting rights, and business regulations where the court overturned precedent.

This exchange is a sample of how Justice Thomas and Justice Kavanaugh are approaching this ruling. 

However, the abortion activist side of the Court and their allies are approaching it very differently.

The progressive view.

Sen. Jeanne Shaheen, D-NH, joined the growing ranks of the far-Left activists who believe the Constitution is a "living document"---which means it says whatever you want it to say. It must be "adapted" to the current culture. Most of them believe the same about the Bible as well.

Shaheen and other radical pro-abortion members of Congress are issuing a warning to the Supreme Court "reaffirm Roe v Wade, or else."

The "or else" includes several actions that may be taken should the Court not obey them, including "packing the court"---adding enough progressives to the Court to overrule the originalists.

Threatening the Supreme Court has become something of a required public exhibition of faith for Democrats---a demonstration that does not consider fundamental ideas like judicial independence.

Sen. Richard Blumenthal, D-Conn., previously warned the Supreme Court, if it continued to issue conservative rulings or "chipped away at Roe v Wade," it would trigger "a seismic movement to reform the Supreme Court." He explained that "it may not be expanding the Court, it may be making changes to its jurisdiction, or requiring a certain number of votes to strike down certain past precedents."

You probably remember Sen Chuck Schumer's direct threats to Justices Brett Kavanaugh and Neil Gorsuch in front of the Supreme Court building. He declared, "I want to tell you, Gorsuch, I want to tell you, Kavanaugh, you have released the whirlwind, and you will pay the price."

The message was clear and unambiguous: vote "correctly" or you will face personal or institutional repercussions.

Leaders like Shaheen are suggesting that, if the court votes wrong, they have a license to unleash a "revolution."

But what if our Constitution doesn't provide a "right" to abortion?

The threats to the Court coming from the Left ignore the fact that even the late Justice Ruth Bader Ginsburg criticized Roe v Wade as "heavy-handed"---"going too far" even though she was pro-abortion.

She said, "Roe, I believe, would have been more acceptable as a judicial decision if it had not gone beyond a ruling on the extreme statute before the court...Heavy-handed judicial intervention was difficult to justify and appears to have provoked, not resolved conflict."

I don't personally believe most Americans are willing to embrace the new "revolution" over the Constitution.

The takeaway

Daniel Webster (1782-1852) is said to be the most articulate, skilled senator ever to serve in the US government. A statue in our Capitol Building affirms his place in history.

Webster told his colleagues this:

Hold on, my friends to the Constitution and to the Republic for which it stands. Miracles do not cluster, and what has happened once in 6,000 years may not happen again. Hold on to the Constitution, for if the American Constitution should fail, there will be anarchy throughout the world.

He continued:

If we abide by the principles taught in the Bible, our country will go on prospering and to prosper; but if we and our posterity neglect its instruction and authority, no man can tell how sudden catastrophe may overwhelm us and bury all our glory in profound obscurity.

Then, he said this:

Finally, let us not forget the religious character of our origin. Our fathers were brought hither by their high veneration for the Christian religion. They journeyed by its light, and labored in its hope. They sought to incorporate its principles with the elements of their society, and to diffuse its influence through all their institutions, civil, political or literary. 

The Constitution does not give a woman the "right" to kill her unwanted child.

The Left has cast aside any pretense of believing in the value of our Constitution, the value of the Judeo-Christian principles and values our Founders "diffused" into our culture and institutions, and the value of "abiding by the principles taught in the Bible."

We are flirting with Webster's "sudden catastrophe" and "profound obscurity."

At another time, Webster said, "God grants liberty only to those who love it, and are always ready to guard and defend it."

It's time to pray, guard and defend.

Be Informed. Be Discerning, Be Engaged. Be Prayerful. Be Bold.