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Just another day  4/18/2007

                                  

SUPREME COURT UPHOLDS FIRST NATIONWIDE BAN ON AN ABORTION PROCEDURE

 

Pro-life organizations claim a great victory.  Some consider this as evidence that incremental efforts to end abortion are working.

This ruling furthered the unconstitutional Roe v Wade decision and this was embraced by Bush's appointees, Roberts and Alito.  To their credit, Scalia and Thomas made a stand against Roe

First, as previously explained, the bill against partial birth abortion adopted in 2003 will not save a single baby, even according to the main bill sponsor, Senator Rick Santorum.  So why all the fuss?  Why go through all the legal battles, not to save a single child?  Good question.

 

Quote from Court Opinion of Gonzales v Carhart, p 10-11  http://www.supremecourtus.gov/opinions/06pdf/05-380.pdf

"Abortion methods vary depending to some extent on the preferences of the physician and, of course, on the term of the pregnancy and the resulting stage of the unborn child’s development. Between 85 and 90 percent of the approximately 1.3 million abortions performed each year in the United States take place in the first three months of pregnancy, which is to say in the first trimester. Planned Parenthood, 320 F. Supp. 2d, at 960, and n. 4; App. in No. 05–1382, pp. 45–48. The most common first-trimester abortion method is vacuum aspiration (otherwise known as suction curettage) in which the physician vacuums out the embryonic tissue. Early in this trimester an alternative is to use medication, such as mifepristone (commonly known as RU–486), to terminate the pregnancy. Nat. Abortion Federation, supra, at 464, n. 20. The Act does not regulate these procedures. 

Of the remaining abortions that take place each year, most occur in the second trimester. The surgical procedure referred to as “dilation and evacuation” or “D&E” is the usual abortion method in this trimester. Planned Parenthood, 320 F. Supp. 2d, at 960–961. Although individual techniques for performing D&E differ, the general steps are the same...

The doctor grips a fetal part with the forceps and pulls it back through the cervix and vagina, continuing to pull even after meeting resistance from the cervix. The friction causes the fetus to tear apart. For example, a leg might be ripped off the fetus as it is pulled through the cervix and out of the woman...

Doctors performing D&E will know that if they do not deliver a living fetus to an anatomical landmark they will not face criminal liability... Because a doctor performing a D&E will not face criminal liability if he or she delivers a fetus beyond the prohibited point by mistake, the Act cannot be described as “a trap for those who act in good faith.” Colautti, supra, at 395 (internal quotation marks omitted)." (page 26)
 

This doesn't call for a smart strategy, it screams that we unwaveringly call abortion what it really is and to use zealous, righteous anger to condemn this evil.  And to continue to reach out to those injured through abortions.  It calls for contagious conviction, seen in our outrage for the act and yet love for the deceived.   

In fact suppose, as it seems, that there is a current slight shift against abortions.  Legislative actions and court battles have not shown any benefit until perhaps this one.  Yet those who choose incremental attacks, have aided and abetted the abortionists as we try to reason with criminal behavior.  They inadvertently negate the abhorrent murderous actions that deserve extremely loud outcries from we who see it as a great evil, exposing this for what it is. 

Yet, abortion was recently dealt a full frontal attack from the South Dakota legislature and governor.  Who is to say that the South Dakota effort was less instrumental than the incremental approach in flavoring the mindset of the Supreme Court justices, actually allowing this minor 'victory'.  In fact, to hear some call abortion what it really is with conviction will cause those who lack convictions to recognize that perhaps they should rethink their positions.  The incremental approach lacks this power and therefore we have over 40 years of evil calling out for God's judgment on us.  Yes, us.  The Christians, including myself, have failed the most vulnerable of our citizens, the babies/fetuses, and God will hold us accountable for our failure.  This we should fear. 

Psalms 94: 20  Can a corrupt throne be allied with you--  one that brings on misery by its decrees?  21  They band together against the righteous  and condemn the innocent to death.  22  But the LORD has become my fortress,  and my God the rock in whom I take refuge.  23  He will repay them for their sins  and destroy them for their wickedness;  the LORD our God will destroy them.

 

Excerpt from Court Opinion of Gonzales v Carhart, p 13-16  http://www.supremecourtus.gov/opinions/06pdf/05-380.pdf

"Intact D&E gained public notoriety when, in 1992, Dr. Martin Haskell gave a presentation describing his method of performing the operation. Dilation and Extraction 110–111. In the usual intact D&E the fetus’ head lodges in the cervix, and dilation is insufficient to allow it to pass. See, e.g., ibid.; App. in No. 05–380, at 577; App. in No. 05–1382, at 74, 282. Haskell explained the next step as follows:

    “‘At this point, the right-handed surgeon slides the fingers of the left [hand] along the back of the fetusand “hooks” the shoulders of the fetus with the index and ring fingers (palm down).

“‘While maintaining this tension, lifting the cervix and applying traction to the shoulders with the fingers of the left hand, the surgeon takes a pair of blunt curved Metzenbaum scissors in the right hand. He carefully advances the tip, curved down, along the spine and under his middle finger until he feels it contact the base of the skull under the tip of his middle finger.“

‘[T]he surgeon then forces the scissors into the base of the skull or into the foramen magnum. Having safely entered the skull, he spreads the scissors to enlarge the opening.“

‘The surgeon removes the scissors and introduces a suction catheter into this hole and evacuates the skull contents. With the catheter still in place, he applies traction to the fetus, removing it completely from the patient.’” H. R. Rep. No. 108–58, p. 3 (2003).


This is an abortion doctor’s clinical description. Here is another description from a nurse who witnessed the same method performed on a 26½-week fetus and who testified before the Senate Judiciary Committee:

 “‘Dr. Haskell went in with forceps and grabbed the baby’s legs and pulled them down into the birth canal. Then he delivered the baby’s body and the arms—everything but the head. The doctor kept the head right inside the uterus. . . .“

‘The baby’s little fingers were clasping and unclasping, and his little feet were kicking. Then the doctor stuck the scissors in the back of his head, and the baby’s arms jerked out, like a startle reaction, like a flinch, like a baby does when he thinks he is going to fall. “

‘The doctor opened up the scissors, stuck a high-powered suction tube into the opening, and sucked the baby’s brains out. Now the baby went completely limp. . . . “

‘He cut the umbilical cord and delivered the placenta. He threw the baby in a pan, along with the placenta and the instruments he had just used.’”
Ibid.


Dr. Haskell’s approach is not the only method of killing the fetus once its head lodges in the cervix, and “the process has evolved” since his presentation. Planned Parenthood, 320 F. Supp. 2d, at 965. Another doctor, for example, squeezes the skull after it has been pierced “so that enough brain tissue exudes to allow the head to pass through.” App. in No. 05–380, at 41; see also Carhart, supra, at 866–867, 874. Still other physicians reach into the cervix with their forceps and crush the fetus’ skull. Carhart, supra, at 858, 881. Others continue to pull the fetus out of the woman until it disarticulates at the neck, in effect decapitating it. These doctors then grasp the head with forceps, crush it, and remove it. Id., at 864, 878; see also Planned Parenthood, supra, at 965.

Some doctors performing an intact D&E attempt to remove the fetus without collapsing the skull..."

Ginsburg, Stevens, and Breyer.  What a lasting legacy!!  You will be known in history epitomizing the bottom of the moral abyss.  You pretend to be wise and you became merely complicit, murderous fools.  How could anyone, even the worst serial killer try to justify such a method of killing?  Could we even claim we are a civilized nation when such despicable behavior is debated by our leaders?  We have further unbelievable evidence of just how far we have fallen. 

We will now will see more babies ripped apart in the uterus prior to being removed.  Yes, these human beings feel their new arms, hands and feet being amputated.  The foreign, cold, sharp steel instruments were new to the baby who, up to this point, only knew great comfort, softness and warmth.    

Kennedy is now considered the 'swing vote'.  The court (7-2) have set another precedence (stare decisis)  in this ruling by reaffirming the "right" of women to have an abortion.  This ruling, in the majority and dissenting opinion, has again erroneously reconfirmed abortions as constititional.  Instead of incrementally 'winning' as proponents would like to believe, we have further anchored the evil error with the false god of precedence.

Court Opinion of Gonzales v Carhart, p 39  http://www.supremecourtus.gov/opinions/06pdf/05-380.pdf

Cite as: 550 U. S. ____ (2007)                        
Opinion of the Court
* * *
"Respondents have not demonstrated that the Act, as a facial matter, is void for vagueness, or that it imposes an undue burden on a woman’s right to abortion based on its overbreadth or lack of a health exception. For these reasons the judgments of the Courts of Appeals for the Eighth and Ninth Circuits are reversed.
                                                                                      It is so ordered.

To their great credit, Thomas and Scalia added the following.  Note that Bush's appointees (Roberts and Alito) that were such 'good conservatives' did not join with Thomas's and Scalia's strong stand. 

They can't say they didn't have that option because they were in a lower court and must do as the Supreme Court had led, as they had claimed when being confirmed as their record was being reviewed (although they were really honest, the Christian 'leaders' were those who largely made these lying claims).  First, they could rule as they believed right as a lower court judge, even though it might be overturned on appeal, at least their own ruling would have been right.  Second, obviously they are not required to worry what a higher court might say...Except the Highest Court of God's judgment.  

Excerpt from Court Opinion of Gonzales v Carhart, p 47 http://www.supremecourtus.gov/opinions/06pdf/05-380.pdf

JUSTICE THOMAS, with whom JUSTICE SCALIA joins, concurring.    

I join the Court’s opinion because it accurately applies current jurisprudence, including Planned Parenthood of Southeastern Pa. v. Casey, 505 U. S. 833 (1992). I write separately to reiterate my view that the Court’s abortion jurisprudence, including Casey and Roe v. Wade, 410 U. S. 113 (1973), has no basis in the Constitution.

In fact, Alito has failed with abortion rulings here, an excerpt follows.

For example, Judge Alito in 2000 joined the majority to strike down a ban on partial birth abortions in New Jersey.  The case  Planned Parenthood Of Central New Jersey v. John Farmer, Jr., Attorney General of New Jersey case on appeal was filed on July 26, 2000.  Alito wrote: ...“That opinion fails to discuss the one authority that dictates the result in this appeal, namely, the Supreme Court’s decision in Stenberg v. Carhart, (U.S. June 28, 2000; which struck down a Nebraska law banning partial-birth abortion)"

Chief Justice Roberts appears similar with an excerpted example.  He worships the god of stare decisis according to his Senate confirmation hearings.  The subjective "law" based on precedence and current whims is more important than God's Law to our new Chief Justice! 

September 13, 2005 in discussion with Senator Feinstein:

Roberts: "So I don't know what that means when you say absolute separation. I do know this: that my faith and my religious beliefs do not play a role in judging. When it comes to judging, I look to the law books and always have. I don't look to the Bible or any other religious source."

Kennedy has multiple other rulings in his time on the bench regarding abortion.    Obviously, he is not against abortion.  See below.

http://www.unitedforlife.org/court_decisions.htm

Planned Parenthood of Southeastern Pennsylvania v. Casey,
505 U.S. 833 (1992)  By a sharply divided vote of 5-4, the Court reaffirmed the essential holding of Roe
JUSTICE O'CONNOR, JUSTICE KENNEDY, and JUSTICE SOUTER delivered the opinion of the Court with respect to Parts I, II, and III, concluding that consideration of the fundamental constitutional question resolved by Roe v. Wade, 410 U.S. 113 ,

Hodgson v. Minnesota,
497 U.S. 417 (1990)
Invalidated a Minnesota law requiring a two-parent notification without a procedure for judicial bypass of the notice requirement.  However, the Court upheld another provision that required two-parent notification but did include a procedure for judicial waiver, as well as a 48-hour waiting period for minors. JUSTICE STEVENS delivered the opinion of the Court with respect to Parts I, II, IV, and VII, concluding that subdivision 2 of 144.343 violates the Constitution insofar as it requires two-parent notification. Pp. 436-444, 450-455. JUSTICE STEVENS, joined by JUSTICE O'CONNOR, concluded in Parts V and VI that:

I strongly disagree with the Court's conclusion that the State may constitutionally force a minor woman either to notify both parents (or in some cases only one parent 2 ) and then wait 48 hours before proceeding with an abortion, or disclose her intimate affairs to a judge and ask that he grant her permission to have an abortion. See post, at 497-501 (opinion of KENNEDY, J.). Cf. ante, at 448-449 (opinion of STEVENS, J.) (finding that requiring minor to wait 48 hours after notifying one parent reasonably furthers legitimate state interest). [497 U.S. 417, 464]   First, the parental notification and delay requirements significantly restrict a young woman's right to reproductive choice. I base my conclusion not on my intuition about the needs and attitudes of young women, but on a sizable and impressive collection of empirical data documenting the effects of parental notification statutes and of delaying an abortion. Second, the burdensome restrictions are not narrowly tailored to serve any compelling state interest. Finally, for the reasons discussed in Part III, infra, the judicial bypass procedure does not save the notice and delay requirements.   

JUSTICE KENNEDY, with whom THE CHIEF JUSTICE, JUSTICE WHITE, and JUSTICE SCALIA join, concurring in the judgment in part and dissenting in part.

"`There can be little doubt that the State furthers a constitutionally permissible end by encouraging an unmarried pregnant minor to seek the help and advice of her parents in making the very important decision whether or not to bear a child. That is a grave decision, and a girl of tender years, under emotional stress, may be ill-equipped to make it without mature advice and emotional support.'" Bellotti v. Baird (Bellotti II), 443 U.S. 622, 640 -641 (1979) (opinion of Powell, J.) (quoting Planned Parenthood of Central Missouri v. Danforth, 428 U.S. 52, 91 (1976) (Stewart, J., concurring)); see also H.L. v. Matheson, 450 U.S. 398, 409 -411 (1981); id., at 422-423 (STEVENS, J., concurring in judgment); Danforth, supra, at 94-95 (WHITE, J., concurring in part and dissenting in part); id., at 102-103 (STEVENS, J., concurring in [497 U.S. 417, 481]   part and dissenting in part). Today the Court holds that a statute requiring a minor to notify both parents that she plans to have an abortion is not a permissible means of furthering the interest described with such specificity in Bellotti II. This conclusion, which no doubt will come as a surprise to most parents, is incompatible with our constitutional tradition and any acceptable notion of judicial review of legislative enactments. I dissent from the portion of the Court's judgment affirming the Court of Appeals' conclusion that Minnesota two-parent notice statute is unconstitutional.

Webster v. Reproductive Health Services,
492 U.S. 490 (1989)
In this 5-4 decision, the Court upheld provisions of a Missouri statute that (1) prohibited the use of public facilities or public personnel to perform abortions; and (2) in pregnancies of 20 weeks or more, requiring ultrasound tests to determine viability of the unborn child by measuring gestational age, weight, and lung maturity. REHNQUIST, C.J., announced the judgment of the Court and delivered the opinion for a unanimous Court with respect to Part II-C, the opinion of the Court with respect to Parts I, II-A, and II-B, in which WHITE, O'CONNOR, SCALIA, and KENNEDY, JJ., joined, and an opinion with respect to Parts II-D and III, in which WHITE and KENNEDY, JJ., joined. O'CONNOR, J., post, p. 522, and SCALIA, J., post, p. 532, filed opinions concurring in part and concurring in the judgment. BLACKMUN, J., filed an opinion concurring in part and dissenting in part, in which BRENNAN and MARSHALL, JJ., joined, post, p. 537. STEVENS, J., filed an opinion concurring in part and dissenting in part, post, p. 560. [p498]

Multiple other rulings.  See here- http://www.unitedforlife.org/court_decisions.htm

We should not fall for the distortion that the recent ruling with Kennedy in the swing spot is an example of any victory of the incremental approach.  Kennedy's ruling in this particular opinion may reflect a change over time not due to any incremental victories (there are none in 40 years) along the way but could represent either a line he refuses to cross in his malleable conscience or a change in his mindset, quite possibly seasoned with the commitment of a few non-compromising pro-lifers and the strong stand taken by South Dakota. 

The other point often made is that this is evidence President Bush's 'conservative' appointments are making a big difference.  Would Sandra Day O'Connor have joined in striking down this statute?  Doubtful.  The worthless law met all the requirements previously laid down by the courts, making it worthless.  She would have joined Kennedy, Rhenquist (or Roberts), Scalia and Thomas in this setting. 

Proponents of the incremental approach believe Gonzales v Carhart to be an incremental chip in the block, supposedly emulating William Wilberforce in England defeating slavery after approximately 22 years of efforts.  Wilberforce was fighting to end slavery and the horrible conditions the slaves were put through in overcrowded ships.  Yet, each of the ship captains desired the slaves to make it all the way to England.  They were not actively trying to kill the slaves.  They lost money when slaves died in transport.  Here, the abortionists make money when they kill the fetuses/babies, more appropriately a felonious crime, not negligence.

Additional problems with the Wilberforce analogy:

  1. The act of abortion is not just neglect or subjecting people to deplorable conditions, it is a horrific killing.

  2. If the fetus was an animal, not a human, animal rights laws would prosecute the abortionist.  Even slaves had the rights of animals. 

  3. Parliament and the courts would have hung abortionists for murder in that day and age.

  4. Wilberforce made laws in Parliament, ultimately ending slavery.  That is Congress' role today.  Only they have the power to make laws.  Not the overreaching courts.  In fact, Congress has passed bill after bill against the practice of abortion only to find these courts unconstitutionally overturn such acts.  

  5. Strategies against the murderous act of abortion are foolish.  We don't try to incrementally decrease a murderer's ability to kill again.  We, (theoretically) through punishment/rehabilitation, want the murderer to never do it again. 

Again, this ruling is no evidence the incremental approach works.  Remember legalized abortion started in 1973 and we have yet to see real governmental change with the exception of the thankful changing of attitudes as the dirty laundry of the abortion industry is aired.  We can only hope Justice Kennedy is awaking from reconsidering what abortion does to human life.  Unwavering commitment is the only solution to change the hearts and minds of those advocating abortion. Perhaps exposure of what the 'procedure' is will help awaken people.  Otherwise, we invite God's righteous judgment upon our nation for the innocent blood spilled, as occurred with slavery and the Civil War.

We should fear Him more than terrorists.  God is our greatest danger to 'our way of life'. 

Without God's direction in our lives and without His protection, we see more Drudge Report headlines on the same day.

On this same day, 4/18/2007, in the Drudge Report

4 Bombs Kill 157 People in Baghdad...

NEW SCARE: Virginia Tech building evacuated, police swarm with guns drawn...

Threats Rattle Schools in 10 States...

REPORT: Killer's parents hospitalized 'with shock'...

Some Students Forgive Virginia Tech Killer...

'He was my roommate'...



Wrote About Death and Spoke in Whispers...

Gun lobby prepares for battle over rights...

ROANOKE TIMES: DETAILS...

COLLEGIATE TIMES...



British Pound Breaks Through $2...

Northeast storm leaves remarkable wake, breaks April snow & rain records...
 

We are under judgment.  Only God can rescue us.  Yet it requires us to first repent.

 

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