SCOTUS Vacancy Not About Roe

Don’t be fooled by the fear mongering of the political left. This SCOTUS vacancy is not about Roe. It is about justice.

FILe - In this Feb. 18, 1988, file photo Anthony Kennedy, left, takes the constitutional oath as a Supreme Court Associate Justice from Chief Justice William Rehnquist at a White House ceremony in Washington. Holding the Bible is Kennedy's wife, Mary Kennedy. The 81-year-old Kennedy said Tuesday, June 27, 2018, that he is retiring after more than 30 years on the court.

By Published on June 29, 2018

As you know, the world ends every week in America. This week, it is because of the announced retirement of Justice Anthony Kennedy from the U.S. Supreme Court. The left reveres abortion. And every time a Supreme Court vacancy occurs, we hear the screeching call to arms of Big Abortion and its devotees in the media and Hollywood. They never disappoint.

Here’s Michael Ian Black’s graceful take on Twitter: “Stock up on abortions now. Roe v. Wade is gone.”

They’re just cool and rational and funny, you see.

CNN’s Jeffrey Toobin was a bit more measured, as a member of the media, saying, “Abortion will be illegal in twenty states in 18 months.”

The fact that this one decision is always at the center of their fears reflects not only their veneration of abortion (they venerate other issues that do not get the same attention). It’s actually the reflection of Roe’s very poor (in fact, non-existent) constitutional underpinnings. In that sense, they should be worried about the great monuments they have built on such flimsy foundations.

But such rhetoric from the left is not based on facts. Only Justice Thomas is on record saying he believes Roe should be overturned. Several Republican-appointed justices have upheld Roe, including Justices Kennedy, Sandra Day O’Connor, and the very author of Roe, Justice Harry Blackmun.

Nobody knows what the Court will do for sure on this or any other issue.

Further, the pro-life movement true end is not about overturning Roe. We hope it does fall. Indeed, we know it will fall, because it is as heinous and unsustainable as Dred Scott. But we are working towards a day when every person is valued and appreciated as a person created in the image of God, a person with intrinsic dignity.

If Roe is overturned this minute, the pro-life work will continue tomorrow with the same intensity as before. We will be there for any and every woman in need.

If Roe is overturned this minute, the pro-life work will continue tomorrow with the same intensity as before. Big abortion will shift its efforts to the states where their lies will need to be met with truth. And our commitment to women in crisis pregnancies will never waiver. We will be there for any and every woman in need.

So, don’t be fooled by the fear mongering of the political left. Don’t let yourself be riled up by their latest prediction of impending doom. This SCOTUS vacancy is not about Roe. It is about justice. We need a just justice to replace Justice Kennedy. We need someone who is not looking for specific outcomes in cases. Or someone trying to champion the cause of a specific subset of people, as President Obama famously advocated. We need someone who recognizes the limits placed on his role by the Constitution.

To relate it to the abortion issue the media is obsessed about, we do not want a “pro-life judge” who would justify (as liberal justices just tried to do in NIFLA) the government forcing pro-abortion citizens to be silent on abortion or promote crisis pregnancy centers. We want a justice who will recognize that as a violation of the First Amendment.

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In other words, we need to make impartiality great again. It is one of the most foundational principles of law. But liberal judicial activists have largely abandoned it in the pursuit of “progress.” It is why, whoever the nominee is, he or she should reject the constant call by certain members of Congress to pre-commit to specific outcomes on cases, including on abortion.

A judge should decide the cases and controversies between parties that come before the court in a fair and impartial way, putting aside personal policy preferences and remembering the strict boundaries of the judicial role. In the case of Supreme Court Justices especially, they must be all the more diligent in refraining from improperly pre-judging cases, given the wide range of issues where the Court is the ultimate arbiter.

 

Mario Diaz, Esq. is General Counsel for Concerned Women for America.

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