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 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 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.

For those who have been enjoying the waning days of summer away from news and social media, basking maskless by a refreshing body of water or hiking in a cool forest with a face as naked as a newborn babe’s, here’s what set ablaze the perpetually burning neurons of leftists: Texas banned all abortions performed on small humans whose hearts are beating and made anyone who facilitates the illegal killing of humans with beating hearts open to litigation. Sounds reasonable to me, but then again, I’ve never been a fan of killing defenseless humans who have committed no crime.

Following Texas’ prohibition of human slaughter after the first six weeks of life, the left lost what’s left of their minds.

With their feticidal minds unhinged at the prospect of mothers not being free to hire hitmen who identify as “physicians” to off their offspring, leftists proved again why they’re not known for skill in the use of evidence, sound analogical thinking, respect for science, respect for human rights, coherence, consistency, or morality.

Let’s take a cursory look at the darn things cultural regressives are muttering, sputtering, and tweeting:

Joe Biden, the self-identifying Catholic who claims his “avocation” is theology, recently said,

I respect people who … don’t support Roe v. Wade. I respect their views. I respect … those who believe life begins at the moment of conception and all. I respect that. Don’t agree, but I respect that.

But wait, in 2015 Biden said,

I’m prepared to accept that at the moment of conception there’s human life and being, but I’m not prepared to say that to other God-fearing, non-God-fearing people that have a different view.

So, which is it? Does he believe that at the moment of conception a new human life comes into existence or does he not? If not, what new science convinced him between age 72 and 78 that the union of human egg and sperm no longer marks the beginning of the life of a new human being?

(As an aside, why can’t leftists who claim to believe that women can be born in men’s bodies and that men can menstruate and give birth be like Biden and respect the views of God-fearing and non-God-fearing people who disagree?)

Disgraceful CNN anchor Chris Cuomo, brother of disgraced former governor of New York Andrew Cuomo, tried to suggest that 6-week-old human fetuses don’t have heartbeats because they don’t have hearts. The Mayo Clinic dares to dissent:

Growth is rapid this week [sixth week]. Just four weeks after conception, the neural tube along your baby’s back is closing. The baby’s brain and spinal cord will develop from the neural tube. The heart and other organs also are starting to form and the heart begins to beat.

Please note, the Mayo Clinic refers to the baby as a “baby.”

CNN’s Joy Reid fretted that the Texas law signals the Handmaid’s Tale is coming to America—you know, the story of fertile breeding women being forced to have sex with ruling elite men while their wives watch. Reid’s guest, failed presidential candidate Elizabeth Warren, nodding in agreement, fretted about the law’s impact on the “most vulnerable among us”:

This law is about bearing down on the most vulnerable among us. It’s bearing down on the woman, or the transperson, or the nonbinary who’s workin’ three jobs.

Warren views pregnant “transpersons” who are workin’ three jobs as more vulnerable than the babies whom they seek to kill.

Bette Midler tweeted,

I suggest that all women refuse to have sex with men until they are guaranteed the right to choose by Congress.

Midler forgot to specify the direct object of the transitive verb “choose.” To be clear, she means the right to choose to have incipient human life killed.

I completely agree with Midler that if a woman plans to chemically starve her baby fetus or have her fetus dismembered as her back-up contraception plan, it’s best she not have sex.

Millionaire leftist co-founders of the ridesharing company Lyft, Logan Green and John Zimmer, have gone all out in support of killing tiny humans:

Lyft is donating $1 million to Planned Parenthood to help ensure that transportation is never a barrier to healthcare access.

Killing humans is not “healthcare” no matter how many times leftists use this Newspeakian euphemism. Anyone who cares about the health of womb-dwellers ought not use Lyft.

And any leftist who believes that practices that have a “disparate impact” on persons of color are racist practices should know that black babies are killed in utero at much higher rates than are white babies:

Black women have been experiencing induced abortions at a rate nearly 4 times that of White women for at least 3 decades, and likely much longer. … In the current unfolding environment, there may be no better metric for the value of Black lives.

The millions of dollars donated by racists Green and Zimmer are going to facilitate the racist practices of Planned Parenthood.

The ever-snippy White House spokesperson Jen Psaki scolded a reporter for asking about how Biden reconciles his Catholic faith with his support for human slaughter. Psaki’s retort was revelatory in that it demonstrated how un-woke she is.

Without even asking for the reporter’s pronouns, Psaki just assumed the reporter was a man, presumably because he looks like a man and sounds like a man. Psaki asserted presumptuously that the reporter has never been pregnant. How does she know? Doesn’t Psaki know that in the woke playbook, some women have men’s bodies, and some men have women’s bodies and can get pregnant? I guess Psaki is an intolerant, hateful, ignorant bigot.

CNN legal analyst Jeffrey Toobin claimed that the refusal of the U.S. Supreme Court to block the Texas law constitutes “a real blow against the U.S. Supreme Court’s institutional reputation.”  It’s strange to hear Toobin, who pleasured himself on a work Zoom call, express concern over “reputation.” But then again, Toobin has a vested interest in keeping abortion legal: He pressured a former paramour with whom he had had an extramarital affair to abort their now 12-year-old son. Toobin may be planning for his future “needs.”

Toobin also described Roe v. Wade as the “second most famous opinion of the last 100 years.” He should have said “most infamous opinion of the last 150 years.” Here’s what liberal legal scholars and pundits have said about the infamous Roe v. Wade opinion:

• “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.” (Edward Lazarus, former clerk to SCOTUS Justice Harry Blackmun)

• “Blackmun’s [U.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.” (John Hart Ely, former law professor at Yale, Harvard, and Stanford universities)

• “[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.” (Richard Cohen, Washington Post columnist)

• “[T]he 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.” (Jeffrey Rosen, George Washington University Law School professor)

• “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).

• 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)

• “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)

One law professor who has no need of constitutional grounding for abortion is UC Irvine law professor and cheerleader for legalized human slaughter, Michele Goodwin. Goodwin is a long-time and influential advocate of the legal right to kill the preborn. She and co-author Erwin Chemerinsky set forth their goals in a 2017 paper titled, “Abortion: a Woman’s Private Choice”:

We begin by justifying the protection of rights not found in the text of the Constitution. … Foremost among these rights is control over one’s body and over one’s reproduction. … Finally in Part III we discuss what it would mean for abortion to be regarded as a private choice. In this Part, we identify three implications: a) restoring strict scrutiny to examining laws regulating abortions, which would mean that the government must be neutral between childbirth and abortion; b) preventing the government from denying funding for abortions when it pays for childbirth; and c) invalidating the countless types of restrictions on abortion. (emphasis added)

Goodwin rightly condemns the “notorious eugenics period in the United States,” in which allegedly defective preborn babies were forcibly killed by the government. Goodwin fails, however, to acknowledge the difference between the government mandating that a doctor perform a surgical procedure on the body of a woman without her consent and the government prohibiting a doctor from dismembering or in other ways destroying the body of a human fetus without his or her consent.

Goodwin also believes the Texas bill to preserve human life is analogous to the Fugitive Slave Act. She believes that the grotesque law that incentivized citizens to help send humans into bondage is analogous to a law that incentivizes citizens to help prevent the slaughter of humans. Some might counter that the Texas law is more akin to laws that offer rewards for the capture of killers than it is to the Fugitive Slave Act.

Now that leftists have lost control of the U.S. Supreme Court, they’re stomping their angry feet and demanding the Court be jampacked with leftists, something conservatives have not called for to repair the grievous harm done by seven Justices in 1973. Neither the Constitution nor the will of the people matters to “progressives.”

There is no constitutional or moral right to have humans killed because of their dependency status, location, absence of self-consciousness, lack of full development, disabilities, anticipated future, maternal inconvenience, insufficient maternal finances, or crimes of their fathers. A civilized, compassionate, moral, and just society does not find the final solution to poverty, disease, disability, or any other form of human suffering in the killing of others. And in the Constitution, there is no free-floating absolute right to privacy in which humans can do anything they feel like doing to other human beings. Leftist U.S. Supreme Court Justices invented such a “right” out of whole blood-stained cloth.

Listen to this article read by Laurie:

https://staging.illinoisfamily.org/wp-content/uploads/2021/09/Progressives-Say-the-Darndest-Things-About-Killing-Tiny-Humans.mp3

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 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 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 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 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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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 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 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 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 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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“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/originalists—whom 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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Transgressive sexuality trumps–well, everything

Last week liberal Slate Magazine writer William Saletan made a semi-effective attempt at satire, proposing that all employees in corporate America who donated to Prop 8 in California six years ago be fired like Mozilla’s CEO Brendan Eich. The problem with his piece was that his proposal wasn’t outrageous enough. In fact, many on both the political Right and Left believed it was a sincere proposal.

Now, Jonathan Swift knew how to write satire. To criticize the callousness of the Irish to the extreme poverty in their midst, he proposed the inconceivable idea of devouring Irish children. Saletan, in contrast, proposed an idea of which the Left has not only conceived but executed. Saletan’s proposal just increases the scale.

As further evidence that Saletan’s satirical proposal was not outrageous enough, look west to California where transgressive sexuality politics nearly always trumps constitutional principles—oh, and truth.

The California Supreme Court Advisory Committee on the Code of Judicial Ethics seeks to prohibit all California judges from being affiliated with the Boy Scouts of America (BSA) because—in the supreme committee’s view—the BSA engage in “invidious discrimination” by prohibiting homosexuals from serving in leadership positions. Of course, this whole house of cards is built on the foolish and unproven assumption that homoerotic desire and volitional homoerotic activity are analogous to skin color or other behaviorally neutral conditions.

In a letter to the Advisory Committee, Catherine Short, legal director of the pro-life group Life Legal Defense Foundation, warned about the real effect of such a draconian policy:

[B]y promoting a hierarchy of politically-favored ‘victim’ status through pointlessly impugning the integrity of members of a venerable American institution, the proposed Amendment will communicate to the public that judges are being told by the California Supreme Court what to think, whom they may associate with, and what are permissible opinions to hold, and that only those who toe the line will be allowed to sit on the bench. The public can hardly expect impartiality from the judiciary in such a climate of intolerance.

Roger Pilon, vice president for legal affairs with the libertarian Cato Institute points out the inconsistency in the “progressive” position. He writes that if, as “progressives” argue, it is unfair to presume that homosexuals are unfit to serve in leadership positions in the BSA, then it is similarly unfair to presume that judges who volunteer to work with the BSA are unfit to serve as judges:

[C]ritics say that the concerns (about potential sexual abuse of boys by homosexual leaders) of the BSA and of scout parents should be set aside and that gay would-be scout leaders must be given the benefit of the doubt. That may or may not be a fair point, substantively, but it cuts both ways, of course. Are judges who volunteer to work with scouts presumptively unfit to serve on the bench?

Pilon goes on to argue, moreover, that the status of the BSA as a private organization grants it the right to establish its own policies regarding membership (which includes leaders):

The BSA is a private association. Agree or disagree with the presumption it has applied, it has a right to set the conditions for membership, which it has done by deciding, in part, that it does not want to run the risk, whether reasonable or not, of allowing gay scout leaders into the group. The courts, by contrast, are public institutions, which may discriminate only for compelling reasons.

This is another portent of things to come. Why stop with state judiciaries? Why not prohibit federal judges and U.S. Supreme Court justices from belonging to any private organization that makes moral distinctions between natural sex between men and women and homoerotic activity?

But why stop there? Why not prohibit anyone from serving in state legislatures or U.S. Congress who belongs to or volunteers for an organization that prohibits homoerotic activity?

And why should anyone be permitted to serve as president of the United States who belongs to an organization that believes volitional homoerotic activity (like polyamory, consensual adult incest, and paraphilic activity) is illicit and constitutes a character flaw?

These are not satirical proposals. Homosexual activists and their ideological allies believe that normalizing voluntary homoerotic activity and relationships trumps First Amendment protections of association, speech, and religious liberty.

Conservatives better start looking at the darkening forest that these trees are creating before all light is eclipsed.

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