AMERICA NEEDS A SOLID JURIST
AMERICA NEEDS A SOLID JURIST!
George W. Bush has honored his commitment to you and the rest of the nation by nominating Judge John Roberts to fill the Supreme Court vacancy left by Justice Sandra Day O’Connor. Judge Roberts’ nomination was met with enthusiasm by pro-life and pro-family organizations across the nation. Let us tell you what the confirmation of John Roberts on the US Supreme Court means to our nation.
Who is Judge John Roberts?
Judge Roberts currently serves on the US Court of Appeals for the District of Columbia. He was nominated by President Bush in 2001 and confirmed unanimously by the Senate in May 2003. He graduated from Harvard with honors and is considered to be one of the best legal minds of his generation. He has a solid reputation and impeccable credentials.
Judge and Mrs. Roberts married in their 40s. They were unable to conceive, so in their own words were, “blessed to be able to adopt a couple of adorable young kids”. Mrs. Roberts served as executive vice president of the pro-life Washington, DC based group, Feminists for Life.
Both Republicans and Democrats admire Judge Roberts for his intellect, sound judgment, integrity and demeanor on the Court. He also has the highest possible rating from the American Bar Association.
Liberal pro-abortion activists and senators like Hillary Clinton, Ted Kennedy and Barbara Boxer are frustrated. They have no paper trail that would likely derail his nomination to the nation’s highest court. So far, his rulings and writings have not included highly controversial issues.
America Needs a Solid Jurist
Many legal experts on both sides of the abortion controversy believe that Roe v. Wade was a bad legal decision. They rightly feel the Court basically invented a right to abortion in the Constitution. Legal abortion was never a law passed by Congress. Instead it was an edict forced on our nation by the Supreme Court, which has affected every American citizen.
Judge Roberts has a history of being a “strict constructionist” on the Appellate Court. This means he interprets the Constitution and doesn’t legislate from the bench. He considers the Constitution a legal document and takes it literally. It’s not likely we will see him support a “right” to abortion if it isn’t in the Constitution — and it’s not.
On the other hand, many liberals look at the Constitution as a “living, breathing document” that changes with the times. Such a document can only represent the personal values of the Justices, not the American people. The Constitution must be viewed as etched in stone and can only be amended by the voice of the people, not the courts.
The role of the Supreme Court is to interpret the Constitution and decide questions of federal law. The role of Congress is to enact legislation and be representatives of the American people. When the Court wrongly takes on the role of Congress, they become judicial activists.
Never before has there been such an urgent need to clearly define the laws of separation of powers. By this, we mean the specific roles of the legislative and judicial branches of government. The night President Bush announced Judge Roberts as his nominee, Senator Charles Schumer (D-NY) said, “The Supreme Court makes law.” This demonstrates a fundamental and frightening ignorance on the part of some of our nation’s leaders. “Making law” is the exclusive constitutional right of Congress. It is an area that the judicial branch should absolutely steer clear of. Their job is to only interpret the constitutionality of federal laws when a conflict arises.
How would John Roberts’ confirmation affect your life and our society? President Bush knows this well. He said, “When a President chooses a Justice, he’s placing in human hands the authority and majesty of the law. The decisions of the Supreme Court affect the life of every American.” The President is right. The Court’s Roe v. Wade decision has killed over 45 million Americans.
Roe v. Wade
What exactly did Roe do? Roe and its companion case, Doe v. Bolton, invalidated laws in all 50 states that protected unborn babies. By a vote of 7 to 2, these black-robed justices declared a whole segment of society, preborn children, to be non-humans. Roe legalized abortion-on-demand throughout the entire nine months of pregnancy.
Not since 1857 in the Dred Scott decision did the Supreme Court demonstrate such raw judicial activism. Then, they declared black people the property of slave owners. Now, they say unborn babies are the property of their mothers — each legally killed at the will of their “owners.”
Every year about 1.2 million babies are sacrificed on the altar of “choice.” Each day over 3,300 babies die in abortion mills across America. That’s one every 23 seconds. Roe v. Wade has inflicted a terrible American holocaust upon our nation. It’s a modern-day tragedy that must be stopped.
Correcting Roe
What happens if Roe is corrected? Many mistakenly believe that all unborn babies will be protected from abortion if the Supreme Court corrects Roe. Sadly, this is not the case. Currently, only 7 states have laws on their books that will protect the unborn after Roe. They are Louisiana, Rhode Island, South Dakota, Arkansas, Michigan, Oklahoma and Wisconsin. Further, this only represents 10% of the nation’s population. Even after Roe, it is estimated one million babies will die from abortion every year.
But then states will once again have the power to protect innocent human life. It is easier to hold state legislatures more accountable to their citizens than Congress. This is a political environment where grassroots pro-life advocates can make substantial gains. No, correcting Roe isn’t the final answer, but it’s a huge step in the right direction.
Will Back-Alley Abortions Return?
Without Roe will back-alley abortions kill thousands of women? Before the legalization of abortion, this was the primary argument by pro-abortion activists to change the law. If Roe is corrected pro-abortion activists and politicians will once again drag out this tired old untruth to frighten the public into accepting abortion-on-demand. Pro-abortion Senator Barbara Boxer from California recently said correcting Roe would mean that a minimum of 5,000 women would die every year from illegal abortions.
This is not true! Even the Senator can’t possibly believe her own political rhetoric. Dr. Bernard Nathanson was instrumental in legalizing abortion in the 70s but is now pro-life. He readily admits that they fabricated a high number of deaths from illegal abortion and were surprised when the media repeated it. The same dishonest ploy will be used again to protect abortion throughout pregnancy.
The year before Roe only 39 women died from illegal abortions, not the tens of thousands pro-abortion activists reported. Each death was a tragedy, but pales in comparison to the tens of millions of babies who have been killed by legal abortion. In addition, women die every year in America from so-called safe, legal abortions.
How will a John Roberts confirmation to the Supreme Court affect abortion? First, it’s a misconception to believe at this time a pro-life Justice will mean the end of Roe. Currently the vote on the Court is 6 to 3 in support of Roe. Not only do we need to replace Justice Sandra Day O’Connor with a pro-life vote, but we must also do the same with a possible Rehnquist vacancy and one more after that. Then and only then will we have a majority on the Supreme Court to correct Roe v. Wade.
What You Can Do
Judge Roberts may have the opportunity to impact the well-being of our nation for the next 30 years. Now that you know what’s at stake, please do what you can to secure a positive outcome for unborn babies. Share this information with family, friends, coworkers and church members. Encourage them to share their feelings with Senators Saxby Chambliss (202-224-3521) and Johnny Isakson (202-224-3643.
Reprinted with permission from Life Issues Institute
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