Spinning From The Grave (Harry Blackmun's papers)

Citizen magazine ^ | August 2004 | Charles A. Donovan

[Ed Current]

The Origin and Scope of Roe -- Professor Douglas W. Kmiec presents letters and records of correspondence between members of the Roe court that reveal questionable motivations as well as a fundamental disrespect for normal principles of judicial restraint.

Rehnquist, "Roe V. Wade, 410 U.S. 113 (1973):

"To reach its result, the Court necessarily has had to find within the scope of the Fourteenth Amendment a right that was apparently completely unknown to the drafters of the Amendment. There apparently was no question concerning the validity of this provision or of any of the other state statutes when the Fourteenth Amendment was adopted. The only conclusion possible from this history is that the drafters did not intend to have the Fourteenth Amendment withdraw from the States the power to legislate with respect to this matter." ^{caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=410&invol=113}

FT January 2003: Constitutional Persons, Robert H. Bork made the following comments about Roe v. Wade:

"Blackmun invented a right to abortion....Roe had nothing whatever to do with constitutional interpretation. The utter emptiness of the opinion has been demonstrated time and again, but that, too, is irrelevant. The decision and its later reaffirmations simply enforce the cultural prejudices of a particular class in American society, nothing more and nothing less. For that reason, ROE is impervious to logical or historical argument; it is what some people, including a majority of the justices, want, and that is that....Science and rational demonstration prove that a human exists from the moment of conception....Scalia is quite right that the Constitution has nothing to say about abortion."

[Ed Current]

Forget leaving it to the States. Bar it everywhere, at once, without exception and without apology.

It's like letting slavery be decided by the States.

The states prosecute homicide.

The GOP has 55 Senators with a minimum of 5 who are as bad or worse than some the Democrats. You are 17 Senators short of Amendment and just as short on removing a federal judge. If recent trends mean anything, you might replace 4 pro-murder Senators every two years, in which case it would take a decade to amend or remove/replace 2 pro-murder judges on SCOTUS, assuming they don't retire in the interim.

Article 3 only requires 51 Senators (the U.S. House is much more conservative and willing to act than the Senate) and the GOP has 55 minus at least 5 RINOs.

It is possible to pass Art 3 before 2006. If the Senate picks up 4 pro-lifers in 2006, Art 3 legislation becomes highly probable.

[Ed Current]

Two "Catholic" justices were largely responsible for Roe v. Wade.

Last figures I saw claimed that Protestants outnumbered Catholics 3:1.

Judges are appointed by those that the populace elect.

The abortion holocaust was originated, and is sustained by apostate protestants who could care less.

Jesus, in Matthew 19:18 reiterated Deuteronomy 5:17 "You must not murder," and that Paul stated in Romans 13:3 "For rulers are not a terror to good works, but to the evil. Wilt thou then not be afraid of the power? do that which is good, and thou shalt have praise of the same: 13:4 For he is the minister of God to thee for good. But if thou do that which is evil, be afraid; for he beareth not the sword in vain: for he is the minister of God, a revenger to execute wrath upon him that doeth evil. 13:5 Wherefore ye must needs be subject, not only for wrath, but also for conscience sake."

Jefferson & Paul agree that the fundamental purpose of government is to secure rights granted by God by punishing evil and it does 'outside the abortion context.'

• The laws of the 30 states that recognize the unlawful killing of an unborn child as homicide in at least some circumstances. ^{State Unborn Victim Laws}
• State: Homicide laws of all 50 states protect human life and the dignity of every human being--especially the vulnerable; laws of many states already specifically protect vulnerable embryonic human beings outside the womb; most prohibit destructive human embryo and human fetal research. National: The present Congressional ban on federally-funded human embryo research explicitly excludes "research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death"; existing laws requiring separation between the death of an unborn child in abortion and research objectives using the unborn child's tissues preclude the destruction of human embryos as a means of achieving research objectives. International: Documents such as the Nuremburg Code, the World Medical Association's Declaration of Helsinki, and the United Nations Declaration of Human Rights reject the use of human beings in experimental research without their informed consent and permit research on incompetent subjects only if there is a legal surrogate, minimal risk, and therapeutic benefit for the human subject. ^{stemcellresearch.org - Founding Statement}
• It may strike some as surprising that legal protection of embryonic human beings can co-exist with the U.S. Supreme Court's 1973 legalization of abortion.²⁹ However, the Supreme Court has never prevented the government from protecting prenatal life outside the abortion context,³⁰ and public sentiment also seems even more opposed to government funding of embryo experimentation than to the funding of abortion.³¹ The laws of a number of states-including Louisiana, Maine, Massachusetts, Michigan, Minnesota, Pennsylvania, Rhode Island, and Utah-specifically protect embryonic human beings outside the womb. Most of these provisions prohibit experiments on embryos outside the womb.^{32 CBHD: On Human Embryos and Stem Cell Research}

Abortion is Shedding of Innocent Blood. Abortion is the shedding of innocent blood. The blood of an unborn child is separate from that of its mother at 21days gestation and is a person from conception (Luke 1:42-43). As you know, killing such a child violates God's laws in the Decalogue (Exodus 20:13). God hates such killing (Proverbs 6:16-17) and it defiles the land (Numbers35:33). God is personally pledged to avenge the shedding of innocent blood (Deuteronomy 32:43).

National Responsibility and Judgment. For shedding of innocent blood in Israel God brought a series of escalating judgments culminating in the Babylonian captivity in 586 B.C. (Psalm 106:36-43; Jeremiah 33:35,36) and, according to Jesus (Matthew 23:34,35; Luke 11:49-51), the life for life judgment and total destruction of Jerusalem in 70 A.D. To the idolatry of Israel involving child sacrifice to Baal and Molech in exchange for material wealth and to celebrate sexual promiscuity, we have added an idol of convenience. As it did in the slavery debate, the nation not only permits the individual to commit an abortion in sin, it affords Constitutional protection and the full force of federal and state government to protect the activity-and in many instances taxpayer funds to pay for it.

Individual, Corporate, and Leadership Responsibility. Each person responsible for an abortion is under a life for life judgment (Genesis 9:6; Numbers 35:31) and their entire family falls under judgment as well (Leviticus 20:4,5). There is also a collective responsibility that each person has for all abortions. The answer to Cain's question,"Am I my brother's keeper?" is found in Genesis 9:5: "And from each man will I demand an accounting for the life of his fellow man." In God's judgment of Israel in 586 B.C., He held responsible the national leaders (Zephaniah 1:7,8), the prophets and priests (Lamentations 3:12,13), elders (Ezekiel 9:4-6), and complacent men (Zephaniah 1:12).

The Declaration of Independence is an Instrument of Judgment. The "Equal Creation" principles in the Declaration of Independence were the cry of the anti-slavery crusade for 30 years. Today most evangelical leaders and many presidential candidates reference the same document and the Creator's "endowment of unalienable rights" in the fight against big government and abortion rights. What they fail to mention is that this document is also an instrument of judgment. They overlook its "execution" provisions. In its first paragraph, the very existence of the nation is pinned to the "laws of nature and nature's God." For Jefferson's contemporaries, this phrase meant the Romans 2:15 law written on every man's heart, whether Christian or not, as tested by the Christian Bible. After a detailed list of the sins of the government of King George III by implication in violation of these laws, the document declares that " all political connection between [the colonial states] and the state of Great Britain, is and ought to be totally dissolved." In Matthew 7:1, Jesus tells us that in the same manner and measure that we judge others, we will receive judgment ourselves. Judgment upon America in the same manner and measure mandates a dissolution - the natural consequence of violating God's laws on which her formation was premised. ^{Abortion as "Shedding Innocent Blood" & Lessons Toward Repentance ...}

The protestants have the numbers to end mass murder and they refuse to do it. There are atheists who are pro-life Some Information on LFL, but they don't have the numbers.

My fellow Protestants reject the Torah, Jesus, Jefferson, the Constitution and plain common sense while singing God Bless American and pledging allegiance to the Flag…no longer under God.

 

[StonyBurk]

Thank you for another most Excellent read. NEVER a fan of
Blackmum, NOR Roe v. Wade. Though when I was a Christian in
Name Only -and then only when convienent, I traded into the
LIE that it is a "Womans issue" than no man had any right to comment upon it. One recent author (RobertBork?)said
the majority of the supreme Court Justices seem to be gnostics at best. Blackmum--like Hugo Black-seemed to be black hearted Communist to the core.

[Ed Current]

Hugo Black-seemed to be black hearted Communist to the core

Writing for the Court, Mr. Justice Black stated: "The First Amendment, as made applicable to the states by the Fourteenth, Murdock v. Pennsylvania, commands that a state `shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. . . .'" [. Id. at 8 (citation omitted).] In Everson, the Court also penned the infamous phrase that has been used to pervert the meaning of the Religion Clauses: "The First Amendment has erected a wall between church and state. That wall must be kept high and impregnable. We could not approve the slightest breach." [. Id . at 18 (emphasis added). While neither the words nor the concept of "separation of church and state" appears in our Constitution, those words and ideas do appear in the Constitutions of the former communist Soviet regimes. See U.S.S.R. Const. adopted July 10, 1918, art. Two, ch. 5, § 13 "For the purpose of securing to the workers real freedom of conscience, the church is to be separated from the state and the school from the church , and the right of religious and antireligious propaganda is accorded to every citizen.") (em phasis added); and U.S.S.R. Const. adopted Dec. 5, 1936, ch. 10, art. 124 ("In order to ensure to citizens freedom of conscience, the church in the U.S.S.R. is separated from the state, and the school from the church . Freedom of religious worship and freedom of an ti-religious propa ganda are recog nized for all citizens." (em phasis added)). Eleven years after the U.S.S.R. Constitution of 1936 wrote the "separation of church and state" into the text of the Soviet Constitution, the United States Supreme Court held that our Constitution command ed the same philosophy and then wrote that phrase on the minds of the American people. See Everson , 330 U.S. at 18.] It is surprising how many citizens, including lawyers, believe that the phrase "wall of separation between church and state" is in the text of our Constitution. ^{The Ten Commandments and the Ten Amendments: A Case Study in Religious Freedom in Alabama, 49 Ala. L. Rev.434-754 (1998).}

Adamson v. California (No. 102) MR. JUSTICE FRANKFURTER, concurring, Demolished the "incorporation doctrine."

 

 

[nightdriver]

"Two "Catholic" justices were largely responsible for Roe v. Wade. One was Justice Brennan, who was the real author of Roe v. Wade and who used Blackmun, who was actually rather stupid, as his sock puppet."

Don't forget ol' Willian O. Douglas and his influence on Blackmun.

Douglas invented that nefarious measuring rod of juridical reasoning called "penumbras and emanations," i.e. "things that are not in the Constitution but we wish they were."

Armed with such a weapon, the Supreme Court can arbitrarily make or break laws at will, a dream for liberals, a nightmare for conservatives.

[StonyBurk]

William O Douglas was hardly Christian - nor Catholic in
good standing I suspect. Probable genesis of that awful
"Catholics for Choice" rebellion made up of Catholics in
name only.

[nightdriver]

"William O Douglas was hardly Christian - nor Catholic in good standing I suspect...."

You're certainly right about that.

I wasn't referring to Douglas as a Catholic, I was referring to him as an influence on the mush-headed Blackmun.

Douglas was appointed by FDR to eliminate him as a potential competitor for the presidency. Douglas belonged on the Supreme Court about as much as I belong in the Miss America Pageant!

[cpforlife.org]

Reference work - Bookmark PING,er

Please let me know if you want on or off my Pro-Life Ping List.

[cpforlife.org]

Kennedy is Wormwood to Blackmun's Screwtape.

[MHGinTN]

Justice unjustice Kennedy's 'feel good' is more important to Kennedy than the tens of millions of alive humans he has been complicit in killing. May he find his just reward 'hereafter' as a defender and enabler of serial killing of millions of human beings.

One cannot respect a man so weak that people's opinion of him drive his rulings on a court where millions of lives are at risk. Kennedy's character has a major flaw ... he has no real principles in life, only longing for acceptance by those he worships (like the twisted Blackmun). Well, the serial killers and their worshippers must have a high judgement for him, but I doubt he will escape judgement by God just because millions of lost souls love him.

Subpreme Court unjustice Kennedy is the worst kind of judicial activist, ruling and reruling in order to garner favor rather than follow the Constitution he swore to defend and uphold. But he's too mealy mouthed to realize his wrongness so he goes right ahead continuing to be an activist in 'sheep's clothing'.

[Ed Current]

Justice unjustice

Unjustice, injustice and that is what they need to be called.

"Overrule", "struck down"

Do a criminals overrule a law, or strike it down when they murder or steal.

'Cannibalism' is also most appropiate with ESCR.

[fatima]

Pro Life bump.

[TOUGH STOUGH]

"And let's not forget Sandra Day O'Connor, supposedly a Republican, and David Souter, also a Republican nominee, probably the worst mistake since Eisenhower appointed Earl Warren."

You know it really amazes me, the left NEVER makes these kinds of mistakes.

[StonyBurk]

suspected as much. Did know that Douglas ,like Hugo Black
was among those in th emajority appointed by FDR to change
the Constitution by changing its' interpretation.An act
that seems to me Unconstitutional in light of Marbury v.Madison,1803-but so long as Congress is unwilling to act,
and so long as "we the people" are willing to be crabs in
a crab bucket.What can be done?

[nightdriver]

"...but so long as Congress is unwilling to act, and so long as "we the people" are willing to be crabs in a crab bucket.What can be done?"

We can send people to congress that are willing to defend the Constitution and impeach some judges that don't.

Seems like not only are the humped-up liberal judges widely overstepping their duly constituted bounds in legislating from the bench, but our congressional representatives, by their inaction, are complicit in the deal.

[StonyBurk]

Amen -- Right on all counts. When surrounded by the enemy
there are enough targets to forget about sighting in -or
leading spray and pray.and pass the ammo