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Roe v. Wade was never about abortion

Like so many other far-reaching court decisions, or laws, or executive orders emanating from Washington, DC, Roe v. Wade was originally cast publicly as something it actually wasn’t.

Yes, on its face Roe v. Wade was about abortion, the termination of human life while still inside the mother’s body. But in fact, the way the court’s decision was structured, it was the exuberantly creative legal theory behind the Roe decision that was most important. And it was that legal theory that laid the ground work for so much of the openly political activist behavior we see emanating from way too many judges and federal bureaucrats across America.

Roe v. Wade was decided within a time of great social turmoil and cultural change, and a lot of the contemporaneous political activism pressure from the Left is visible in Roe. Especially the twin evil sisters of moral relativism and intellectual relativism. One example is the in-artfully creative use of the word “penumbra,” a sort of shadowy shadow that reputedly lay over so many different amendments to the US Constitution that clearly listing them all was just too tiring to Roe’s authors. Yes, the Court majority invoked aspects of the Fourth and Fifth Amendments, and went on to stitch together a pseudo- logical framework for legal decision (then using the 14th Amendment) making that is still with us today.

Vagueness as a reason for heavy handed policy is now the Left’s standard. “Because we told you to do it” is the way that is spelled out.

Every professor who taught me constitutional law was a liberal, and every single time any one of them delved into Roe, a smirk was on their face. Lots of eye rolling and chuckling accompanied these professors’ analysis of the poor legal reasoning behind the decision. Which meant to me then, and even more so now, that no one with real constitutional law training believed Roe was a legitimate legal decision based on actual logic, law, and fundamental constitutional principles. Rather, all the liberals who exulted in Roe did so because it backdoor-attained a policy goal they could not achieve through the legislative process, and because it established a mush-headed standard for all future legal decisions.

So today, some fifty years after Roe v. Wade-type legal analysis has wafted its way throughout the legal profession, the courts, and the bureaucracy, we see the ultimate and inevitable result of such a “creative” legal approach: Although the Second Amendment says crystal clearly that citizens may both keep and publicly bear firearms, and that this right shall not be infringed, a zillion policy makers and courts blatantly ignore 2A’s plain wording and just start throwing anti-gun policy ideas into the pot. These judges give no respect to what the Constitution actually says; rather, they use their court rooms purely for writing policies that fit their political views. Same goes for ATF bureaucrats.

I blame Roe v. Wade for where our court system is now. And where it is now is not just political policy shops in black robes, but we have defiant leftist activists in black robes, who simply ignore the Supreme Court’s precedents and make their own damned ruling. Even if their damned ruling is totally contrary to a US Supreme Court decision from just weeks or months ago. This approach is junk law, and it calls into question the entire field of jurisprudence. It highlights in just one more way how the Left is hell bent for leather to implement its political policy goals, at whatever cost to America’s legal and cultural fabric.

In case you don’t know it, when a lower court openly defies the Supreme Court, the entire court system is thrown out the window. We then have nothing but anarchy.

So, when the US Supreme Court overturned Roe v. Wade two weeks ago, it was not surprising to see the Left melt down, as if their ability to kill babies had in fact been fully deprived of them. After all, when a person sees every branch of government as nothing more than a policy shop devoid of logical process, then everything becomes about winning or losing the policy war. Here the Left feels they have lost, when in fact, all this recent Court decision did was turn the issue over to the various states (No, Barack, there are not 57 states). Where actual voters get to choose how they want their state government to address what should be a sensitive subject.

(The same 1960s and 1970s people who had just protested against American soldiers as “baby killers” in Vietnam then became the biggest champions of killing babies…go figure).

To its proponents and supporters, Roe v. Wade was never really about abortion or babies, it was about introducing a weak-minded, unprincipled, grab-what-you-can “by any means necessary” approach to forming government policy. And in fact one of the main reasons I left my US EPA policy job in Washington, DC, was because I personally witnessed many regulations and rules being formed exactly this way, where (liberal/ Left) agency staff would literally just imagine a bunch of shit and put it in the regulation or rule. Justified or no, or extra cost to industry and consumers be damned. It is a terrible way to run representative government. But it is the way that Roe taught liberals and Leftists to think about government.

As a proponent of good government, where transparency and accountability are everyday occurrences for the taxpayers, I am glad that Roe is gone. Now the politically difficult part of democracy is upon all of us: Figuring out how many babies people can kill, when, and where. Based on my principles, I would expect this democratic process to follow a certain logic path. But we are not dealing with principles here, but rather a passion on the Left for absolute control. And they don’t like losing control. Or thinking hard. Or debating issues with evidence and cross-examination and due process.

Should be interesting going forward.

 

US Supreme Court disgraces itself even further

In the past few weeks America’s social fabric has been deeply marred by a US Supreme Court unwilling to hear two critical lawsuits bearing directly upon the obviously fraudulent election results. One lawsuit was brought by Pennsylvanians, the other by Texans. Each suit on its face had incredibly compelling facts and merits, and yet the US Supreme Court declined to hear either of them, essentially saying that whatever bad election stuff happens in a state stays in that state (as if a state behaving illegally must be expected to go back and correct itself).

And then along comes a Kansas voting rights law, which protects the sanctity of “one-citizen-one-vote” in Kansas, and then the same exact US Supreme Court strikes it down just two days ago. So much for the Court’s prior statement that what states do with their individual elections laws is solely at the discretion of that state!

You would never know that this same Court was operating in this same universe, let alone in the same country at the same time period.  Because if its decisions about the Pennsylvania and Texas cases meant one set of principles were operating, the Court’s holding in the Kansas case means the exact opposite is now true. And there is no democratic institution anywhere on Earth worth its salt that can operate as arbitrarily and capriciously as our Court is right now, and expect to be taken seriously by the governed.

Arbitrary and capricious government decisions strike at the heart of democracy and representative government, and it sure looks like the US Supreme Court is trying to run a dagger through America’s very heart.

The Court is wildly swinging here, for everyone to see in broad daylight. Refusing to even discuss unimaginably evil fraudulent voting behavior on the one hand, and then making a decision that strips Kansas voters of their rights and their expectation that Kansas elections will be free and fair on the other hand….this is a Court that is quite clearly out of control. And a Court that is out of control is a Court that has impeached its own credibility and standing, and which will lose the support of the governed.

Dear US Supreme Court members: If you will not even hear our pleas for relief, then why should we listen to anything you say? You work for The People, not the other way around.

Why does the US Supreme Court exist? Was it not established in order to address the most pressing legal issues of the nation, to preserve the sanctity of the US Constitution, so as to avoid political bottlenecks that are otherwise always resolved through bloodshed? The entire purpose of democracy is to give all citizens equal standing in every way, and equal opportunities for making their voices heard. Citizens whose voices cannot or will not be heard become alienated from the body politic, and they must choose alternative routes for resolving their grievances.

Here the Court is making it abundantly clear to all Americans that at least five of its nine members can be just as volatile, just as unprincipled, just as un-serious, just as politicized and arbitrary, just as in-your-face unaccountable to We, The People, as either of the other two branches of government. Despite the past role of the Court to always serve as a serious and somber place to resolve our thorniest differences in the deepest contemplation. Which is so obviously lacking now.

Some people say the Court is behaving this way in order to shield itself against a Democrat Party super-majority that has promised to add more seats to the Court, or to dissolve it altogether. Others say that most justices cannot help but go native when they spend too much time in Washington, DC. Which is a kind way of saying the justices lose touch with the common citizen, and begin to view us all as mere serfs, with no rights.

I don’t know if anyone else was struck by Chief Justice John Roberts’ snitty little minority dissent in the California religious freedom case a few weeks ago, but his snotty and arrogant tone was shocking to read. This is a man who is completely out of touch with the American people and without a thought in his head for the US Constitution, upon which all of his decisions are supposed to rest. Obviously he has at least four other justices who share his arrogant feelings about us little people.

In just a few short weeks, the US Supreme Court has disgraced itself, made a mockery of the law, of our system of government, of the guiding processes that are supposed to be public and fair for all to see, of itself, and thereby impeached its own credibility, its believability, its wonder and respectability. A court has no army, and all it can do is rely upon its respectability and integrity to persuade Americans that its rulings are just and fair, and must therefore be followed. The Court of Chief Justice John Roberts gets an F-minus, and why on Earth should Americans give a fig for what this Court ever holds again?

This Court is an important public institution that has just bombed out and fatally failed America right in front of all of us. So help us God, may this failure not be fatal to the Republic.

 

The nine people most responsible for PA’s Election Day mess

While it takes a whole village to try to steal the votes of hundreds of thousands of citizens, and thereby disenfranchise millions of others, here in Pennsylvania there are nine people who are most clearly responsible for our corrupted Election Day results. And while some people are going to say “Who cares?,” there are others who are at least curious about how this gigantic confidence game happened in the first place, and yet other people so dedicated to good government that they want to try and correct the obviously weak voting procedure we have. This essay is dedicated to the latter, with hopes for an epiphany among the former.

In order of their level of culpability, the nine people most responsible for this election fraud are:

  1. State Senator Jake Corman (R -Centre). State senator Jake Corman is the last man standing in the Pennsylvania legislature who helped re-write the new ridiculous election law that facilitated all of the cheating we just witnessed last week. When the other political party presented Corman with a proposed Trojan Horse election law change, which included mail-in ballots lacking certain guarantees of authenticity (a gigantic reg flag to any normal American adult), he swallowed it hook, line, and sinker. It isn’t that Jake Corman is gullible, he is not. Because his entire career has been spent within the Republican Party in one job or another, including now occupying the senate seat his late father held, Corman is nothing if not a self-serving, politically crafty, cunning, and ruthless deal maker. As a child of political privilege, he is also a spoiled brat, and is used to getting his way, no matter how wrong it is for everyone else; it is this lamentable trait that got Corman to accept and pass the Democrat Party election law Trojan Horse. Because Corman is so deeply inside horse-trading politics, with gigantic political blinders over his eyes that prevent him from seeing the self-evident all around him, he traded what is obviously a panoply of stupid and undesirable election law changes (mail in ballots, after Election Day, with questionable qualities) for something…what…it is not clear what the quid pro quo was. Why did you approve this law, Jake? Did someone give you insider investment information, Jake, that you used to enrich yourself, thereby inducing you to allow this election Trojan Horse inside the city gates? What good thing exactly did Pennsylvania’s citizens gain from or in exchange for the Election Day Trojan Horse that you foisted upon us?
  2. Governor Tom Wolf (D). Watching Tom Wolf stand at a podium the other day, bald-faced lying, seriously attacking the justified legal challenges to the blatantly obvious voter fraud in Philadelphia is one of the great low points in American electoral history. Wolf has been in this election fraud up to his eyeballs, and now that he is defending that fraud he becomes one of the lowest characters in modern American political history. One would have hoped that he would have at least adopted the approach of police captain Renault in Casablanca: “Election fraud, here in Pennsylvania?! I am shocked, shocked!” But Wolf is not shocked because this debacle is his own handiwork, and he is unashamed. For shame!
  3. Lt. Governor John Fetterman (D). Ditto above. And when Fetterman sent a tweet last week before Election Day, acknowledging Trump’s 59,000-strong voter rally in Butler, PA, and demanding that Democrat voters “bank those 700,000 ballots,” we now know exactly what he meant. Fetterman meant for his followers to engage in the orgy of election fraud witnessed and documented and complained about by so many people in Philadelphia. And is it not amazingly convenient that late on Election Day evening Trump had a 600,000 vote lead, and yet by last Wednesday morning he was at a 100,000 vote deficit? Wonder where those extra 700,000 ballots came from! Fetterman is a phony. He is not for the little guy, the under-privileged, the worker. Rather, Fetterman is for Fetterman and his own power, at whatever cost to America and its workers.
  4. Pennsylvania Attorney General Josh Shapiro (D). Josh Shapiro is PA’s attorney general, the chief law enforcement officer in the state. It is a significant position, entrusted with great authority and powers. An attorney general anywhere is expected to remain above the partisan political fray, and to implement and execute the law without favor to anyone. And yet, Shapiro announced before Election Day that “Trump will not win Pennsylvania.” Not only is this obviously partisan electioneering, it is clear that Shapiro knew all about the gigantic voter fraud scheme prepared to illegally turn Trump’s hard-earned Pennsylvania win into a fraudulent Biden win. Shapiro had knowledge of the election law crimes that were about to occur, and not only did he not stop them, or investigate them after the fact, he actually gloated about them right before they were committed.
  5. 5-9. The last five people most responsible for PA’s Election Day fraud are the five Pennsylvania State Supreme Court members Christine Donohue, David Wecht, Debra Todd, Kevin Dougherty, and Sally Mundy, all (D), who issued a last-second, patently illegal/ unconstitutional order to extend Pennsylvania’s Election Day vote count for many days after Election Day, and to even further diminish the normal commonsense safeguards that guarantee that every LEGAL vote is counted. The Court majority’s decision went against the plain texts that guide and shape jurisprudence. It was clearly partisan and designed to give every leeway for the election fraud that inevitably followed in its wake. In contrast to their decision, Pennsylvania’s Constitution and the US Constitution make it clear that the state legislature is the sole source of Election Day date, time, and rules. Not the courts. So what these five political activists on the Court did is turn themselves into a five-person legislature, usurping the decision making authority of their co-equal branch of government. If jurists are not people of letters, but rather raw partisan political warriors, then that branch of government has failed.

Where does this leave us? Well, all I can do is write about what is happening. If Pennsylvanians are so apathetic and uninvolved that they allow these people to remain in their public offices, then we have brought down upon our own heads our own demise. Because American government only exists by the consent of the governed. When the governed become uninvolved, uncaring, and allow incompetent or criminal behavior by elected officials to persist, then self-government has failed. Consent has then been given to officials to do whatever they want, regardless of law or constitution. It means that the rule of law has ended, and a simple political power tug of war is under way in its place.

Apathetic citizens will always lose that tug of war, because the political insiders always find a way to accommodate each other.

Un-Citizen Kane. Time to go

Nothing is tougher to accept than a corrupt public official, and the higher the office the harder it is to accept. So it is with Kathleen Kane, PA’s Attorney General.

Now the Philly Inquirer has published a significant investigative report on AG Kathleen Kane and her constant intercessions on behalf of known, convicted, and or suspected crooks from the moment she took office.

The first one the public learned about was Kane’s shielding of ultra corrupt politicians from the Philadelphia area. Philly DA Seth Williams took issue with Kane’s dropping of cases against the bad guys, and he battled her for control of the cases. Williams resurrected the charges and successfully implemented his n her job: People paid big fines, went to jail etc.

Now it turns out that Kane has been using her position to drop or stop investigations right and left across the Pennsylvania landscape. Again, these cases were against wealthy, politically connected people. Her staff at the AG’s office strongly disagreed with her. Some left their careers there because of Kane’s ….questionable….decisions.

Last week Kane lost a case at the PA Supreme Court, which allowed a special prosecutor to continue investigating Kane for her obviously corrupt and illegal behavior on OTHER issues.

In the totality, Kane is surrounded by her own bad judgment, bad decisions, illegal decisions, stupid decisions, corruption, really, over which she will now be charged, in addition to lots of petty politics like hiring her own sister into the AG’s office.

It is time for this catastrophe of a human being to do us taxpayers a favor, and resign. Save her and us from even more shame and pain and public expenditure to follow through on the obvious need for justice. Kane is corrupt. Please leave public life, Un-Citizen Kane.

A win for the little guy

Government’s role is to serve the people.  America is a people with a government, not a government with a people.  The people – their needs, their interests, their rights – come first in all things.  Our Constitution prohibits government behavior that is arbitrary, capricious, abusive, or uncompensated taking of private property, among others.

Any American who loses sight of these limitations has fallen into the easy trap of promoting government over the people.  People in both main political parties fall into this trap, because both main parties have largely lost touch with the US Constitution (and the Pennsylvania Constitution) and its daily meaning for American citizens.

Last night the Pennsylvania state senate passed HB 1565, which amended through law a procedural environmental rule issued in the last days of the former Governor Ed Rendell administration, in 2010. The rule created 150-foot buffers along streams designated High Quality and Exceptional Value, and removed that buffer land from nearly all uses.  No compensation to the landowner was provided.  Allowing the landowner to claim a charitable donation for public benefit was not allowed.  Higher building density on the balance of the property was not allowed. The buffer land was simply taken by government fiat, by administrative dictate, totally at odds with the way American government is supposed to work.

And the appeal process afforded to landowners under the rule was onerous, extremely expensive, and lengthy.  It was not real due process, but rather a series of high hurdles designed to chase away landowners from their property rights.  Everything about this rule was designed to make the government’s job as easy as possible, and the private property owner’s rights and abilities as watered down as possible.

The 150-foot buffer rule represented the worst sort of government, because it did not serve the people, it quite simply took from the people.  The 150-foot buffer rule was blunt force trauma in the name of environmental quality, which can easily be achieved to the same level myriad other ways.  The rule was the easy way out, and it represented a throwback to the old days of the environmental movement and environmental quality management when big government, top-down, command-and-control dictates were standard fare for arresting environmental degradation.

That approach made sense when polluted American rivers were catching fire, nearly fifty years ago.  Today, a scalpel and set of screwdrivers can achieve the environmental goal much better, and fairly.  Supporters of the rule claimed that voting for HB 1565 was voting against environmental quality, which made no sense.  Environmental quality along HQ and EV stream corridors could have easily been achieved with a similar, but innately fairer, 150-foot buffer rule.  It saddens me that my fellow Americans could not see that simple fact, and instead sought to stay with a deeply flawed government process until the bitter end.

I know the people who both created and then championed the rule.  Some of them are friends and acquaintances of mine.  Their motives and intentions were good.  I won’t say that they are bad people.  Yes, they are mostly Democrats, but there were also plenty of Republicans involved in designing it and defending it, including former high level Republican government appointees.

Rather, this rule was a prime example of how simply out of touch many government decision makers have become with what American government is supposed to be, and it adds fuel to my own quest to help reintroduce the US and Pennsylvania constitutions back into policy discussions and government decision making so that we don’t have more HB 1565 moments in the future.