abortion

SCOTUS: Roe v. Wade

By Mike Kapic / September 30, 2021 / Comments Off on SCOTUS: Roe v. Wade

Federal Judge Lambastes Roe v. Wade as ‘Wrong’ and Urges Supreme Court to Overturn It By Christian Headlines – September 15, 2021 A federal appeals court judge voted with his colleagues Friday in overturning a Tennessee heartbeat abortion ban, but in the process also lambasted the U.S. Supreme Court for legalizing abortion “without a shred…

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States Should Decide

By Mike Kapic / June 29, 2021 / Comments Off on States Should Decide

States — not jurists — should decide on abortion restrictions By Hugh Hewitt – June 7, 2021 Sometime next year, the Supreme Court will decide whether to continue to find the right to abortion in the Constitution or give up on its deeply misguided, half-century-long effort. The court will have before it not just the case…

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Human Sacrifice

By Mike Kapic / May 18, 2021 / Comments Off on Human Sacrifice

Human Sacrifice Is Big Business Today    by Harry Mathews on April 20, 2021 [For links to the stories below, go to EAN 4-20-21] There is so much information coming out these days about the depravity of our culture that it is like drinking out of a fire hose. Only, it’s not a fire hose, it’s a flame…

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Biden Rejects Rule of Law

By Mike Kapic / April 5, 2021 / Comments Off on Biden Rejects Rule of Law

In Abortion Case, The Supreme Court Can Stop Biden From Pushing Extreme Rules In Secret Deals The Biden administration has abandoned the legally mandated rulemaking process to establish its preferred policies through closed-door settlements with political allies. By Margot Cleveland – MARCH 19, 2021 Elections have consequences. Abandoning the rule of law should not be one of…

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The Court’s Inconsistency

By Mike Kapic / December 31, 2019 / Comments Off on The Court’s Inconsistency

Scotus, Abortion, and the Common Defense by Rodney Dodsworth | December 16, 2019 In 1918, Scotus settled the issue of WWI conscription v. the 13th Amendment’s ban on involuntary servitude. Borrowing from Vattel, the court majority wrote in the Selective Draft Law Cases: The highest duty of the citizen is to bear arms at the…

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SCOTUS: Roe v. Wade

Federal Judge Lambastes Roe v. Wade as ‘Wrong’ and Urges Supreme Court to Overturn It

By Christian Headlines – September 15, 2021

A federal appeals court judge voted with his colleagues Friday in overturning a Tennessee heartbeat abortion ban, but in the process also lambasted the U.S. Supreme Court for legalizing abortion “without a shred of support from the Constitution’s text.”

U.S. Sixth Circuit Court of Appeals Judge Amul Thapar voted with two other judges in a 3-0 decision overturning a section of a Tennessee law that would prohibit abortion when a heartbeat is detected. Thapar dissented from a 2-1 majority opinion that reversed a section of the law that prohibits abortion based on a baby’s race, sex or Down syndrome status.

Thapar, though, made clear he disagreed with the Supreme Court’s two historic abortion decisions: Roe v. Wade and Planned Parenthood v. Casey. He also urged the Supreme Court to overturn Roe.

Thapar said he was bound by Supreme Court precedent.

“Only the Supreme Court can tow our jurisprudence back to the safe harbor of democratic legitimacy,” he wrote. “… The Constitution leaves decisions like this to the states. The state legislatures can do what we can’t: listen to the community, create fact-specific rules with appropriate exceptions, gather more evidence, and update their laws if things don’t work properly. And if the public is unhappy, it can fight back at the ballot box. The courts should return this choice to the American people – where it belongs.”

He was nominated to the court by President Trump after being placed on the district court by President George W. Bush.

“Roe and Casey are wrong as a matter of constitutional text, structure, and history,” Thapar wrote. “As Justice [Clarence] Thomas recently reminded us, these cases ‘created the right to abortion out of whole cloth, without a shred of support from the Constitution’s text.’

“… By manufacturing a right to abortion, Roe and Casey have denied the American people a voice on an important political issue,” Thapar wrote.

Thapar then quoted a 1992 opinion by former Justice Antonin Scalia, “‘The permissibility of abortion, and the limitations upon it, are to be resolved like most important questions in our democracy: by citizens trying to persuade one another and then voting.’”

Roe and Casey, Thapar wrote, “are wrong.”

“The Roe/Casey framework doesn’t just conflict with the original understanding of the Constitution – it cannot be justified under any modern approach to constitutional interpretation,” he wrote.

Further, Thapar noted that the United States has some of the least restrictive abortion laws in the entire world.

“In recent years, dozens of legislatures elected by tens of millions of voters have passed hundreds of laws to protect life. And public polling shows that most Americans support significant limitations on abortion. That shouldn’t surprise us,” he wrote. “… [But] only seven countries join us in permitting abortions after twenty weeks. And this list includes China and North Korea. That alone should give us pause.”

American Faith

Mike Kapic