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What Truth-Telling Liberals Say About Roe v. Wade

The fact that “progressives” in their opposition to constitutional textualists/originalists—whom leftists know approach the U.S. Constitution with more rigorous fidelity than do “progressive” Justices—focus almost exclusively on the possibility that Roe v. Wade may be overturned would seem a tacit admission that there exists no constitutional right of women to have their intrauterine offspring slaughtered. The infamous Roe v. Wade is on the chopping block, and leftists are more distraught over the possible decapitation of Roe than they are over the actual decapitations of tiny humans.

In their frenzied fear that human slaughter may be one day be illegal, leftists fume irrationally that the overturn of Roe threatens the constitutional right of stronger, more developed, and powerful humans (i.e., oppressors) to order the killings of weaker, imperfect, unwanted humans (i.e., the oppressed). Well, here’s some food for thought about Roe v. Wade from “progressives” who support the legal right of women to choose to have more vulnerable humans killed—quotes that shrieking feminists may find wholly unpalatable:

  • “One of the most curious things about Roe is that, behind its own verbal smokescreen, the substantive judgment on which it rests is nowhere to be found.” (Laurence Tribe, Harvard Law School professor).
  • “As a matter of constitutional interpretation and judicial method, Roe borders on the indefensible. I say this as someone utterly committed to the right to choose” (Edward Lazarus, former clerk to SCOTUS Justice Harry Blackmun).
  • What, exactly, is the problem with Roe? The problem, I believe, is that it has little connection to the Constitutional right it purportedly interpreted. A constitutional right to privacy broad enough to include abortion has no meaningful foundation in constitutional text, history, or precedent—at least, it does not if those sources are fairly described and reasonably faithfully followed” (Edward Lazarus).
  • “[A]s a matter of constitutional interpretation, even most liberal jurisprudes — if you administer truth serum—will tell you it is basically indefensible” (Edward Lazarus).
  • “Blackmun’s [Supreme Court] papers vindicate every indictment of Roe: invention, overreach, arbitrariness, textual indifference” (William SaletanSlate magazine writer).
  • Roe “is not constitutional law and gives almost no sense of an obligation to try to be…. What is frightening about Roe is that this super-protected right is not inferable from the language of the Constitution, the framers’ thinking respecting the specific problem in issue, any general value derivable from the provisions they included, or the nation’s governmental structure. Nor is it explainable in terms of the unusual political impotence of the group judicially protected vis-à-vis the interest that legislatively prevailed over it.… At times the inferences the Court has drawn from the values the Constitution marks for special protection have been controversial, even shaky, but never before has its sense of an obligation to draw one been so obviously lacking” (John Hart Ely, clerk for Supreme Court Chief Justice Earl Warren).
  • Roe “is a lousy opinion that disenfranchised millions of conservatives on an issue about which they care deeply.” (Benjamin Wittes, Senior Fellow, Brookings Institution).
  • “[T]he very basis of the Roe v. Wade decision—the one that grounds abortion rights in the Constitution—strikes many people now as faintly ridiculous. Whatever abortion may be, it cannot simply be a matter of privacy…. As a layman, it’s hard for me to raise profound constitutional objections to the decision. But it is not hard to say it confounds our common-sense understanding of what privacy is. If a Supreme Court ruling is going to affect so many people then it ought to rest on perfectly clear logic and up-to-date science. Roe, with its reliance on trimesters and viability, has a musty feel to it, and its argument about privacy raises more questions than it answers…. “[Roe] is a Supreme Court decision whose reasoning has not held up. It seems more fiat than argument…. Still, a bad decision is a bad decision. If the best we can say for it is that the end justifies the means, then we have not only lost the argument—but a bit of our soul as well” (Richard CohenWashington Post columnist).
  • “Judges have no special competence, qualifications, or mandate to decide between equally compelling moral claims (as in the abortion controversy) …. [C]lear governing constitutional principles… are not present” (Alan Dershowitz, former Harvard Law School professor).
  • “In short, 30 years later, it seems increasingly clear that this pro-choice magazine was correct in 1973 when it criticized Roe on constitutional grounds. Its overturning would be the best thing that could happen to the federal judiciary, the pro-choice movement, and the moderate majority of the American people…. Thirty years after Roe, the finest constitutional minds in the country still have not been able to produce a constitutional justification for striking down restrictions on early-term abortions that is substantially more convincing than Justice Harry Blackmun’s famously artless opinion itself. As a result, the pro-choice majority asks nominees to swear allegiance to the decision without being able to identify an intelligible principle to support it” (Jeffrey Rosen, George Washington University Law School professor, former clerk to Judge Abner Mikva).
  • “Liberal judicial activism peaked with Roe v. Wade, the 1973 abortion decision…. Although I am pro-choice, I was taught in law school, and still believe, that Roe v. Wade is a muddle of bad reasoning and an authentic example of judicial overreaching” (Michael Kinsley, attorney, political journalist).
  • “[I]t is time to admit in public that, as an example of the practice of constitutional opinion writing, Roe is a serious disappointment. You will be hard-pressed to find a constitutional law professor, even among those who support the idea of constitutional protection for the right to choose, who will embrace the opinion itself rather than the result. This is not surprising. As constitutional argument, Roe is barely coherent. The court pulled its fundamental right to choose more or less from the constitutional ether. It supported that right via a lengthy, but purposeless, cross-cultural historical review of abortion restrictions and a tidy but irrelevant refutation of the straw-man argument that a fetus is a constitutional ‘person’ entited [sic] to the protection of the 14th Amendment…. By declaring an inviolable fundamental right to abortion, Roe short-circuited the democratic deliberation that is the most reliable method of deciding questions of competing values” (Kermit Roosevelt, University of Pennsylvania Law School professor).
  • “The failure to confront the issue in principled terms leaves the opinion to read like a set of hospital rules and regulations…. Neither historian, nor layman, nor lawyer will be persuaded that all the prescriptions of Justice Blackmun are part of the Constitution” (Archibald Cox, JFK’s Solicitor General, former Harvard Law School professor).

Roe v. Wade, my friends, is the SCOTUS decision that “progressives” argue absolute fidelity to precedent demands Justices uphold. If they think “lousy,” “indefensible,” “barely coherent,” unintelligible, a-constitutional non-reasoning must be honored in slavish service to the political end of allowing feticide, I hate to imagine what they would have thought about revisiting Dred Scott.





U.S. Senator Duckworth’s Foolish Attack on Amy Coney Barrett

Illinois’ feckless U.S. Senator Tammy Duckworth opposes the confirmation of Amy Coney Barrett to the U. S. Supreme Court because Barrett signed a 2006 newspaper ad sponsored by an Indiana pro-life organization that said,

We, the following citizens of Michiana, oppose abortion on demand and defend the right to life from fertilization to natural death. Please continue to pray to end abortion.

In an October 2nd letter to her Senate colleagues, Duckworth said the pro-life organization whose ad Barrett signed 14 years ago opposes,

a critical step of the in-vitro fertilization (IVF) process that gave me my children.

Duckworth conveniently omitted what that critical step is.

Duckworth went on to say in her “Dear Colleague” letter that Barrett is a

Supreme Court nominee who appears to believe that my daughters shouldn’t even exist.

Really? Does Barrett really believe Duckworth’s living breathing daughters shouldn’t exist? If there were technology that allowed doctors to create life in a lab and grow babies in artificial “wombs,” would opposing that technology necessarily entail the belief that children created and gestated like that shouldn’t exist?

Someone might want to clarify to Duckworth that what pro-life supporters oppose is the discarding of any siblings of IVF-created children that their parents—like Duckworth—didn’t want.

Duckworth began her missive the way “progressives” like to address all debates over substantive moral issues: with a heartstrings-tugging “narrative”—a narrative irrelevant to the underlying moral issue she hopes no one will think about as they read her appeal through misty eyes.

She spent 2 ½ paragraphs describing bringing her second baby onto  the floor of the U.S. Senate “swaddled in blankets” with colleagues “cheering … as little Maile Pearl continued to sleep blissfully in my lap.” She quickly switched to describing the “deep knot of dread and anguish in the pit of my stomach” she experienced when hearing that Amy Coney Barrett had been nominated to the U.S. Supreme Court.

Duckworth experiences dread at the prospect of a woman sitting on the U.S. Supreme Court who believes all lives are of infinite value—including imperfect humans and humans Duckworth views as disposable. Duckworth feels no dread about U.S. Supreme Court Justices who have no qualms about the dismemberment of humans or about chucking humans in an incinerator, but she does experience dread about a woman sitting on the Court who is raising a disabled child and who has adopted two Haitian orphans.

Duckworth appealed particularly to “Republican colleagues who cooed and cuddled” her ten-day-old infant, while never mentioning that she supports the legal right to have ordered the killing of her daughter 11 days prior to the day of cooing and cuddling. In Duckworth’s foolish view, eleven days prior to the day of cooing and cuddling, her daughter was a non-person and deserving of no legal protections.

Worse still, Duckworth believes all Americans should have to pay for the choice of women to order the killing of their offspring up to the day of birth for any or no reason.

Demagogue Duckworth claims that “Judge Barrett’s willingness to associate her name” with an organization that believes that humans are not disposable “is disqualifying and, frankly, insulting to every parent, hopeful parent or would-be parent who has struggled to start a family.”

Duckworth’s claim insults every American who believes the science that the product of conception between two humans is a human and who believes that all humans are of infinite worth. The feelings of other more developed or less “defective” humans about tiny humans in the womb does not abrogate the right of tiny humans to exist. Despite what Duckworth may believe, subjective feelings do not determine either reality or morality.

Duckworth claims to,

fear that, if confirmed to the nation’s highest court, Judge Barrett would be unable to resist the temptation of overturning decades of judicial precedent in an effort to force every American family to adhere to her individual moral code.

Duckworth must focus on “judicial precedent” because nowhere in the text of the U.S. Constitution can a right to abortion be found.

John Hart Ely, former dean of Stanford Law School, former Yale and Harvard law school professor, and former clerk for U.S. Supreme Court Chief Justice Earl Warren, wrote,

What is frightening about Roe is that this super-protected right is not inferable from the language of the U.S. Constitution, the framers’ thinking respecting the specific problem in issue, any general value derivable from the provisions they included, or the nation’s governmental structure. … It is bad because it is bad constitutional law, or rather because it is not constitutional law and gives almost no sense of an obligation to try to be.

No matter to Duckworth. She wants what she wants and will use any means to get it.

Although Duckworth isn’t an attorney, surely, she knows that all laws “force” Americans to “adhere to” someone’s moral code. Make no mistake, Duckworth and her pro-feticide collaborators have no problem forcing every American to adhere to their moral code. If they did, they wouldn’t try to force Americans to perform abortions or pay for abortions (not to mention bake cakes for faux-weddings, share locker rooms with opposite-sex persons, or use incorrect pronouns when referring to opposite-sex impersonators).

Desperate to retain laws that reflect the non-existent moral right of women to off their offspring, Duckworth concludes her letter with these patently silly words:

I hope you’ll join me in speaking out for every American family who has struggled with infertility by opposing this confirmation.

Leftists know that Barrett is eminently qualified and morally beyond reproach. They also know that since religious tests for holding office are constitutionally prohibited, they can’t again attack her religious faith as Diane Feinstein once did, so now they will start manufacturing fanciful new justifications for opposing her. Duckworth’s fanciful justification is that Barrett will try use her position on the U.S. Supreme Court to thwart the use of IVF by infertile families. Where’s an eyeroll emoji when you need one?

Take ACTION: Click HERE to send a message to U.S. Senators Dick Durbin and Tammy Duckworth to let them know that you support the nomination and confirmation of Amy Coney Barrett to the U.S. Supreme Court. We must confirm nominees who will uphold the U.S. Constitution’s protections of life and religious liberty.

Amy Coney Barrett is a proven originalist who sees her roles as limited to interpreting the U.S. Constitution. She is the type of judge conservatives have been praying for. Her faithful approach to the U.S. Constitution and her experience on the 7th Circuit federal appeals court make her an outstanding nominee.

Listen to this article read by Laurie:

https://staging.illinoisfamily.org/wp-content/uploads/2020/10/Duckworths-Foolish-Attack-on-Amy-Coney-Barrett.mp3



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Chief Justice Roberts Votes with Liberals Against Tiny Humans and Women

In June Medical Services v. Russo, U.S. Supreme Court Chief Justice John Roberts again disappoints conservatives. Roberts voted with the politically “progressive”/morally regressive majority to strike down a Louisiana law requiring abortionists to have hospital privileges within 30 miles of the slaughterhouses in which they kill tiny humans and occasionally end up killing or maiming their mothers. This law would have required abortuaries in which surgical procedures are performed to adhere to the same safety regulations as all other ambulatory surgical centers.

Ironically, in a similar case out of Texas similarly decided, Roberts dissented, siding with conservatives. In June Medical Services v. Russo, Roberts concluded that following precedent (i.e., stare decisis) rather than sound reasoning is the absolute highest priority of any Justice. Good thing Roberts wasn’t sitting on the Supreme Court when Brown v. Board of Education overturned Plessy v. Ferguson or when Loving v. Virginia overturned Pace v. Alabama.

In his dissent, Justice Clarence Thomas made clear that the abortionists pursuing this lawsuit lacked “standing”:

Their sole claim before this Court is that Louisiana’s law violates the purported substantive due process right of a woman to abort her unborn child. But they concede that this right does not belong to them, and they seek to vindicate no private rights of their own. Under a proper understanding of Article III, these plaintiffs lack standing to invoke our jurisdiction.

Despite the fact that we granted Louisiana’s petition specifically to address whether “abortion providers [can] be presumed to have third-party standing to challenge health and safety regulations on behalf of their patients,” a majority of the Court all but ignores the question. The plurality and THE CHIEF JUSTICE ultimately cast aside this jurisdictional barrier to conclude that Louisiana’s law is unconstitutional under our precedents.

Attorneys represent litigants in lawsuits, and litigants must be able to claim that they are in some way harmed by a law. The purported harmful effect is what gives them “standing” to pursue a lawsuit. Since feticidal profiteers have trouble getting women to argue against abortionists having hospital privileges, this lawsuit was pursued by “third parties” who would be “harmed” monetarily by a law requiring abortionists to have hospital privileges.

The ability of abortionists to serve as third-party litigants was secured in the 1976 case Singleton v. Wulff in which two feticide providers sued for the right to have Medicaid reimburse them for killing humans in “not ‘medically indicated’” abortions. It was determined by the liberal court that the feticide providers had “standing” because, according to Justice Blackmun, “they will benefit by receiving payment for the abortions.”

“The point is, Ladies and Gentlemen, that greed, for lack of a better word, is good. Greed is right. Greed works,” says Gordon Gekko.

‘Twas ever thus.

Justice Thomas goes on to remind America of the fundamental truth that Supreme Court precedents defending abortion lack even “a shred of support from the Constitution’s text”:

Our abortion precedents are grievously wrong and should be overruled.

He’s far from alone in his assessment of the precedents as “grievously wrong.” Here are some assessments of Roe v. Wade from liberals:

  • “One of the most curious things about Roe is that, behind its own verbal smokescreen, the substantive judgment on which it rests is nowhere to be found.” (Laurence Tribe, Harvard Law School professor).
  • “As a matter of constitutional interpretation and judicial method, Roe borders on the indefensible. I say this as someone utterly committed to the right to choose” (Edward Lazarus, former clerk to SCOTUS Justice Harry Blackmun).
  • “[A]s a matter of constitutional interpretation, even most liberal jurisprudes — if you administer truth serum—will tell you it is basically indefensible” (Edward Lazarus).
  • “Blackmun’s [U.S. Supreme Court] papers vindicate every indictment of Roe: invention, overreach, arbitrariness, textual indifference” (William SaletanSlate magazine writer).
  • Roe “is not constitutional law and gives almost no sense of an obligation to try to be…. What is frightening about Roe is that this super-protected right is not inferable from the language of the U.S. Constitution, the framers’ thinking respecting the specific problem in issue, any general value derivable from the provisions they included, or the nation’s governmental structure.” (John Hart Ely, clerk for U.S. Supreme Court Chief Justice Earl Warren).
  • “[T]he very basis of the Roe v. Wade decision—the one that grounds abortion rights in the Constitution—strikes many people now as faintly ridiculous. Whatever abortion may be, it cannot simply be a matter of privacy. … “[Roe] is a Supreme Court decision whose reasoning has not held up. It seems more fiat than argument. … Still, a bad decision is a bad decision. If the best we can say for it is that the end justifies the means, then we have not only lost the argument—but a bit of our soul as well” (Richard CohenWashington Post columnist).
  • “Judges have no special competence, qualifications, or mandate to decide between equally compelling moral claims (as in the abortion controversy) …. [C]lear governing constitutional principles… are not present” (Alan Dershowitz, former Harvard Law School professor).
  • “In short, 30 years later, it seems increasingly clear that this pro-choice magazine was correct in 1973 when it criticized Roe on constitutional grounds. … Thirty years after Roe, the finest constitutional minds in the country still have not been able to produce a constitutional justification for striking down restrictions on early-term abortions that is substantially more convincing than Justice Harry Blackmun’s famously artless opinion itself. As a result, the pro-choice majority asks nominees to swear allegiance to the decision without being able to identify an intelligible principle to support it” (Jeffrey Rosen, George Washington University Law School professor, former clerk to Judge Abner Mikva).
  • “Liberal judicial activism peaked with Roe v. Wade, the 1973 abortion decision…. Although I am pro-choice, I was taught in law school, and still believe, that Roe v. Wade is a muddle of bad reasoning and an authentic example of judicial overreaching” (Michael Kinsley, attorney, political journalist).
  • “[I]t is time to admit in public that, as an example of the practice of constitutional opinion writing, Roe is a serious disappointment. You will be hard-pressed to find a constitutional law professor. … who will embrace the opinion itself rather than the result. … As constitutional argument, Roe is barely coherent. The court pulled its fundamental right to choose more or less from the constitutional ether.” (Kermit Roosevelt, University of Pennsylvania Law School professor).
  • “The failure to confront the issue in principled terms leaves the opinion to read like a set of hospital rules and regulations…. Neither historian, nor layman, nor lawyer will be persuaded that all the prescriptions of Justice Blackmun are part of the Constitution” (Archibald Cox, JFK’s Solicitor General, former Harvard Law School professor).

The super creepy pro-feticide organization Personal PAC, whose sole reason for its creepy existence is to protect the legal right of women to have their own offspring offed, is expressing only tepid kudos for this decision. Their enthusiasm is tempered by their correct assumption that pro-life activism will not cease:

While the Supreme Court’s decision in June Medical Services was a temporary reprieve from the assault on reproductive rights. … [d]on’t be fooled. … The anti-choice extremists are emboldened by today’s decision and it is to our great peril if we think it portends anything other than a reprieve by the Court Trump promised would end Roe.

“Choice” is an obvious and deceitful euphemism that is not up to the task for which it was created: it can’t conceal the truth about the unseemly nature of the choice leftists want women to have.

There exists no absolute or constitutional right “to choose.” Leftists exploit the word “choose” or “choice” because of its positive connotations. They exploit it because of the fondness everyone has for making choices in life. But not even leftists believe that a free-floating right “to choose” exists. There are a host of choices they want to proscribe:

  • Leftists don’t believe parents should have school choice.
  • Leftists don’t believe parents should have the right to choose whether their minor gender dysphoric children are chemically sterilized or surgically mutilated.
  • Leftists don’t believe parents should have the right to choose the type of sex education their children should receive.
  • Leftists don’t believe minors who experience unchosen, unwanted homoerotic feelings should have counseling choice.
  • Leftists don’t believe employers should have the right to choose whether to hire or fire cross-dressing men.
  • Leftists don’t believe anyone should have the right to refer to cross-dressing men by male pronouns.
  • Leftists don’t believe women have the right to choose to exclude all biological men from their private spaces or sports.
  • Leftists—well, most leftists–don’t believe minors should have the right to choose to have sex with adults.

So many choices of which tyrannical leftists want to deprive Americans. Well, many Americans don’t believe women have a moral or constitutional right to order the killing of imperfect or inconvenient humans.

Feminist and family abolitionist Sophie Lewis cheerfully admits,

Abortion is … a form of killing. It’s a form of killing that we need to be able to defend. I am not interested in where a human life starts to exist.

Because science confirms that the product of conception between two humans is a human, abortion inarguably kills humans. At no point in the gestational process is the product of conception anything other than human. Since abortion kills humans, legalized human slaughter will never cease to divide America.

Anything that gnaws around the edges of the child-killing cultural tumor that we refer to as Roe v. Wade is a good thing. Chief Justice Roberts didn’t help babies, women, or America.

Listen to this article read by Laurie:

https://staging.illinoisfamily.org/wp-content/uploads/2020/06/mp3-Chief-Justice-Roberts-Votes-with-Liberals-Against-Tiny-Humans-and-Women-_audio_01.mp3


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What All Conservatives Must Learn from District 211 “Trans” Activism

Folks, if you hope to defeat “trans” activism in your public schools, public libraries, the Springfield Swamp, and halls of Congress, you must first find those old rubbery spines that have been gathering dust in your attics. Then muster some courage to speak truth to Leftists who have been winning gold medals in epithet-hurling. Their tongues are now the strongest part of their bodies, while apparently their brains are the weakest. Try getting them to answer a few foundational questions that emerge from their incoherent, science-denying “trans”-ideology and watch them bob and weave, evasively changing subjects in between screeching “hater” at you. Just keep repeating to yourself the old adage your parents taught you: Sticks and stones may break your bones, but names will never hurt you. More on those foundational questions shortly.

Before you go on your spine search, please pay close attention to what has been happening in District 211—the largest high school district in Illinois with 12,000 students and 5 high schools—where local control has secretly been wrested from the community by a group of Leftists “colluding” secretly with “LGBTQ” activists outside the community—way outside the community—to sexually integrate student locker rooms.

Last week, I wrote about the purchase of the District 211 school board seats in 2017 by Laurence (aka “Lana”) Wachowski, “trans” director of the Matrix movies who lives in Chicago; a “trans” architect from Pennsylvania;  the lesbian head honcho of the Gay, Lesbian and Straight Education Network from New York; a state senator from Chicago; a homosexual CEO from D.C.; a “trans” activist from Maryland; a homosexual activist from Chicago; and two “trans” activists from Chicago who secretly funded the defeat of three excellent school board candidates.

Since then, it’s been revealed that Illinois’ premier “LGBTQ” activist organization, the grossly misnamed Equality Illinois, sent a representative to the District 211 School Board meeting on September 19 at which the proposal to sexually integrate all locker rooms was discussed. Equality Illinois boasted on its website about sending its “civic engagement coordinator,” Anthony Charles Galloway, who is the former Project Coordinator at Planned Parenthood of the St. Louis Region & Southwest Missouri.

Last Monday, Vicki Wilson, president of D211 Parents for Privacy, and Tracey Salvatore, an epithet-hurling mother of two District 211 elementary school children, were invited to appear on WTTW’s Chicago Tonight to be interviewed by Carol Marin.

Salvatore is the activist I mentioned in last week’s article who, instead of explaining exactly why private spaces should correspond to “gender identity” as opposed to biological sex, hurled epithets at parents who believe girls and boys should not be allowed to access the private spaces of opposite-sex peers.

Before I get to what Tracey Salvatore said on Chicago Tonight, it bears mentioning that for some odd reason her coach—er, I mean, escort to the Chicago Tonight studio was Ed Yohnka, communications director for the ACLU in Chicago. I wonder why Salvatore invited him?

Salvatore managed to refrain from her customary hate speech when making her points on Chicago Tonight. Perhaps her escort helped her avoid that pitfall.

In response to Carol Marin’s question about the prior policy requiring “trans”-identifying students to change behind privacy curtains (still bad policy but marginally better than unrestricted access) if using opposite-sex locker rooms, Salvatore said,

I do feel that it fell short of full inclusion, full equity, full access just by singling out transgender students as requiring them to use the privacy curtains.

Well, it rightly did prohibit “full access” because the person seeking “full access” to the girls’ locker room was a biological boy. But “transgender” students are not being “singled” out. The boy to whom Salvatore was referring singled himself out by asking for special treatment. He asked to be allowed unrestricted access to the girls’ locker room—something other boys are not allowed.

“Trans”-identifying persons, like all other humans, have a sex, which is objective, immutable, and meaningful. Schools, like every other place of public accommodation, have sex-separated spaces in which humans engage in personal bodily acts like undressing and going to the bathroom. Treating a boy as a boy is the epitome of equity. Conversely, including a biological boy in girls’ private spaces is the antithesis of fairness, impartiality, and equity. Treating a boy as if he is a girl in girls’ private spaces means treating him specially and violates the privacy rights of girls.

If girls have a right to be free of the presence of objectively male peers in their private spaces, that right is not abrogated by the feelings of some boys about their biological sex. If women have no right to be free of the presence of objectively male peers in their private spaces, then why have any sex-separate private spaces, including for staff and faculty. If biological sex has no intrinsic meaning relative to undressing and engaging in bodily functions, why have any sex-separate spaces?

Commitments to “inclusion” and “equity” do not require that persons who wish they were the sex they aren’t have access to opposite-sex private spaces. Their feelings about their maleness or femaleness do not grant them the right to dictate that private spaces no longer correspond to biological sex.

Grotesquely exploiting the words of Supreme Court Justice Earl Warren in Brown v. Board of Education, Salvatore said, “separate but equal is not equal.” Warren said this:

We conclude that in the field of public education the doctrine of “separate but equal” has no place. Separate educational facilities are inherently unequal.

Segregating blacks from whites in schools or other places of public accommodation was a pernicious practice based on the erroneous belief that whites and blacks are by nature different and based on white hatred of blacks. Separating boys from girls in private spaces is based on the true belief that boys and girls are sexually different and that those differences matter when undressing and engaged in personal bodily functions. The desire to be free of the presence of persons of the opposite sex when undressing has nothing to do with hatred. Salvatore’s claim is patently foolish.

Salvatore’s third claim is equally foolish:

Transgender individuals are not a threat…. Transgender people are not a safety concern to anyone, not in a locker room, not on the street, not anywhere else.

First, the primary issue is not concern about predation—though that is an issue, particularly outside of schools. But how can Salvatore know with absolute certainty that “transgender people are not a safety concern” to anyone anywhere ever? Of course, she can’t and doesn’t know any such thing. While it is unlikely that a “trans”-identifying boy will sexually assault a girl in the girls’ locker room, can prognosticator Salvatore say with absolute certainty that no such boy ever will? Can she say with absolute certainty that no such boy will look at girls who are undressing? Can she say with absolute certainty that no such boy will ever expose himself in the presence of girls?

And what about students who have been victims of sexual abuse. Estimates are that 1 in 4 girls (and 1 in 6 boys) will be sexually abused by the age of 18, which means in District 211, there are likely 1,500 girls (and 1,000 boys) who are victims of sexual abuse. In contrast, the Williams Institute estimates that .7 percent of teens identify as “trans,” which would mean that there are about 42 biological boys who identify as “trans”  in District 211. Many, perhaps most, sexually abused girls feel uncomfortable changing clothes in the presence of opposite-sex persons. They should not be compelled to leave their own locker rooms in order to feel safe.

Though the issue of protecting the feelings of children who were victims of sexual abuses is critical, it is not the primary issue either.

The primary, foundational issue is the meaning of sexual differentiation. Do our sexed bodies have meaning or not? Cultural regressives, like Salvatore and school board member/sexpert Kim Cavill, essentially say that physical embodiment as male or female has no intrinsic meaning relative to feelings of modesty and the desire for privacy when engaged in personal acts like undressing and going to the bathroom, which is absurd and destructive nonsense. Three times Salvatore mentioned “respect,” and none of those times referred to the respect due to students who have a right to a locker rooms free from the presence of opposite sex peers.

Salvatore then made this baffling statement:

I think people have learned that transgender individuals are just like human beings.

Well, “transgender” individuals are not just “like” human beings. They actually are human beings, and I don’t know a single person who thinks otherwise. Recognizing “trans”-identifying persons as humans includes recognizing that they have a sex and that in private spaces their sexual identity is all that matters. Prohibiting students from using opposite-sex private facilities does not deny their existence or their humanness.

Salvatore assures the Chicago Tonight viewing audience that “the reality is that people are not getting naked in the locker room.” That may be true, but it’s hard to believe that students who are taking a swim class or are on swim teams, diving teams, or water polo teams are never naked as they change from clothes to swimsuits. That, however, is beside the point.

Unrestricted access means that if girls in girls’ locker rooms are permitted to be in their underwear or fully nude, so too is a biological boy who pretends to be a girl permitted to be in his underwear or fully nude in the girls’ locker room. And a biological boy who is permitted unrestricted access to the girls’ locker room is also permitted to be anywhere in the locker room when girls are changing into swimsuits. Whether any particular boy chooses to partially undress, fully undress, or be in the area where girls are changing into swimsuits is irrelevant. It’s the principle that matters.

Finally, here are the questions that every school board member, administrator, and supporter of the sexual integration of private spaces should be required to answer before any votes on policy proposals are taken:

  • Why should locker rooms correspond to “gender identity” as opposed to biological sex?
  • Who decided that in private spaces biological sex is subordinate to subjective feelings about maleness and femaleness and by what authority did they make such a radical decision?
  • Do humans have an intrinsic right not to undress in the presence of persons of the opposite sex? If so, is that right abrogated by the feelings of “trans”-identifying persons or their aesthetic deception?
  • If humans have no such right, then why retain any sex-segregated private spaces anywhere?
  • Why is it reasonable for “trans”-identifying students to refuse to use restrooms/locker rooms with students who don’t share their “gender identity,” but it’s hateful for other students to refuse to use restrooms/locker rooms with peers who don’t share their sex?
  • Why should girls in girls’ locker rooms who don’t want to undress in the presence of biological boys be forced to change behind a privacy curtain? Why can’t biological boys in the boys’ locker room who don’t want to undress in the presence of biological boys use a private changing area in the boys’ locker room or nurse’s office?
  • If schools can’t discriminate based on either sex or “gender identity” in private spaces, wouldn’t prohibiting normal students (i.e., “cisgender” students) from using opposite-sex facilities constitute discrimination based on sex and/or discrimination based on “gender identity”?
  • What should school restroom and locker room policy be for “gender fluid” students?
  • In the “trans” community, girls who “identify” as boys are boys, so why should they be free to use girls’ private facilities? Should girls who “identify” as boys be required to use boys’ locker rooms?
  • Are lesbians and homosexual men who oppose the sexual integration of private spaces—especially the private spaces of girls and women—demonizing, bullying, intimidating, hateful bigots as Salvatore characterized those who oppose the sexual integration of District 211 private spaces?

So many essential questions asked by no one even as we deny human nature and the fundamental rights of girls and boys.

Correction: This article has been corrected with regard to estimates of number of abuse victims and of teen boys who identify as “trans.”

Listen to this article read by Laurie:

https://staging.illinoisfamily.org/wp-content/uploads/2019/10/What-Conservatives-Should-Know.mp3



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Some Leftist Thoughts for Leftists About Roe v. Wade

Staci Fox, president and CEO of Planned Parenthood Southeast headquartered in Atlanta, Georgia said this about the Alabama ban on human slaughter: “[T]hese laws are unconstitutional and they [pro-life advocates] don’t care.”

It’s remarkable that the Founding Fathers managed to make clear to “progressives” that women have a constitutional right to have their offspring offed without ever uttering a single word about it in the U.S. Constitution.

Here are some quotes from liberal scholars and writers on Roe v. Wade collected by Timothy P. Carney, commentary editor at the Washington Examiner and a visiting fellow at the American Enterprise Institute—quotes that shrieking feminists may find wholly unpalatable:

  • “One of the most curious things about Roe is that, behind its own verbal smokescreen, the substantive judgment on which it rests is nowhere to be found.” (Laurence Tribe, Harvard Law School professor).
  • “As a matter of constitutional interpretation and judicial method, Roe borders on the indefensible. I say this as someone utterly committed to the right to choose” (Edward Lazarus, former clerk to SCOTUS Justice Harry Blackmun).
  • What, exactly, is the problem with Roe? The problem, I believe, is that it has little connection to the Constitutional right it purportedly interpreted. A constitutional right to privacy broad enough to include abortion has no meaningful foundation in constitutional text, history, or precedent—at least, it does not if those sources are fairly described and reasonably faithfully followed” (Edward Lazarus).
  • “[A]s a matter of constitutional interpretation, even most liberal jurisprudes — if you administer truth serum—will tell you it is basically indefensible” (Edward Lazarus).
  • “Blackmun’s [Supreme Court] papers vindicate every indictment of Roe: invention, overreach, arbitrariness, textual indifference” (William SaletanSlate magazine writer).
  • Roe “is not constitutional law and gives almost no sense of an obligation to try to be…. What is frightening about Roe is that this super-protected right is not inferable from the language of the U.S. Constitution, the framers’ thinking respecting the specific problem in issue, any general value derivable from the provisions they included, or the nation’s governmental structure. Nor is it explainable in terms of the unusual political impotence of the group judicially protected vis-à-vis the interest that legislatively prevailed over it.… At times the inferences the Court has drawn from the values the Constitution marks for special protection have been controversial, even shaky, but never before has its sense of an obligation to draw one been so obviously lacking” (John Hart Ely, clerk for U.S. Supreme Court Chief Justice Earl Warren).
  • Roe “is a lousy opinion that disenfranchised millions of conservatives on an issue about which they care deeply.” (Benjamin Wittes, Senior Fellow, Brookings Institution).
  • “[T]he very basis of the Roe v. Wade decision—the one that grounds abortion rights in the Constitution—strikes many people now as faintly ridiculous. Whatever abortion may be, it cannot simply be a matter of privacy…. As a layman, it’s hard for me to raise profound constitutional objections to the decision. But it is not hard to say it confounds our common-sense understanding of what privacy is. If a Supreme Court ruling is going to affect so many people then it ought to rest on perfectly clear logic and up-to-date science. Roe, with its reliance on trimesters and viability, has a musty feel to it, and its argument about privacy raises more questions than it answers…. “[Roe] is a Supreme Court decision whose reasoning has not held up. It seems more fiat than argument…. Still, a bad decision is a bad decision. If the best we can say for it is that the end justifies the means, then we have not only lost the argument—but a bit of our soul as well” (Richard CohenWashington Post columnist).
  • “Judges have no special competence, qualifications, or mandate to decide between equally compelling moral claims (as in the abortion controversy) …. [C]lear governing constitutional principles… are not present” (Alan Dershowitz, former Harvard Law School professor).
  • “In short, 30 years later, it seems increasingly clear that this pro-choice magazine was correct in 1973 when it criticized Roe on constitutional grounds. Its overturning would be the best thing that could happen to the federal judiciary, the pro-choice movement, and the moderate majority of the American people…. Thirty years after Roe, the finest constitutional minds in the country still have not been able to produce a constitutional justification for striking down restrictions on early-term abortions that is substantially more convincing than Justice Harry Blackmun’s famously artless opinion itself. As a result, the pro-choice majority asks nominees to swear allegiance to the decision without being able to identify an intelligible principle to support it” (Jeffrey Rosen, George Washington University Law School professor, former clerk to Judge Abner Mikva).
  • “Liberal judicial activism peaked with Roe v. Wade, the 1973 abortion decision…. Although I am pro-choice, I was taught in law school, and still believe, that Roe v. Wade is a muddle of bad reasoning and an authentic example of judicial overreaching” (Michael Kinsley, attorney, political journalist).
  • “[I]t is time to admit in public that, as an example of the practice of constitutional opinion writing, Roe is a serious disappointment. You will be hard-pressed to find a constitutional law professor, even among those who support the idea of constitutional protection for the right to choose, who will embrace the opinion itself rather than the result. This is not surprising. As constitutional argument, Roe is barely coherent. The court pulled its fundamental right to choose more or less from the constitutional ether. It supported that right via a lengthy, but purposeless, cross-cultural historical review of abortion restrictions and a tidy but irrelevant refutation of the straw-man argument that a fetus is a constitutional ‘person’ entited [sic] to the protection of the 14th Amendment…. By declaring an inviolable fundamental right to abortion, Roe short-circuited the democratic deliberation that is the most reliable method of deciding questions of competing values” (Kermit Roosevelt, University of Pennsylvania Law School professor).
  • “The failure to confront the issue in principled terms leaves the opinion to read like a set of hospital rules and regulations…. Neither historian, nor layman, nor lawyer will be persuaded that all the prescriptions of Justice Blackmun are part of the Constitution” (Archibald Cox, JFK’s Solicitor General, former Harvard Law School professor).

Roe v. Wade is the SCOTUS decision that “progressives” argue absolute fidelity to precedent demands Justices uphold. If they think “lousy,” “indefensible,” “barely coherent,” unintelligible, a-constitutional non-reasoning must be honored in slavish service to the political end of allowing feticide, I hate to imagine what they would have thought about revisiting Dred Scott.

Save these quotes to show your pro-human slaughter friends next time they claim Roe v. Wade is the unchallengeable law of the land and reflects immutable constitutional truths.

Listen to this article read by Laurie:

https://staging.illinoisfamily.org/wp-content/uploads/2019/05/Roe_SCOTUS.mp3


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No Surprise, Leftists Want to Fight Dirty

“Progressives” control academia, government schools, the mainstream press, access to information (e.g., Google), social media (e.g., Facebook), professional medical and mental health organizations, the arts, and are infiltrating even churches. And now they seek absolute control over the judiciary through “court-packing.” They want constitutional revisionists to dominate the U.S. Supreme Court even if that means expanding the number of Justices. And some of them openly share their reasons for this proposal, thus exposing the brazenness of their tyrannical quest to transform America into a totalizing and totalitarian “progressive” dystopia.

Todd N. Tucker, political scientist and fellow at the liberal think tank, the Roosevelt Institute writes that,

With Tuesday’s Supreme Court ruling upholding Trump’s Muslim ban, Wednesday’s decision attacking public sector unions, and Justice Anthony Kennedy’s announcement that he’s retiring, it is time to push a once-marginal idea to the top of the agenda: pack the Supreme Court….  A thoughtful court-packing proposal would ensure that the Court more carefully reflects the mores of the time, rather than shackling democracy to the weight of the past…. [T]he time to begin mainstreaming an enlarged Court is now.

The far wiser Richard Weaver, author of Ideas Have Consequences, wrote something a tad different about the weight of the past:

Whoever argues for a restoration of values is sooner or later met with the objection that one cannot return, or as the phrase is likely to be, “you can’t turn the clock back.” By thus assuming that we are prisoners of the moment, the objection well reveals the philosophic position of modernism. The believer in truth, on the other hand, is bound to maintain that the things of highest value are not affected by time; otherwise the very concept of truth becomes impossible. In declaring that we wish to recover lost ideals and values, we are looking toward an ontological realm that is timeless.

In an article for the online magazine Slate, Osita Nwanevu summarizes the pro-court-packing argument of David Faris, author of the troubling book It’s Time to Fight Dirty: “The argument you’re making here, in sum, is that the time has come for Democrats to throw out some parts of the rulebook of American politics and embrace radical, structural strategies.”

Faris explains—with no evident sign of irony—that his sense of “urgency definitely comes from just this long ideological march off to the right in the Republican Party. That, to me, is dangerous because the Republicans are no longer committed to the spirit of the constitutional framework as it exists. And they’re committed to policies that are going to wreak incredible havoc on this country.”

Have you ever pulled into a parking spot, looked at the stationary car parked next to you, and wrongly perceived your own car—which you forgot to put in park—as stationary and the other one as backing out? That’s the optical illusion Faris is experiencing. Faris wrongly perceives conservatives, who parked their ideological and political car securely with emergency brake activated, as moving rightward while in reality “Progressives” have careered madly leftward.

Faris ironically frets that “incredible havoc” will be wreaked by conservatives. Yes, a card-carrying member of the party that believes it’s ethical to kill humans in the womb for no reason other than that their mothers don’t want them; that destroyed marriage; that recognizes no intrinsic right of children to be raised by a mother and father; that wants to eradicate all public recognition of sexual differentiation; that wants to limit the exercise of religion to homes, hearts, and pews; that put Christian adoption agencies out of business; that seeks to force citizens to lie by using incorrect pronouns in the service of a science-denying cultic belief worries that conservatives will “wreak incredible havoc on this country” and is “no longer committed to the spirit of the constitutional framework.”

Maybe he’s right. Maybe conservatives aren’t committed to the “spirit,” or penumbras, or emanations of the Constitution. Maybe they’re committed to the text of the Constitution.

The fact that “progressives” in their opposition to constitutional textualists/originalistswhom they know approach the U.S. Constitution with more rigorous fidelity than do “progressive” Justices—focus almost exclusively on the possibility that Roe v. Wade may be overturned would seem a tacit admission that there exists no constitutional right of women to have their intrauterine offspring slaughtered.

Well, here’s some food for thought about Roe v. Wade from “progressives” who support the legal right of women to choose to have more vulnerable humans killed—quotes that shrieking feminists may find wholly unpalatable:

  • “One of the most curious things about Roe is that, behind its own verbal smokescreen, the substantive judgment on which it rests is nowhere to be found.” (Laurence Tribe, Harvard Law School professor).
  • “As a matter of constitutional interpretation and judicial method, Roe borders on the indefensible. I say this as someone utterly committed to the right to choose” (Edward Lazarus, former clerk to SCOTUS Justice Harry Blackmun).
  • What, exactly, is the problem with Roe? The problem, I believe, is that it has little connection to the Constitutional right it purportedly interpreted. A constitutional right to privacy broad enough to include abortion has no meaningful foundation in constitutional text, history, or precedent—at least, it does not if those sources are fairly described and reasonably faithfully followed” (Edward Lazarus).
  • “[A]s a matter of constitutional interpretation, even most liberal jurisprudes — if you administer truth serum—will tell you it is basically indefensible” (Edward Lazarus).
  • “Blackmun’s [Supreme Court] papers vindicate every indictment of Roe: invention, overreach, arbitrariness, textual indifference” (William Saletan, Slate magazine writer).
  • Roe “is not constitutional law and gives almost no sense of an obligation to try to be…. What is frightening about Roe is that this super-protected right is not inferable from the language of the Constitution, the framers’ thinking respecting the specific problem in issue, any general value derivable from the provisions they included, or the nation’s governmental structure. Nor is it explainable in terms of the unusual political impotence of the group judicially protected vis-à-vis the interest that legislatively prevailed over it.… At times the inferences the Court has drawn from the values the Constitution marks for special protection have been controversial, even shaky, but never before has its sense of an obligation to draw one been so obviously lacking” (John Hart Ely, clerk for Supreme Court Chief Justice Earl Warren).
  • Roe “is a lousy opinion that disenfranchised millions of conservatives on an issue about which they care deeply.” (Benjamin Wittes, Senior Fellow, Brookings Institution).
  • “[T]he very basis of the Roe v. Wade decision—the one that grounds abortion rights in the Constitution—strikes many people now as faintly ridiculous. Whatever abortion may be, it cannot simply be a matter of privacy…. As a layman, it’s hard for me to raise profound constitutional objections to the decision. But it is not hard to say it confounds our common-sense understanding of what privacy is. If a Supreme Court ruling is going to affect so many people then it ought to rest on perfectly clear logic and up-to-date science. Roe, with its reliance on trimesters and viability, has a musty feel to it, and its argument about privacy raises more questions than it answers…. “[Roe] is a Supreme Court decision whose reasoning has not held up. It seems more fiat than argument…. Still, a bad decision is a bad decision. If the best we can say for it is that the end justifies the means, then we have not only lost the argument—but a bit of our soul as well” (Richard Cohen, Washington Post columnist).
  • “Judges have no special competence, qualifications, or mandate to decide between equally compelling moral claims (as in the abortion controversy) …. [C]lear governing constitutional principles… are not present” (Alan Dershowitz, former Harvard Law School professor).
  • “In short, 30 years later, it seems increasingly clear that this pro-choice magazine was correct in 1973 when it criticized Roeon constitutional grounds. Its overturning would be the best thing that could happen to the federal judiciary, the pro-choice movement, and the moderate majority of the American people…. Thirty years after Roe, the finest constitutional minds in the country still have not been able to produce a constitutional justification for striking down restrictions on early-term abortions that is substantially more convincing than Justice Harry Blackmun’s famously artless opinion itself. As a result, the pro-choice majority asks nominees to swear allegiance to the decision without being able to identify an intelligible principle to support it” (Jeffrey Rosen, George Washington University Law School professor, former clerk to Judge Abner Mikva).
  • “Liberal judicial activism peaked with Roe v. Wade, the 1973 abortion decision…. Although I am pro-choice, I was taught in law school, and still believe, that Roe v. Wade is a muddle of bad reasoning and an authentic example of judicial overreaching” (Michael Kinsley, attorney, political journalist).
  • “[I]t is time to admit in public that, as an example of the practice of constitutional opinion writing, Roe is a serious disappointment. You will be hard-pressed to find a constitutional law professor, even among those who support the idea of constitutional protection for the right to choose, who will embrace the opinion itself rather than the result. This is not surprising. As constitutional argument, Roe is barely coherent. The court pulled its fundamental right to choose more or less from the constitutional ether. It supported that right via a lengthy, but purposeless, cross-cultural historical review of abortion restrictions and a tidy but irrelevant refutation of the straw-man argument that a fetus is a constitutional ‘person’ entited [sic] to the protection of the 14th Amendment…. By declaring an inviolable fundamental right to abortion, Roe short-circuited the democratic deliberation that is the most reliable method of deciding questions of competing values” (Kermit Roosevelt, University of Pennsylvania Law School professor).
  • “The failure to confront the issue in principled terms leaves the opinion to read like a set of hospital rules and regulations…. Neither historian, nor layman, nor lawyer will be persuaded that all the prescriptions of Justice Blackmun are part of the Constitution” (Archibald Cox, JFK’s Solicitor General, former Harvard Law School professor).

Roe v. Wade, my friends, is the SCOTUS decision that “progressives” argue absolute fidelity to precedent demands Justices uphold. If they think “lousy,” “indefensible,” “barely coherent,” unintelligible, a-constitutional non-reasoning must be honored in slavish service to the political end of allowing feticide, I hate to imagine what they would have thought about revisiting Dred Scott.

https://staging.illinoisfamily.org/wp-content/uploads/2018/07/No-Surprise-Leftists-Want-to-Fight-Dirty.mp3


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Tumultuary Harry Reid Insults Whites, Women and Justice Thomas

“Tumultuary”: Marked by confusion and disorder

Maybe there’s a silver lining to the cloud created by U.S. Senator Harry Reid’s tumult of confused and disordered thinking. Maybe he has just inadvertently made a case for his own political demise.

Reid, the U.S. Senate Majority Leader from Nevada, was thrown into a paroxysm of anger over the U.S. Supreme Court’s 5-4 decision in the “Hobby Lobby” case, which held that the Religious Freedom Restoration Act (RFRA) protects the right of Christian business owners to refuse to be complicit in the deliberate killing of innocent human life. His anger resulted in Tumultuary Harry’s odd claim that “five white men” must not be permitted to  “determine” “women’s lives.”

How many ways can one sentence be wrong? Well, let’s add ‘em up:

  • First, and most obvious, one of the five men is not like the others—including hue. Reid may need his vision checked. Or perhaps Reid is using “white” figuratively. Perhaps “white” is a metaphor for all things Reid hates. 
  • Second, someone needs to tell Reid that he is…um, gulp…white. 
  • Third, Reid has revealed not only his distaste for whiteness (aka self-loathing) but also his diminished view of women. In Reid’s confused worldview, women’s paths in life are set in stone (i.e., “determined”) if their bosses don’t subsidize their birth control. In Reid’s wacky world, poor widdoe girls can’t chart their own course if their mean bosses don’t pay for their IUDs. Reid views women as so impotent that the refusal of their knights in shining armor (aka employers) to pay for their contraception for their volitional sexual activity signifies an absolute loss of agency in their own lives. Maybe women aren’t so inherently powerful after all. 

    Instead of railing against the five “white” men who are attempting an existential coup of women the scope of which hasn’t been seen since the slave era, perhaps Harry could remind trembling women of the lives of Harriet Beecher Stowe, Eleanor Roosevelt, Maya Angelou, Betty Friedan, Coretta Scott King, and Ruth Bader Ginsburg whose fertile years were not ones during which contraception was subsidized by employers or the government. 
  • Fourth, what does Reid think of other decisions by white men that have “determined” the lives of Americans some of whom were women, you know, men like Joseph Story, Oliver Wendell Holmes Jr., Louis D. Brandeis, William O. Douglas, Earl Warren, William Brennan, and Hugo Black.

Keep your chins up, women! Ignore the bespectacled, tumultuary, only-white-in-a-literal-sense man behind the lectern who thinks you’re feeble and dependent. You can do it! I know you can! You can eke out a life of meaning with even the little reserve of female power you have left after your Scrooge-y bosses withhold that 20 bucks a month. Your bossy patriarchal oppressors trampling on your uteruses (or in Deb Wasserman’s creepy description, “reaching into” your bodies) cannot keep a good woman down.

And, ladies, while you’re exercising your little remaining vestige of power, maybe you can figure out a way to give that confused white man the heave-ho.


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