Author’s note: this article contains graphic images of aborted babies because only by seeing this nightmare can one truly understand the horror that is abortion.
By now we all know that Supreme Court Justice Anthony McLeod Kennedy will officially retire at the end of July bringing his thirty years on the bench to an end. Nominated to the Supreme Court by President Ronald Reagan in 1987, Kennedy was sworn in on February 18, 1988. And while Justice Kennedy has been a staunch conservative on our all important Second Amendment rights, he has shown himself to be more socially liberal regarding gay rights, gay marriage, and abortion rights as he voted with the left side of the High Court on these issues…issues that really belonged solely with the states, should have stayed with the states or been relegated back to the states.
In other words, Justice Kennedy has been the “swing vote” with us never really knowing on whose side of an issue his vote would be cast. And this uncertainty made Kennedy the most important justice on the bench.
And while Kennedy’s pro-gay votes brought consternation from some mainstream conservatives as well as expected from the uber religious far right, Kennedy’s decisions were grounded in constitutional law alone…meaning his vote was cast as it should be whether some liked it or not.
But as much of a hot-button issue as gay rights and gay marriage was then, it will be seen as a cake-walk compared to the brouhaha we will now find ourselves embroiled in as overturning Roe v. Wade has become the calling card of the pro-life movement being fuel on with the announcing of Justice Kennedy’s retirement. An ongoing issue always hovering in the background, the right to abortion has divided this country since 1973 when Roe v. Wade* became the law of our land after the High Court ruled that the constitutional rights to “privacy and liberty” protected a woman’s right to terminate her pregnancy, and that access to abortion is a “fundamental right” that states could only regulate (before fetal viability) if there was a “compelling state interest.”
And while Roe v. Wade was long the law by the very time Justice Kennedy took his place on the bench, he showed himself to play both sides of the proverbial coin, if you will, when it came to the issue of abortion. Voting with the left side of the court to uphold abortion rights in several later day key cases including the landmark 1992 ruling Planned Parenthood v. Casey (a decision which changed the legal standard by which restrictions on abortion are evaluated), Kennedy stated in his decision that while abortion does fall within the “liberty” protected by the Constitution, he also found at the same time that states may “enact persuasive measures which favor childbirth over abortion, even if those measures do not further a health interest.” This meant that a state could limit women’s access to abortion, as long as it did not place an “undue burden” on her ability to “terminate a pregnancy.”
And Kennedy also sided with the left side of the High Court in the 2016 case Whole Woman’s Health v. Hellerstedt, which overturned a Texas law that placed additional health regulations on clinics that perform abortions.
But then, just a few short weeks ago, Justice Kennedy proved the power of his swing vote when this time he sided with the conservative majority in NIFLA v. Becerra. In his opinion that compared California’s requirements for crisis-pregnancy centers to the free-speech restrictions imposed by authoritarian regimes. And Kennedy rightfully based this decision upon his interpreting the words of the Constitution…as it should be…instead of advocating his personal Roman Catholic anti-abortion beliefs from the bench.
And while his first two decisions made Kennedy at least somewhat palatable to both the left and the pro-abortion sorts, his third decision was a harbinger of doom for the left…for the Democrats…were now forced to face the harsh reality that elections do indeed have consequences and that Kennedy’s retirement affords his replacement being the choice of President Donald Trump and not the choice of the woman they still to this day believe was denied the presidency she claimed she was entitled to.
In other words ‘We the People’ and America win yet again and we ain’t tired of winning yet.
So while we in the end…and I say in the end because Democrats have already stated that they will fight anyone Trump nominates…another constitutional conservative, most likely in the vein of Trump’s first appointee Justice Neil Gorsuch, will be seated on the bench tipping it further to the right as in six to three not five to four as it stands now. But know that no matter how hard many conservatives and pro-lifers will try to overturn Roe v. Wade it will not be easy to do, because even though several pro-life groups have already crafted “texts” that help pro-life state legislators continue to push the boundaries of legal abortion restrictions in their states, all these “texts” do is create a “framework” for the states to set their individual state restrictions on abortion while in no way overturning Roe v. Wade itself.
And besides, any challenge to Roe v. Wade would need to work its way through the lower courts first, which could take years before the Supreme Court would even get the chance to decide whether to revisit the case…if they even decided to do so…or they could simply send it back to the states for them to preserve abortion at the state level with a termination of pregnancy date being written into their state’s individual laws or do away with abortions being allowed in their given state altogether.
And then there’s the fact that as per a recent poll by the highly respected Kaiser Family Foundation a full 67 percent of all registered voters do not want Roe v. Wade overturned, and surprisingly 43 percent of registered Republican voters also want Roe v. Wade upheld, and that’s something Republican congresspersons dare not espouse in public for fear of heavy backlash by the uber religious far-right. But most importantly these numbers mean that it’s not only Democrats that still want the right to abortion but that almost half of Republicans do as well although their voices are continuously drowned out by the said uber religious far-right.
Now when you add in that there is no state in the entire country where support for banning all abortions reaches even 25 percent, as per a fairly recent Data for Progress analysis of Cooperative Congressional Election Studies, one can see that except for the uber religious far-right raising their voices against all abortions, abortion must remain an option for women but…and this is critical…but with certain caveats put into place.
And so with numbers proving the case for Roe v. Wade not being overturned but amended…and I personally believe it does need amending…said amending must not be based upon religious beliefs…as religious beliefs are a dime a dozen…but on medical ethics and true biological science alone. How so…let’s start with a few key facts…proven indisputable scientific facts that I personally have been espousing for years.
Fact one: a human being cannot live without a heartbeat whether it exists as a fetus inside the womb or as a baby independent of the womb. A fetus whose heart does not start to beat will be miscarried…natures way of ‘correcting itself’ if you will. And with a fetus’ heart not starting to beat until day 18** of a pregnancy this means that before then what is growing inside the mother is parasitic in nature and not capable of independent life. And so technically day 18 is when life begins with the critical start of a beating heart and not at the time of conception. On day 18 the fetus becomes a soon to be viable baby…with survival actually being possible at 22 weeks gestation with medical intervention…and therefore should no longer to be aborted past day 18 except, I believe, in four instances, which I will soon tell you.
And while I have been saying for years that the heartbeat is one of the best ways to amend Roe v. Wade, only fairly recently have others jumped on board with this. In fact, on May 8th of this year, Iowa’s Governor Kim Reynolds signed a bill that would prohibit abortions after a fetal heartbeat is detected but with a six week time frame for said detection to take place, which is weeks after the baby’s heart has actually started beating. And while it is still one of the most restrictive laws of its kind in the U.S., Iowa’s state supreme court determined that the then in place 72-hour waiting period to reconsider an abortion was a violation of the “right to equal protection and due process” under the Iowa Constitution with it now being removed from the bill Governor Reynolds signed.
Also, back in January of 2017, Iowa Rep. Steve King introduced the Heartbeat Protection Act of 2017, which would have amended the federal criminal code to make it a crime for a physician to knowingly perform an abortion without determining whether the fetus had a detectable heartbeat and without informing the mother of the results. And while said bill provided an exception for an abortion that is necessary to save the life of the mother, it also stated that any physician who performs a prohibited abortion be subject to criminal penalties. However, this bill to date has gone nowhere.
Fact two: once day 18 is reached and the baby’s heart starts to beat, I believe abortion should no longer be an option except in these critical four instances: rape, incest, if the pregnancy means the life of the mother, or if the baby is so medically “abnormal” that it stands little to no chance of surviving once born or if its life would be so seriously medically compromised that said life would be one of sheer agony and pain. A life consisting of what amounts to never ending torture is really no life at all.
Fact four: the so-called ‘morning after’ pill must be sold over the counter in all 50 states for those stupid…yes stupid…enough to have unprotected sex in this day of almost unlimited contraceptive choices. And with the fact that said ‘morning-after’ pill only works within a small 72-hour time frame after having unprotected sex…as in the conception stage…it does not abort a further along pregnancy. And isn’t it better to lose a mass of cells than a baby whose heart has started to beat…I would certainly think so.
Abortion is not birth control, especially after the heart starts to beat, and it must never be used as birth control…with those who perform late-term abortions (sometimes referred to as partial birth abortions) being held accountable of murder…along with the mother who allowed for such an abortion to take place. And if by some miracle a late-term baby just happens to survive the proven to be painful abortion “procedure”…and there are more of those babies then the media wants us to know…medical intervention must be performed immediately to give that little baby a chance at life…a chance to be adopted into a loving family…not left to die on a cold steel table or tossed into a can as refuge to be thrown out with the day’s garbage. And let’s not even go into the unspeakable horror that is Planned Parenthood with its selling of aborted baby parts…for those people there is a special place in hell.
But if applied in amending Roe v. Wade, the above stated four simple facts could make this law a bit more acceptable while at the same time still being protective of a women’s constitutionally legal right to choose. Yet women should choose wisely for there are serious caveats and consequences attached…which should be okay for some…after all nothing in life is without caveats or consequences…a truth we should all know.
* As of January 2018, as per the National Right to Life Committee, there have been an estimated 60,069,971 abortions since the Supreme Court made Roe v. Wade the law of the land in 1973.
** Day 18 after unprotected sex allows for a leeway of up to five days to take a pregnancy test if a woman’s period is late. Today’s pregnancy tests are sensitive enough to confirm a pregnancy as early as one day late allowing time to abort before the fetus’ heart starts to beat (and life begins) if that’s what the woman wants.
By: Diane Sori / The Patriot Factor / Right Side Patriots on American Political Radio
Copyright @ 2018 Diane Sori / The Patriot Factor / All Rights Reserved.
For more political commentary please visit my RIGHT SIDE PATRIOTS partner Craig Andresen’s blog The National Patriot to read his latest article A Constitutional Legacy for Decades to Come.
Today, Friday, July 6th from 7 to 9pm EST on American Political Radio, RIGHT SIDE PATRIOTS Craig Andresen and Diane Sori discuss ‘On Abortion’; ‘A Constitutional Legacy for Decades to Come’; and important news of the day.
Hope you can tune in at: http://listen.samcloud.com/w/73891/American-Political-Radio#history