Friday, February 24, 2006

Supreme Court agrees to hear partial birth abortion case.

I expected the U.S. Supreme Court to accept review of the controversial partial birth abortion cases after all three circuit courts declared the federal law passed by Congress to be unconstitutional. And given the history of the discussion and the overwhelming opposition to late term abortions, I fully expect the Court to declare the statute constitutional. The court will hear arguments in the fall.

So what does it mean for the long term?

Prior to 1973 laws concerning abortion were addressed at the state level through what was commonly referred to at the state's police powers. Until Roe v. Wade was decided, the states had the authority to pass legislation regulating, restricting, preventing or permitting abortion in their own jurisdiction.

The U.S. Supreme Court changed all that on January 22, 1973. And like the toothpaste squeezed out of the tube, and despite arguments to the contrary, the court cannot simply return the matter to the states and pretend it did not permanently affect the landscape of the subject matter forever.

In Roe, the court stated that
"We need not resolve the difficult question of when life begins. When those trained in the respective disciplines of medicine, philosophy, and theology are unable to arrive at any consensus, the judiciary, at this point in the development of man's knowledge, is not in a position to speculate as to the answer."

The court previously stated that
"The appellee and certain amici argue that the fetus is a "person" within the language and meaning of the Fourteenth Amendment. In support of this, they outline at length and in detail the well-known facts of fetal development. If this suggestion of personhood is established, the appellant's case, of course, collapses, for the fetus' right to life would then be guaranteed specifically by the Amendment. The appellant conceded as much on reargument."

The Supreme Court therefore finds within Roe v. Wade the very means to outlaw abortion and resolve this national question in a way that restores the dignity of the Constitution and prevents the further balkanization of this great nation.

By revisiting that very question and acknowledging the very biological and scientific evidence rejected by the Blackmun court, the current judges can rectify the error that has caused the deaths of 46 million lives. Just as the use of DNA evidence can establish the innocence of someone convicted of a capital crime and thus save them from the death penalty, the court must use current scientific information to preserve the lives of those who would be killed by abortion.

Every time I read Roe v. Wade I am appalled by the arrogance of that decision. I recall the political machinations of Douglas and Brennan and the dimwitted arguments by Blackmun. I believe they thought that everyone would simply bow before the court and worship at the altar of their decision. The court, in a total failure to understand the nature and will of the American people, set the stage for the battle for the soul of the American nation. Not since slavery has an issue so paralyzed the American political landscape. For 33 years the pro-life movement has refused to play along with the elites of both political parties and gone home. And while the Republicans have been afraid to win on this issue, the Democrats have seen their once multi-faceted party become a characature of itself as it is controlled by pro-abortion extremists who require any Democratic candidate to sell his or her soul to the goddess of abortion.

The Congress therefore should assist the Supreme Court in doing its duty. The Congress should hold hearings similar to those held in 1981 for the purpose of educating the American people on the humanity of the unborn child and the harm that abortion causes women. Congress should pass the Right to life Act, declaring the unborn child a person and outlawing abortion. The several states should follow South Dakota's courageous example and pass legislation prohibiting abortion.

And we in the pro-life community should redouble our efforts to offer real "choices" to women with unplanned pregnancies. We must put our money where our beliefs are. We must put educational information on the airwaves and get the message out to those who need our help. Churches must offer more that pius platitudes. They must become sanctuaries to protect all innocent human life.

Now is not the time for the feint of heart. Now is the time for leadership. Now is the time for life.


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