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Three more, very brief, thoughts about Roe v. Wade

With the US Supreme Court addressing the policy question of abortion by simply returning it to the fifty states to decide themselves individually (and not in any way ending all abortion ever), a lot of silly hot air has been exuded in response over the past two weeks. And also a lot of terroristic death threats against the US Supreme Court justices have been made, too, by the usual “we represent all peace and love and justice” people. Some of these threats being made right outside their homes, and some while the Justices are eating at Morton’s Steak House in DC. You know, only the real basic elements of democratic process at play….at least according to the Biden Administration, which refuses to implement the federal law that categorically prohibits people from protesting or picketing outside the homes of judges. Because of threats n stuff.

So all this activity inspires yours truly to add three more real simple, brief thoughts on this subject:

  1. Everyone reading this…be thankful…you were not aborted,
  2. Proponents of unlimited abortion on demand have become unbelievably callous about human life and body autonomy, even while simultaneously demanding that Americans/ Canadians/ Europeans automatically, unconditionally, unquestioningly submit their bodies to mysterious government injections and body movement passports and chip implantations to force our physical compliance with government bureaucrats. Is there any logical consistency among these human death cult people? Do you guys ever think through your policy positions? Do you value logical consistency?
  3. The intellectual wackiness and slovenly behavior of the pro-abortion-all-the-time advocates is so extreme that even satire about it is actually funny: Meet Satan.

Abortion activist Satan specifically thanks the useless, spineless Republicans and their leader Mitch McConnell (Source: Babylon Bee)

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.

 

Boy Scouts, Supreme Court, Mueller Witch Hunt: One Common Thread

In 1973, amidst an earth-shaking cultural civil war, a divided US Supreme Court legislated a patchwork interpretation of the US Constitution to create a heretofore unmentioned “right” to abortion-on-demand.

Irrespective of whether you agree with abortion on demand as a reasonable or moral policy, or you do not, there are three key facts from this incident that are important today.

First, it marked one of the major milestones in an increasingly legislative judiciary, taking for itself the creative duties Constitutionally assigned to the US Congress (House and Senate).

As constituted, the judiciary is simply supposed to render more or less Yes and No holdings on US laws, deciding whether or not they are Constitutional. Those that are not are supposed to be remanded back to lower courts or sent back to the legislature altogether. Our courts are not constituted to come up with their own ideas and substitute them for the ideas brought before them in lawsuits.

Laws and the ideas in them are supposed to begin and end in the Congress.

Second, in its decision, the Court did mental backflips and logical contortions to arrive at its holding, because nowhere in the Constitution or any of the Founding debate documents is or was abortion mentioned; nor was the legal process or thinking that the Court used to reach its conclusion.

Again, as a policy, one can agree or disagree with abortion on demand, but to reach into a top hat and pull out a new and arguably foreign concept, as the Court did, and declare it protected by the Constitution is really legal chicanery. It is not how American government is supposed to work.

Which leads to the third outcome: out of all this brazen behavior in Roe v. Wade, the US Supreme Court established a political and cultural precedent for illegal legislating and political meddling from the bench.

This behavior evolved the court system into a de facto government unto itself; all three functions – judicial, legislative and executive – housed in just one branch of government.

Housed with just a five-person majority on the Court.

This last result is the most dangerous to democracy, because it tested the American people’s credulity and patience. The outstanding hallmarks of American government are the separation of powers, the rule of law, and the idea that government legitimacy flows from The People, not from the government’s coercive power. To grant just five people absolute power over an entire nation is to throw America out the window.

Like their European Marxist counterparts, modern American liberals (progressives, Communists, ANTIFA, Socialists, Democrats, whatever) focus their efforts on acquiring power, on controlling decision making, on getting government-endorsed results, at whatever cost, in whatever way possible.

So, judicial over-reach is now a major liberal approach to implementing political change, and changing cultural norms for political decision making.

Thus, Roe v. Wade was not as much about abortion as it was about five unelected, unaccountable people wearing black robes making all policy and legislative decisions about all issues for three hundred and fifty million other Americans.

This behavior is as un-American as anything could be. It strikes a subtle but fatal dagger blow to the American heart, demanding fealty to the rule of law while suspending the rule of law. It really is a coup d’etat.

Several years ago the US Supreme Court did the same thing again with gay marriage as it had done with Roe v. Wade. Instead of begging off of that political issue, because marriage has always been a subject of local and state purview, the US Supreme Court took decision making away from the American People. It created a right that no one had ever heard of before, that flew in the face of thousands of years of human behavior, that should have bubbled up from the local level and worked its way through the legislative process to gain traction among a majority of the American People to give it legitimacy, a real organic cultural belief with roots.

But the Court circumvented all that messy representative democracy stuff, and just implemented the policy and cultural goal they wanted.

(And if you care at all what my opinion is about gay marriage, I don’t give a damn. Marry the adult you want to marry. Go ahead, live your life. Gather together a community or quorum or church or whatever imprimatur you think you need and get married under those auspices. But it is a mistake to demand that three hundred and fifty million other people accept your ideas at the price of their liberty).

So now America is undergoing the Mueller “investigation” of supposed Russian tampering and collusion with Donald Trump so he could win the presidency. After two years of looking, not one shred of evidence has been found, and there is tons of evidence of lots of illegal actions by the prior administration.

Nonetheless a highly coercive and obviously political witch hunt has emerged, with arch criminal Robert Mueller leading the charge.

Why is Mueller a criminal? Because he knows his cause is unjust and dangerous to democracy. He knows there is no evidence for the fake cause of his work. He knows that the FISA warrant upon which his work is based was obtained under very fake pretenses (the fake Clinton-created political “dossier” on Trump). He knows that everyone he has charged is totally innocent or innocent of anything having to do with Russian “collusion.”

Mueller withholds from Congressional oversight the investigation-enabling letter written to him by Assistant Attorney General Rod Rosenstein, which began this witch hunt.

If Mueller believed in the integrity of his work and his mission, he would happily, willingly share the enabling letter with the American People. Transparency, right?

Mueller’s witch hunt is so utterly brazen because it demands the American People abandon their commitment to the rule of law, and instead swear allegiance to raw political audacity and the aggressive exercise of power.

Mueller’s attack on our democracy is criminal because it is the creation of coercive political power by sheer willpower and desire to rule, without a shred of legitimacy behind it. Robert Mueller is everything that America is not.

So therefore, Robert Mueller is a criminal, and he knows it. Mueller and his allies hope that the American People’s loyalty to even a flawed democratic process overrides their disgust at the blatant misuse of the process and their trust. It is a big gamble.

Last week the Boy Scouts of America formally changed their name to the “Scouts,” formally adding girls to the mix.

Just eight or so people on the BSA board of directors voted for this change. Demand for this change did not come up from the ground, from the grass roots, from the thousands of local Boy Scout troops and the associated moms and dads across America.

Rather, this huge cultural change was forced down upon everyone else by a very small handful of politically and culturally radical people.

They know they cannot persuade the Boy Scouts members to agree with this change, so like the other changes made on abortion, same sex marriage, and political election results, the decision is made “from above” and forced down on everyone else. It is just another coup d’etat foisted upon America by liberals.

While we would normally think of the Boy Scouts and abortion and gay marriage and election results being totally different subjects and areas, they do share one commonality.

Binding them all together is the Democrat Party’s war on democracy, its lust for power, its lust for political control and domination over all others, its wish for the destruction of all established norms and expectations so that their version of cultural change will be implemented. By brute force, if necessary.

(For those who care to know, I used to be a Democrat. Today I am a reluctant member of the Republican Party, and, like George Washington before me, I disdain all political parties as an occasional, temporary necessity.)

And from all this, liberals hope to “fundamentally change America” into a Socialist paradise like Cuba or Venezuela, or even like the failed and dead Soviet Union they revered.

Why? Because liberals do not believe in The People. They believe in power and control, period, and that is the common thread connecting all of these disparate issues and topics they are involved in. It is just now that these decisions and changes are so starkly contrasted with how America was founded.

I, for one, do not accept any of this behavior, nor the coup d’etats being attempted against our government and our culture.