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Wednesday, January 27, 2010

The End Of Roe v. Wade?

Last week's Constitution-defending, earth-shattering Supreme Court ruling in the Citizens United v Federal Election Committee suit, where in a 5-4 vote, major provisions of the McCain-Feingold Act were shot down, sent liberals in a tizzy.

Said Sen Chuck Shumer: “We will regret the day this decision has been issued.” He also wants to hold hearings on the court's decision. Where's that in the Constitution? Oh yeah - liberals read things that aren't there, and ignore passages that are. Forgot that for a second.

President Obama said it gave "a green light to a new stampede of special-interest money in our politics," particularly "big oil, Wall Street banks, health-insurance companies and the other powerful interests" Big Unions, Big Law, etc. etc. If there's one thing liberals hate, it's a level playing field.

But the bloviating and posturing on the elimination of 'fairness' in elections is just a show. Although the case revolved about the issue of free speech, this ruling was much more than about free speech. The decision may have a direct impact on the so-called right to have an abortion. And that, I believe, is what is causing the liberals' heads to explode. Contributions from corporations and unions don't really bother them, because the liberals are on the receiving end anyway - it's not like they'll be losing anything as a result of the ruling. No - what concerns them is that the way is being paved to strike down the law that permits nearly unfettered access to their most unHoly sacrament - abortion on demand.

From Justice Roberts Hints He Could Overturn Roe by Theodore Kettle

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.”

The ruling on McCain-Feingold was a shot across the bow, and the liberals know that the next round - overturning Roe v. Wade - will be a direct hit. While it's anyone's guess when such a ruling would be made, Chief Justice Roberts is laying the foundation now.

Which only reinforces the fact that the elections really do matter.