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Posted on 01/25/2010 11:34:34 AM PST by Titus Quinctius Cincinnatus
Chief Justice John Roberts last week made it clear that the Supreme Court over which he presides will not hesitate to sweep away its own major constitutional rulings when doing so is necessary to defend America’s bedrock governing document.
The announcement of that guiding core principle means two very big things. First, Roberts and his fellow strict constructionists on the court are now armed and ready with a powerful rationale for overturning the 1973 Roe v. Wade abortion ruling if Justice Anthony Kennedy or a future justice becomes the fifth vote against Roe.
Secondly, successfully placing Roberts atop the high court is beginning to look like former President George W. Bush’s most important legacy – a gift that will keep on giving for conservatives for decades.
In last Thursday’s 5-to-4 Citizens United v. Federal Election Commission ruling dismantling the McCain-Feingold campaign law, Roberts joined with fellow Bush appointee Justice Samuel Alito to issue a separate concurrence “to address the important principles of judicial restraint and stare decisis implicated in this case.”
While Roberts conceded that “departures from precedent are inappropriate in the absence of a ‘special justification,’” he quickly added that “At the same time, stare decisis is neither an ‘inexorable command’… nor ‘a mechanical formula of adherence to the latest decision’ … especially in constitutional cases,” noting that “If it were, segregation would be legal, minimum wage laws would be unconstitutional, and the Government could wiretap ordinary criminal suspects without first obtaining warrants.”
Instead, under the “stare decisis” judicial doctrine of respecting past rulings, “When considering whether to re-examine a prior erroneous holding, we must balance the importance of having constitutional questions decided against the importance of having them decided right.” The chief justice declared: “stare decisis is not an end in itself.”
(Excerpt) Read more at newsmax.com ...
Let's not forget he "had a little help from his friends" on the SC nominations. Let's not forget his first choice was that intellectual giant, Harriet Myers.
My heart literally skipped a beat in happiness when I read that headline!! From the author’s fingers to God’s ears!!!
May the Unborn Holocaust end in my lifetime!!! :*)
Can you refresh my memory?
Thanks.
For real??????? The dimocrats would go nuts.
Your tagline says it all, Salvation. :)
Life at Conception Act, if passed, would define life as beginning at conception. If that happened, the Preamble, 5th, and the 14th amendments would apply to protecting the lives of the unborn. An admission made by the court in their Roe v. Wade ruling when Justice Blackmun wrote;
If this suggestion of personhood is established, the appellant’s case, of course, collapses, for the fetus’ right to life would then be guaranteed specifically by the Amendment.
Now the time to grovel before the Supreme Court is over.
Working from what the Supreme Court ruled in Roe, pro-life lawmakers can pass a Life at Conception Act and end abortion by using the Constitution instead of amending it.
A simple majority vote is all that is needed to pass a Life at Conception Act as opposed to the two-thirds required to add a Constitutional amendment.
When the Supreme Court handed down its now-infamous Roe v. Wade decision, it did so based on a new, previously undefined "right of privacy" which it "discovered" in so-called "emanations" of "penumbrae" of the Constitution.
Never once did the Supreme Court declare abortion itself to be a Constitutional right. Instead the Supreme Court said:
"We need not resolve the difficult question of when life begins . . . the judiciary at this point in the development of man's knowledge, is not in a position to speculate as to the answer."
37 years have passed, and man's knowledge has increased tremendously. Ultra-sounds and 3-D imaging are now common place, showing the growth and development of the unborn child. 37 years ago one could barely detect a heart beat until one was 3 or 4 months pregnant. Today one can witness the movements of a 2 month old unborn child.
8 week old unborn baby -- 
Agreed! You have noticed the BDSers will not admit this, of course.
Which, ironically, is just what we had before Roe. Some states were liberal about allowing abortion for most any damn reason, some states were quite restrictive. It is virtually certain, however, that in most cases the situation reflected the wishes of the people of the several States more faithfully than the current wide-open holocaust, the worst in the civilized world.
True. Thank you, President Bush.
I love the man... a full grown adult manly man crying....
GODSPEED JUSTICE ROBERTS! GODSPEED!
They won't even give truthful statements about who chose CJ Roberts. It's pathetic, IMO.
I truly believe that the selection of Roberts and Alito by President Bush is the thread that's holding this country together until we can get rid of these Marxists in power.
And I say again, God BLESS President Bush for choosing these two fine originalist Justices.
Wow!
And this will return the abortion question back to the states.
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Prayer bump
There are dozens of possibilities that all result in the elimination of abortion. Some of those possibilities also work in the elimination of the abortionists.
If we’re still around to see it. Glad to see someone understands how important this issue is.
“Oh yes, I think it would. 10th amendment and all that. The thing is, we’d get a real patchwork quilt of abortion laws. In New York, abortion would probably be legal into the 3rd trimester, in Virginia maybe it would be legal in cases of rape or incest. In Texas maybe it would be illegal everywhere. So then people would go across state lines and eventually the Supremos would declare it was a matter of interstate commerce and regulate it anyway. A federally protected right to abortion is a sacred cow to liberals, they will not let it go.”
Gee, that sounds similar to what prompted the 14th amendment. How can you be a person in one state and not a person in another? :D
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