By Dan Murphy
The recent nomination by President Donald Trump of Bret Cavanagh to become the next U.S. Supreme Court justice has sparked an outcry of concern among pro-choice groups, women’s groups and progressive groups across the country, who fear that Cavanaugh could be the fifth vote to overturn Roe vs. Wade, the landmark Supreme Court case that legalized abortion throughout the United States.
While several steps have to happen before Roe could be overturned, let’s play out that scenario, which could take more than three years. Kavanaugh is confirmed as a USSC judge, and the new court takes up an abortion case. They rule 5-4 to overturn Roe and the decision on whether abortion is legal returns to the states.
Here in New York State, there is no way abortion would ever be overturned, based on the control that Democrats have in the Assembly and the governor’s office. The future of the State Senate is up in the balance (see other story), but even if Republicans were able to hold onto control of that body, Democrats and pro-choice voters in New York have control of two of the three political chambers, which means abortion will never be illegal.
The question that I ponder to Senate Republicans is: Why fight the issue with your Democratic colleagues? Many State Senate Republicans claim to be pro-choice, but refuse to vote for the Democratic efforts to pass women’s reproductive health laws, aimed at strengthening a women’s right to choose to have an abortion. If abortion will always be legal in New York, why would Republicans stand the chance at losing their majority over an issue they don’t even have a passion on one way or the other?
The following letter is from a passionate pro-life voter in Westchester. Her view remains in New York, but only as a small and shrinking minority view. We print her letter because she submitted it for publication and because it afforded us the opportunity to discuss the disingenuous nature by both parties of using the issue of abortion, an issue that – in our view – will never change nor become illegal in New York, regardless of what the U.S. Supreme Court does in the future.
Propaganda Leads to Bad Policy {subhead}
Why are the Demomarxist taxocrats hysterically progandizing about abortion? Why the obsessed mania for abortion up to the moment of birth – which is, in essence, human sacrifice. Kids are taught about birth control as early as grade school. Condoms and other methods of birth control are handed out in public schools. The pill has been available for 50 years. Grocery and drug stores have at least a dozen birth control choices. Since there are so many ways to keep from ever needing an abortion – not the least of which (and most effective, works every time it is used), abstinence – can be used, what other than propaganda has fueled this obsession?
Bad policy is made when self-serving politicians stir up hysteria rather than examining all aspects of an issue and educating themselves and others. First of all, Roe v. Wade is not law. Judges have no right to make laws; their job is to apply the law to particular cases. The Supreme Court has the particular job of adjudicating cases arising between states or between a state or states and the federal government.
Secondly, precedent is neither law nor binding – and everyone should be glad it is not, or every state would have been forced to allow slavery under Democrat Justice Dred Scott’s ruling.
For those hysterically speaking of coat hangers, that will not happen. It rarely happened even when abortion was temporarily somewhat illegal. Abortion did not start becoming illegal until 1880 – and that was not in all states. Restrictions generally involved a.) protections for women’s lives – the poisons that were used to abort could kill them; and b.) procedures after “quickening” (generally the fourth or fifth month.)
Nine super conservatives on the Supreme Court could not outlaw abortion. At best/worst, the decision would rightly go back to the states where it had always been. New York, California, Oregon, Illinois, New Jersey and Washington, D.C., at the least would continue to have on-demand at any time laws. Virtually all states would allow first trimester abortions.
Note that cases don’t magically pop into the Supreme Court. A case must go through state courts and appeals courts, and sometimes federal district courts and/or federal courts of appeals. Then, a minimum of four Supreme Court justices have to decide that it is enough of a wide-ranging question to take the case or that there was something wrong with the lower court’s decision. For example, the frequently overturned Ninth Circuit.
Demand and be thankful for conservative judges, because conservative judges know that they must go by the Constitution and what it allows and disallows and the content of the law. What makes them conservative is that they contain themselves from intruding their personal opinions or beliefs and conserve the rule of law, the Constitution.
Conservative judges understand that a handful of men and women don’t get to supercede the American peoples’ law, our Constitution, nor our legislative and executive processes and impose their own preferences. Conservative judges know that we the people make our laws, not a tyrannical politburo of judges.
Wake up and start learning. One of the easiest books on this is “Men in Black” by Mark Levin. Another is “The Tempting of America” by Robert J. Bork – a brilliant judge who was so abused by the left and ignorant that “borked” has become a verb for that treatment. He wrote that judges, neither right nor left, do not have the right to twist the law to support their policy preferences, which is tyranny, usurping the rights and power of the people. The Federalist Papers states the specific purpose that the federal judiciary be the weakest branch of the government, but it is probably far too difficult for most leftists – even if they have law degrees.
Why the hysteria for abortion? Do women lack the ability or sense to say no to sex? Are women too stupid or irresponsible to use one of the many methods of birth control? Are they incapable of preventing pregnancy until they are married and ready to raise a child? Are they incapable of taking responsibility for their actions? Why insane lie that all abortions will be outlawed, which is virtually impossible – at least until the Islamists take over, at which time “The Handmaid’s Tale” will come to the United States.
What has happened to women that they are so easily driven by manipulating politicians, and so illogical? We have more women than men in college for the past decade or more and almost incessant sex education. There are no recorded instances of women needing a third trimester abortion, the killing of the fetus, to save the woman’s life. If an emergency arises the third trimester, doctors induce labor to save the baby. Think rationally, women, and stop being manipulated by politicians. And media people, do your job and do the research.
Judith A.
Yonkers
