Supreme Fight

News: Campaign 2020Commentary
by Joseph Enders  •  •  September 21, 2020   

The death of Ruth Bader Ginsburg

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The future of Roe v. Wade hangs in the balance after the death of Supreme Court justice Ruth Bader Ginsburg. She was known as the court's most vociferous advocate for abortion rights. Ginsburg routinely dissented on major cases that would restrict the killing of innocents in the womb.

The media — on the left and on the right — is celebrating her life and mourning her death, praising her legal legacy. Her approach to the Constitution stood in stark contrast to that of her close friend, the late Justice Antonin Scalia. While he was an originalist who adhered strictly to the original meaning of the Constitution, Ginsburg was known as a judicial activist who took a more fluid approach to interpreting the Constitution, which she saw as a "living" document.

While Ginsburg openly admitted that Roe v. Wade was a poorly reasoned decision that resulted in needless polarization, she repeatedly reaffirmed it in her court decisions.

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Justice Clarence Thomas, a Catholic who supports natural law jurisprudence, issued a kind statement on Ginsburg's death — even as he frequently locked horns with his colleague.

"My wife, Virginia, and I are heartbroken to learn of the passing of our friend, Justice Ruth Bader Ginsburg," he wrote over the weekend. "Through the many challenges both professionally and personally, she was the essence of grace, civility and dignity. ... And, as outstanding as she was as a judge, she was an even better colleague — unfailingly gracious, thoughtful, and civil."

In a contentious case last year that upheld Indiana's law requiring that aborted babies' remains be cremated or buried (while leaving untouched lower court rulings invalidating Indiana's ban on abortions based on race, sex or disability), Thomas published a 20-page opinion outlining the history of eugenics and why the Supreme Court must eventually confront this crucial aspect of abortion legislation.

Thomas published a 20-page opinion outlining the history of eugenics.

In response to a dissenting opinion from Ginsburg (a dissent which panned the majority opinion allowing the fetal-remains law to stand), Thomas wrote, "Justice Ginsburg's dissent from this holding makes little sense."

The celebratory chants of America's media and law community are drawing concerns from the nation's pro-life Catholics, who understand that she — while pushing for women in the workplace and military — also facilitated the murder of millions of the innocent unborn.

To learn about what's at stake in the High Court battle, watch The Download — Supreme Fight.

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