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Miers Nomination Jilts Pro-Lifers, Instead of ‘Jolt’ to Supreme Court Status Quo
The American View ^ | October 2005 | Stephen G. Peroutka

Posted on 10/10/2005 9:17:03 AM PDT by SmartCitizen

Stephen G. Peroutka, chairman of the board of governors for the National Pro-Life Action Center (NPLAC), issued the following response to President Bush’s nomination of Harriet Miers to replace Justice Sandra Day O’Connor:

“Pro-life and pro-family conservatives supported President Bush’s campaign because he promised to appoint judges in the mold of Scalia and Thomas. With 45 million children’s lives lost to abortion, the on-going threat to the definition of marriage, and the continuing attack on the family itself, the stakes are too high to gamble on another ‘stealth’ candidate.

“While Ms. Miers may be satisfactory to President Bush, there is nothing in her record that should satisfy pro-lifers. It is incumbent upon President Bush to provide irrefutable proof that his nominee is, in fact, Scalia- or Thomas-like, and that he has not reneged on his campaign promise.

“Sadly, if the administration continues its attempts to hide their nominees behind the ‘Ginsberg cloak of silence,’ Ms. Miers will not be given the chance to establish whether she fully adheres to an American understanding of law and justice as defined by our Constitution. We believe at the very least, that Ms. Miers should answer the five basic questions that NPLAC submitted to the Senate during Roberts’ nomination.

“During those hearings, Judge Roberts stated that overturning stare decisis might ‘jolt’ the Court. It appears, instead, that the president is content to jilt those who put him in office. The time has come for pro-life and pro-family groups to hold this administration to a higher standard, instead of assuming a ‘cheerleader’ position that keeps their backs to the action.

“Abortion will not end in this country until we are unashamedly pro-life. Avoiding the subject-though considered strategic, coy and even intelligent by many-is not consistent with the expectations of those who elected Bush, the beliefs of our Founding Fathers or our obligation to God.”

NPLAC’s Five Questions are:

Do basic human rights come only from government or are they rooted in something that transcends government?

Is man’s inherent human nature fixed or does raw political power determine who is and is not a member of the human family?

Is law merely the construct of jurists and lawmakers or is it based on first principles of morals and justice?

Is the proper role of the judiciary to restrain/limit itself to interpreting law or does it possess de facto legislative powers?

Should the judiciary share power equally with the other two branches of government (the legislative and executive) or should its powers transcend them?


TOPICS: Constitution/Conservatism; News/Current Events
KEYWORDS: constitution; miers; peroutka; supremecourt
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To: trubluolyguy
I really am sorry because my views are the same as the authors'. But I am realistic enough to realize that like any other politician, once a repub has already got your vote, you really don't count for jack unless you have millions to donate.

At least until the next voting cycle comes around, then we're expected to be good buddies again! I wish them luck in their fantasy world view. Blackbird.

21 posted on 10/10/2005 11:19:08 AM PDT by BlackbirdSST
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To: Columbine
Well I vote to gain something. I want to get the person elected who most represents the actions I want taken.

Really!? How's that working out for ya? Blackbird.

22 posted on 10/10/2005 11:21:01 AM PDT by BlackbirdSST
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To: k2blader

We elect leaders, not rulers.

The constitution doesn't specifically endorse either the pro life or pro abortion position.

Like I said, I don't want activist judges. Not even 'our' activist judges. Do you want them?


23 posted on 10/10/2005 11:23:06 AM PDT by HitmanLV
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To: epluribus_2

What makes you thing she is?


24 posted on 10/10/2005 11:24:36 AM PDT by TXBSAFH (Anything a Politico says, "Trust Me." I put my hand on my wallet and slowly back away.)
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To: k2blader
Those fixated on the supreme court declaring abortion itself is unconstitutional and illegal just want their own brand of activist. Why not consider sending a donation to the Taliban - that's more their speed.

It goes to show you that the Republican Party contains a growing blndly loyal element that is flat-out hostile to Christians who hold moral and biblical principle higher than party principle. I hope such people keep up their vituperative and scurrilous rhetoric - it will help Christians see the light and will help drive them out of this morally bankrupt party. The GOP cannot survive without evangelical Christians except as a perennial backbench party.

25 posted on 10/10/2005 11:25:07 AM PDT by SmartCitizen
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To: SmartCitizen

NPLAC’s Five Questions are:

Do basic human rights come only from government or are they rooted in something that transcends government?

Is man’s inherent human nature fixed or does raw political power determine who is and is not a member of the human family?

Is law merely the construct of jurists and lawmakers or is it based on first principles of morals and justice?

Is the proper role of the judiciary to restrain/limit itself to interpreting law or does it possess de facto legislative powers?

Should the judiciary share power equally with the other two branches of government (the legislative and executive) or should its powers transcend them?




Good questions. I see this group submitted them to the Senate for Roberts' hearing, but I don't recall anybody asking anything about the first three questions.

I'd like to see Brownback asking the first three questions of her.


26 posted on 10/10/2005 11:26:52 AM PDT by Kryptonite
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To: HitmanNY

Roe is the left's pillar of judicial activist achievement.

Reversing it would be a severe blow to them. That's why I'm all for it, even if it means that people in the states decide to allow abortions in limited circumstances anyway.


27 posted on 10/10/2005 11:30:12 AM PDT by Kryptonite
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To: Kryptonite

That's fair and shows some clarity on the matter.


28 posted on 10/10/2005 11:32:08 AM PDT by HitmanLV
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To: HitmanNY
The constitution doesn't specifically endorse either the pro life or pro abortion position.

One of the foundational principles of this Republic is the unalienable right to life - read the Declaration of Independence. Furthermore, the Declaration states that "to secure these rights, governments are instituted amongst men." So, the Constiution and the government are established to PROTECT the rights of the innocent! This is THE American View. Anyone who doesn't hold this view has an un-american view.

Need more?

Preamble to the Constitution: "We, the people of the United States, in order to form a more perfect union, establish justice, provide for the defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity do ordain and establish this Constitution for the United States of America."

Unborn babies are our "posterity." 5th Amendment: "No person shall be...deprived of life, liberty or property without due process of law."

It seems your statement is blatantly false.

29 posted on 10/10/2005 11:33:43 AM PDT by SmartCitizen
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To: HitmanNY

Thanks


30 posted on 10/10/2005 11:33:59 AM PDT by Kryptonite
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To: TXBSAFH

I'm not. But W nominated her, says he trusts her and there's nothing there to cause me concern. Or jubilation. Any candidate with bumper stickers and rally posters about the right to life would be a sitting duck during confirmation. Plus there are a lot of more important issues that just that one. (oooooh! did he really say that?)


31 posted on 10/10/2005 11:34:28 AM PDT by epluribus_2
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To: Kryptonite

Yes, they are great questions for anyone who values the founding moral principles of this country.


32 posted on 10/10/2005 11:37:45 AM PDT by SmartCitizen
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To: SmartCitizen
Source you say.............. Gotcha one right cher.
The Peroutkas transferred parental responsibilities for Dawn Hubbard to the State of Maryland on her 17th birthday, May 1, 1992, and Holly met the same fate on the day after Thanksgiving 1992, when she was 15. The sisters, now in their late 20s and living outside of Maryland, say they never wanted to be estranged from their mother and have tried without success to reconcile with her several times since being removed from the Peroutka household more than a decade ago.

When my choices are between a GOP vs Dem I'll go with the GOP. Now you may take a 3rd party or the dems but that's not my leanings. Yes they both will spend money, one via the tax and spend method and the other via the borrow and spend method.

33 posted on 10/10/2005 11:38:37 AM PDT by deport
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To: SmartCitizen

No, it's not.

First, the Declsration of Independence isn't a document that the USSC is called upon to interpret. The principle you cite is valid, but it's not a matter of constitutional law.

Second, the preamble of the USC has never been cited as a source of any USSC opinion. Your emphasis on that shows you don't quite have a grasp of Constitutional law.

Last, a large part of the issue is whether a fetus is a 'person.' The problem with what you cite is that it doesn't shed light at all as to whether a fetus is legally a person. The Constitution is silent on the issue - the only thing that sheds some light is the requirement to be born in the USA to be a citizen of the USA. Born, not concieved or gestated.

The USC is silent on the issue. If you want an actviist to read it your way, that's fine - just be forthright that you want an activist judge. When you play that game, it's inevitable that your judges will be in the minority from time to time, and then you have no standing to call foul on the other side's activist judges.


34 posted on 10/10/2005 11:39:54 AM PDT by HitmanLV
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To: epluribus_2
Any candidate with bumper stickers and rally posters about the right to life would be a sitting duck during confirmation.

Shouldn't someone at least PUT UP A FIGHT and see? Are unborn persons worth FIGHTING for? Then, if it turns out that the Republican-led Senate will not confirm her, then what does that say about the values of many Republicans in the Senate? We already know many of them are RINOS. But, to submit a stealth nominee to avoid a fight...this is not leadership.

35 posted on 10/10/2005 11:41:25 AM PDT by SmartCitizen
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To: HitmanNY
Last, a large part of the issue is whether a fetus is a 'person.' The problem with what you cite is that it doesn't shed light at all as to whether a fetus is legally a person. The Constitution is silent on the issue - the only thing that sheds some light is the requirement to be born in the USA to be a citizen of the USA. Born, not concieved or gestated

Citizenship does not equal personhood. You obviously are not pro-life, so your attitude makes much more sense. So, you don't know whether it's a person or not right? So, when in doubt, kill it! If it is not a person, who can tell me at precisely what stage the unborn baby becomes a person? Do tell.

Of course, it's a person. The unborn is a unique human being that feels pain and looks like a tiny baby at 10 weeks! Abortion is killing - its stops a beating heart (try denying that!). If abortion is not killing a person - what are they killing? Tell me, WHAT IS THE DIFFERENCE BETWEEN A HUMAN BEING AND A PERSON? While you are at it, please name the creature that they are killing if not a person. A blob? A frog? You sound like a pro-choice liberal.

The USC is silent on the issue. If you want an actviist to read it your way, that's fine - just be forthright that you want an activist judge. When you play that game, it's inevitable that your judges will be in the minority from time to time, and then you have no standing to call foul on the other side's activist judges.

Wrong. The USSC said that a first trimester fetus is not a person. MAN HAS SPOKEN! So, Harry Blackmun says it is not a person - that settles it as a matter of fact, right? Wrong!

36 posted on 10/10/2005 11:53:56 AM PDT by SmartCitizen
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To: deport
The Peroutkas transferred parental responsibilities for Dawn Hubbard to the State of Maryland on her 17th birthday, May 1, 1992, and Holly met the same fate on the day after Thanksgiving 1992, when she was 15. The sisters, now in their late 20s and living outside of Maryland, say they never wanted to be estranged from their mother and have tried without success to reconcile with her several times since being removed from the Peroutka household more than a decade ago.

Well now, that is very interesting.

So all the people in this thread trumpeting their superior priniciples are voting for a man who kicked his minor step daughters out of his house, got a restraining order against one of them, and spent the girl's SS checks from her dead father.

Yep, those superior principled folks can really be proud of themselves.

37 posted on 10/10/2005 11:56:32 AM PDT by Columbine
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To: SmartCitizen

I am pro life but I do have enough clarity to see that the USC doesn't forbid or endorse abortion.

Do you want activist judges or not?


38 posted on 10/10/2005 12:02:44 PM PDT by HitmanLV
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To: deport
The following spring, as she was being treated by Johns Hopkins Medical psychiatrist Dr. Paul McHugh, Dawn Hubbard began to doubt the veracity of her memories of sexual abuse. By the fall of 1993, she was convinced they weren't real, but the result of a phenomenon known as false-memory syndrome. When Dawn attempted to deliver a letter to that effect to her parents, Diane Peroutka had her arrested for trespassing; Diane Peroutka had tried to do the same to to a visiting Holly Hubbard in June 1993, but the police wouldn't charge Holly. Shortly thereafter, Dawn appeared on the Phil Donohue Show with representatives from the False Memory Syndrome Foundation, and recanted her sexual abuse allegations to a national television audience. Still, the Peroutkas have rebuffed Dawn and Holly Hubbard's subsequent attempts at reconciliation.

I don't think you can conclude from this case that the Pertouka does't stand for family values. You weren' there were you and you don't know the specifics of precisely what happened or the relationship with the daughtes, do you? First, Dawn was not a little girl when she falsely accused her step-dad of abuse (and later recanted!). I know I wouldn't want an older teenager around who hated me and made such false accusations against me! - at the coaching of a social worker no less. I don't blame them for making he a ward of the state. And we see that neither parent was ever charged with anything.

So, what is it that Peroutka did wrong? Not reconciling with his daughters? I think that unless you have some inside knowledge of the case, you don't have the right to make any conclusions about the Peroutka's family values. It borders on libel, and you better be careful what you say in this forum as you are subject to libel laws.

39 posted on 10/10/2005 12:09:20 PM PDT by SmartCitizen
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To: HitmanNY
I am pro life but I do have enough clarity to see that the USC doesn't forbid or endorse abortion.

You aren't pro-life! Who are you kidding? If the unborn are persons, then the USC does indeed protect them. And it is self-evident that they are. If the 10-week old unborn baby is not a person, then why does it look like one? Huh? If it looks like a duck...

And the burden is ON YOU to show that they are not! You didn't answer my questions slick. What is it that is being killed? When does the unborn become a person if not from conception? Try answering that!

I can see you aren't prepared to argue any of the issues related to this. Just follow your leader...but make sure you keep those blinders on.

40 posted on 10/10/2005 12:12:45 PM PDT by SmartCitizen
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