The ‘Legal’ History

News: Video Reports
by William Mahoney, Ph.D.  •  •  December 2, 2021   

Judicial activism at its finest

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Most Americans know about Roe v. Wade, but few know about the accompanying case, Doe v. Bolton. So far, the Supreme Court's history of ruling on abortion has been one of continuing to grant judicial approval to the Culture of Death. Church Militant's William Mahoney has more on the key Supreme Court decisions that brought things to where they are today.

In 1973, the Supreme Court ruled the U. S. Constitution protects the legal killing of babies at any time during a mother's pregnancy. On Jan. 22 of that year, a 7–2 majority twice ruled in favor of abortion, green-lighting prenatal homicide in both Roe v. Wade and in Doe v. Bolton.

In Roe v. Wade, Justice Harry Blackmun, who penned the majority opinion, invented a non-medical, arbitrary three-trimester framework for rationalizing abortions at different times of the child's development. The trimester system allowed for varying restrictions and prohibitions after the first trimester, based on "health."

In Doe v. Bolton, Blackmun, who again penned the majority opinion, defined "health" in the broadest terms, writing "the medical judgment may be exercised in the light of all factors — physical, emotional, psychological, familial and the woman's age."

This broad definition established abortionists as judges, juries and executioners, legally free to practice their morbid craft for virtually any reason during all so-called trimesters. 

The alleged constitutional justification came from a specious misinterpretation of due process in the 14th Amendment.

That reinterpretation was the last step in a series of Supreme Court cases that redefined the 14th Amendment's "equal protection" and "right to privacy" clauses.

In the 1965 case, Griswold v. Connecticut, the Supreme Court held married couples, under equal protection, could obtain and use contraceptives.

Then, in the 1972 case, Eisenstadt v. Baird, the Supreme Court held, under equal protection, even unmarried couples could obtain and use contraceptives.

And finally, in 1973, the Court held the right to privacy included individuals and abortion. 

Justice Antonin Scalia: "My Court, in recent years, has invented what is called 'substantive due process' by simply saying 'some liberties are so important that no process would suffice to take them away.' And that was the theory that was used in Roe v. Wade. And it's a theory that is simply a lie."

Almost 20 years later, in the 1992 case, Planned Parenthood v. Casey, the Supreme Court pivoted from the trimester framework and invented a new test for evaluating state restrictions on abortion: "undue burden."

The undue burden standard has also made it easier for organizations like Planned Parenthood to profit from killing babies and selling their remains.

Planned Parenthood employee: "We've been very good at getting heart, lung, liver because we know that [it's profitable], so I'm not gonna crush that part. I'm going to basically crush below, I'm gonna crush above, and I'm gonna see if I can get it all intact."

If the Supreme Court turns to precedent, it will please Planned Parenthood and its ilk, who daily take life to fill their bank accounts with blood money. If the Supreme Court turns to truth, it will please God, who daily gives life to fill Heaven with those who love Him.

Neither Roe, who was actually Norma McCorvey, nor Doe, who was actually Sandra Cano, actually aborted their children. Both became staunch pro-life advocates.

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