Time to overturn Roe v. Wade with Brett Kavanaugh

The present circus orchestrated by the Dems surrounding the Kavanaugh hearing is further evidence that the Supreme Court should repeal Roe v. Wade and Planned Parenthood v. Casey, the two abortion decisions.

Aside from the obvious argument that the Court invented a right of privacy in 1973 to create a constitutional right to abortion, which is not based on a fair reading of the Constitution, the present Democratic temper tantrum shows that the Court by its abortion decisions has assumed the role of a political legislature.  The Dems fight bitterly to block Kavanaugh because he may be the vote to overturn Roe.  The process resembles a bitter political election, not a judicial appointment.

The Court overstepped its role under our separation of powers and federalism.  The Court stripped the states of their power to regulate abortion by declaring abortion a constitutional right so that every law passed by the fifty states dealing with abortion must end up before the Supreme Court for its approval.

If the Court overturns Roe, that does not mean that abortion will be illegal.  It means that each state can then enact laws voted upon by the state Legislature, signed by the state governor, and reviewed if necessary by the supreme appellate court of the state to be sure it complies with the state constitution.  It is inconceivable that states like New York, California, and New Jersey would vote to outlaw abortion altogether.  The most likely result is that abortion would be allowed up to ten or fifteen or twenty weeks, depending on the state.

The laws dealing with abortion would be made by each state.  This is how federalism should work.

The Court, though, removed the abortion issue from the states.  This has resulted in the Supreme Court nominations by Republican presidents being as contested as presidential elections.

The Dems and the media view abortion as a sacrament that must be protected at all costs, including the destruction of Robert Bork and Clarence Thomas.  For example, the Dems, led by Teddy Kennedy and Joe Biden, defamed and destroyed Judge Robert Bork, one of the finest judges in our history, because they saw him as vote to repeal Roe.

They tried the same against Justice Thomas but failed on a close vote of 52-48.

Clinton and Obama appointed reliable leftists who protect abortion.  But nominees by Republican presidents are subjected to incredible scrutiny and questioning as if they were criminals.  For the past two days, Democrat senators, when not attacking President Trump, were asking Brett Kavanaugh abortion-related questions.

The Dems use the Supreme Court nomination process to scare and solidify their base and to raise money.  The Dem members on the Judiciary Committee use the hearing to pander to their base and to MSNBC and CNN, especially the presidential contenders such as Kamala Harris and Cory Booker.

Simply stated, the Court, by removing the abortion issue from the political arena, the legislatures of each state, and Congress, has become so powerful that nominations to the Supreme Court by Republican presidents have become scorched earth political warfare.  This is not the proper role of the courts.

The present circus orchestrated by the Dems surrounding the Kavanaugh hearing is further evidence that the Supreme Court should repeal Roe v. Wade and Planned Parenthood v. Casey, the two abortion decisions.

Aside from the obvious argument that the Court invented a right of privacy in 1973 to create a constitutional right to abortion, which is not based on a fair reading of the Constitution, the present Democratic temper tantrum shows that the Court by its abortion decisions has assumed the role of a political legislature.  The Dems fight bitterly to block Kavanaugh because he may be the vote to overturn Roe.  The process resembles a bitter political election, not a judicial appointment.

The Court overstepped its role under our separation of powers and federalism.  The Court stripped the states of their power to regulate abortion by declaring abortion a constitutional right so that every law passed by the fifty states dealing with abortion must end up before the Supreme Court for its approval.

If the Court overturns Roe, that does not mean that abortion will be illegal.  It means that each state can then enact laws voted upon by the state Legislature, signed by the state governor, and reviewed if necessary by the supreme appellate court of the state to be sure it complies with the state constitution.  It is inconceivable that states like New York, California, and New Jersey would vote to outlaw abortion altogether.  The most likely result is that abortion would be allowed up to ten or fifteen or twenty weeks, depending on the state.

The laws dealing with abortion would be made by each state.  This is how federalism should work.

The Court, though, removed the abortion issue from the states.  This has resulted in the Supreme Court nominations by Republican presidents being as contested as presidential elections.

The Dems and the media view abortion as a sacrament that must be protected at all costs, including the destruction of Robert Bork and Clarence Thomas.  For example, the Dems, led by Teddy Kennedy and Joe Biden, defamed and destroyed Judge Robert Bork, one of the finest judges in our history, because they saw him as vote to repeal Roe.

They tried the same against Justice Thomas but failed on a close vote of 52-48.

Clinton and Obama appointed reliable leftists who protect abortion.  But nominees by Republican presidents are subjected to incredible scrutiny and questioning as if they were criminals.  For the past two days, Democrat senators, when not attacking President Trump, were asking Brett Kavanaugh abortion-related questions.

The Dems use the Supreme Court nomination process to scare and solidify their base and to raise money.  The Dem members on the Judiciary Committee use the hearing to pander to their base and to MSNBC and CNN, especially the presidential contenders such as Kamala Harris and Cory Booker.

Simply stated, the Court, by removing the abortion issue from the political arena, the legislatures of each state, and Congress, has become so powerful that nominations to the Supreme Court by Republican presidents have become scorched earth political warfare.  This is not the proper role of the courts.