Monday 10th December 2018

Home » Frontpage » Currently Reading:

Let’s Face The Illusions . . . About Roe, The Court, And The Kavanaugh Confirmation

October 12, 2018 Frontpage No Comments

By JACK KENNY

Hold the “hallelujahs.” Brett Kavanaugh is now a justice on the U.S. Supreme Court, but don’t expect him to be the much anticipated and much feared “fifth vote” to overturn the High Court’s Roe v. Wade decision issued 45 years ago and upheld by the court on subsequent decisions, most notably, Planned Parenthood v. Casey in 1992.
First of all, it is a considerable leap to assume that there are now four votes on the court to overturn Roe. The last two Republican nominees, Roberts and Alito, both said in public hearings that they regarded Roe as “settled law,” entitled to the protection of a due respect for “precedent.” Justice Scalia is dead and Clarence Thomas remains the only member of the Supreme Court who might reasonably be assumed to be ready and willing to cast a vote to overturn Roe.
Secondly, we have Judge Kavanaugh’s word, as related by Sen. Susan Collins, that he would not be part of a 5-4 majority to nullify the “abortion rights” decision. The Maine Republican, minutes after saying she did not believe there should be a “litmus test” for Supreme Court nominees, cited that assurance from nominee Kavanaugh as her major reason for voting for his confirmation.
Her speech should be read carefully and critically. She was quite emphatic in dismissing the plank in the Republican platform promising the appointment of justices who would overturn Roe. As Collins noted, that plank has been in the GOP platform since 1980, and since that time nominations to the Supreme Court by Republican presidents have included those of Justices Sandra Day O’Connor, Anthony Kennedy, and David Souter, the trio that wrote the opinion of the court in the aforementioned Planned Parenthood v. Casey, upholding Roe, albeit with some minor qualifications. So much for Republican promises.
Face it, pro-lifers. The only way we would get five solid anti-Roe votes on the Supreme Court is if a court-packing plan like FDR’s were actually enacted and there were eventually 15 Supreme Court justices. Then, of course, five votes would be very much a minority and “abortion rights” would still be quite safe.
The Roe v. Wade decision changed American politics in more ways that we might realize. Prior to Roe, “abortion rights” were the hobbyhorse of lawyers and intellectuals, most of them from the upper strata of society. Suddenly in Roe, there was what dissenting Justice Byron White (a Kennedy appointee) called a “freshly minted” constitutional right of abortion.
This forced a realignment of the two major parties that most historians have overlooked. Previously the Democratic Party’s claim to the votes of the poor was based on economics and social standing. As my father explained to me when I was seven years old, the Republican Party was the party of the “big shots” and the Democratic Party was the party of the workingman. If I should ever become a “big shot,” he explained, he would expect me to vote Republican, because that would be where my interests lie.
I have often voted Republican, but as far as becoming a “big shot,” dear old Dad need not have worried.
I would suggest three events forced a realignment of the two parties. The first, the High Court’s unanimous Brown v. Board of Education decision in 1954, did not by itself lead to any realignment. The ruling by Republican Chief Justice Earl Warren and his colleagues merely, for the time being, reinforced the opposition to civil rights and the “party of Lincoln” by the solidly Democratic South.
But when Democratic President Lyndon Johnson pushed the 1964 Civil Rights bill through Congress, that coalition began to crack. Sen. Strom Thurmond of South Carolina switched parties to join the GOP, then headed by long-shot presidential candidate, Barry M. Goldwater, who was part of a Republican minority opposing the legislation.
The opposition broadened considerably a few years later when the Brown decision was interpreted to require the forced busing of schoolchildren across district lines to achieve racial integration of the public schools in the whole nation, not just in the legally segregated South. The Nixon administration, then in office, publicly opposed the forced busing even while lawyers in the administration’s justice department were filing one lawsuit after another to require and enforce it.
Nixon, we might recall, received a healthy share of the black vote when he lost to John F. Kennedy in 1960. The 1964 Civil Rights Act and the opposition to it by the GOP presidential candidate in 1964 changed that dramatically. Ever since, some 90 percent of the black vote has gone to Democrats. In winning the White House in 1968, Nixon became the candidate and beneficiary of the Southern coalition, winning key Southern states as well as votes in the rest of the country from people who thought the civil rights revolution was going too far, too fast. Still, he won the narrowest of victories over veteran civil rights champion Hubert Humphrey.
Then came the Roe v. Wade decision at the very beginning of Nixon’s second term, on January 22, 1973. It followed a report by a commission appointed by President Nixon to explore the issue of what had been widely heralded as “overpopulation.” Though couched in diplomatic and general welfare language, the largely Republican and thoroughly establishment commission recommended birth control and abortion as means of limiting the population, especially among the poorer in society.
Nixon immediately denounced the report, firming up his support among cultural conservatives, especially Catholics. The Roe v. Wade decision provided Nixon and the Republicans with a ready-made “wedge” issue. There was already a National Right to Life Committee and other anti-abortion groups looking to rally behind a party and candidates who would support the pro-life cause.
It was a bandwagon made for Nixon and the GOP, most of whom quickly became anti-abortion. While most Democrats had opposed abortion also, once Nixon became opposed to it, abortion became a cause for Democrats to celebrate and defend. Aided by a liberal national media, the “right to life” became “a woman’s right to choose.”
Both sides cynically primed the issue for all the votes and all the dollars it was, and still is, worth. Yet once in office, elected officials on both sides of the abortion divide have been content to leave the issue with the courts.
Democratic majorities in Congress never mustered enough votes to pass the Freedom of Choice Act that would have codified the Roe ruling.
Republican majorities never advanced the Human Life Amendment, nor passed legislation declaring the preborn to be persons under the Fourteenth Amendment, nor moved to limit the jurisdiction of the judiciary in matters of abortion. Thus, the battle every time there’s a vacancy on the High Court, especially if the vacancy has been created by the death or retirement of a justice considered to be either a believer in “abortion rights” or a “swing” vote.
In Harry Blackmun’s majority opinion for the court in Roe v. Wade, he was somewhat vague as to where the invisible “right” to abortion was located in the Constitution that neither mentions nor hints at the subject. Is it in the Ninth Amendment’s stipulation of unenumerated rights, neither mentioned nor denied by other rights actually specified in the “living document”? Or is it in the Fourteenth Amendment’s “due process” clause or its guarantee of the “equal protection of the laws”? Or does it even matter?
One significant point about the Fourteenth Amendment that has gone largely overlooked in all the litigation over it is its very last sentence: “The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.” Note not only what it says, but also what it does not say. It does not say, “The judicial branch shall have power to enforce, by imaginative interpretations, the provisions of this article.”
By its own admission, the Blackmun ruling for the Supreme Court in Roe would fall of its own weight if Congress were to declare, for the purposes of the Fourteenth Amendment, that preborn humans are persons under the law. The unborn would then be entitled to the “equal protection of the laws.”
For numerous times over the 45-plus years that the Roe decision has been in force, supposedly pro-life Republicans have been in the majority in Congress. So where is the pro-life legislation? A ban on partial-birth abortion is nearly worthless as a partial solution. We need to elect pro-life legislators who mean what they say about the right to life from the moment of conception to natural death. Now that would be a precedent, for the Congress that could go far to rein in the courts.

Share Button

2017 The Wanderer Printing Co.

Twitter Feed

#Apple CEO Tim Cook took the mask off & said
They use Liberal Values to decide what content to censor

They once fought Big Brother
Now they & the rest of Big Tech
Are the #ThoughtPolice

Interview With Raymond Leo Cardinal Burke . . . The Faithful Are Suffering…But Schism Can Never Be Right - https://t.co/iwDMps3a5a

Load More...

Pro-LGBT priest promotes ‘rainbow’ rosary with prayers for ‘full acceptance’ of gay couples

December 6, 2018 (LifeSiteNews) – Pro-LGBT Jesuit priest Fr. James Martin is promoting on social media a rosary with “rainbow” beads for one of the decades which are to be used, the rosary’s creators say, to pray for the “full…Continue Reading

Archbishop Viganò denies claims he defrauded his brother

ROME, December 3, 2018 (LifeSiteNews) — Archbishop Carlo Maria Viganò today has denied claims he defrauded his brother, and has sought to clarify an October court ruling ordering him to pay his brother €1.8 million in inheritance. Many believe the ruling is being…Continue Reading

Vatican’s former doctrine chief: ‘LGBT’ has ‘no place’ in Church documents

VATICAN CITY, November 21, 2018 (LifeSiteNews) – An influential cardinal says that pro-homosexual terminology such as “LGBT” has no place in the documents of the Roman Catholic Church. In a recent interview with LifeSiteNews, Cardinal Gerhard Ludwig Müller, formerly the Prefect of the…Continue Reading

$25 MILLION PAPAL FOUNDATION GRANT TO VATICAN REMAINS UNACCOUNTED FOR

PHILADELPHIA (ChurchMilitant.com) – After Cdl. Donald Wuerl spearheaded a $25 million grant to the Vatican earlier this year through the Papal Foundation, sources confirm the money remains unaccounted for, the Rome hospital designated as beneficiary apparently never having received the grant. Sources also confirm Wuerl…Continue Reading

Cardinal guilty of covering up sex abuse addresses US bishops’ conference

BALTIMORE, November 14, 2018 (LifeSiteNews) – A cardinal barred from public ministry since 2013 as a result of his systematic cover-up of sex abuse spoke at the U.S. Bishops’ General Assembly in Baltimore Tuesday, telling the bishops they “need to lead by witness.” In…Continue Reading

US bishops consider asking Pope Francis to release McCarrick documents

BALTIMORE, Maryland, November 13, 2018 (LifeSiteNews) – The United States Conference of Catholic Bishops (USCCB) will consider officially asking Pope Francis to release any documents related to alleged serial sexual abuser Archbishop Theodore McCarrick. The motion was made from the…Continue Reading

U.S. Catholic Bishops Meet in the Shadow, Still, of Clergy Sex Abuse

This weekend, the Catholic bishops of the United States gather in Baltimore ahead of their three-day annual general assembly, which opens Monday. By coincidence, it will be 16 years exactly since their session in 2002, when they met to amend…Continue Reading

The Synodal Church

Antonio Spadaro, SJ – Carlos Galli Forty years ago, Jesuit Father Arij Roest Crollius wrote: “What is so new about inculturation?”[1] His reflection was a milestone in the understanding of that word and in welcoming a concept at the heart of…Continue Reading

National network of Catholic church leaders told to preserve all communications

The U.S. Attorney for the Eastern District of Pennsylvania has asked the United States Conference of Catholic Bishops to preserve all electronic and paper documents in case other federal prosecutors need to look into accusations of sexual assault against current…Continue Reading

Cdl. Burke ‘strongly’ endorses new virtue education program for young people

October 26, 2018 (LifeSiteNews) – Cardinal Raymond Burke, one of the Church’s most outspoken defenders of life, marriage, and family, has “strongly” endorsed a new virtue education program for children. “Alive to the World” is a continuous, story-based virtues/values program. Much…Continue Reading

Pittsburgh wants to revoke Chick-fil-A’s sponsorship of kids event over Christian marriage views

PITTSBURGH, October 24, 2018 (LifeSiteNews) – America’s most successful Christian food chain may be driven out of a children’s community event in Pittsburgh over the owners’ Christian-based view of marriage and homosexuality, if the Pittsburgh City Council has its way.…Continue Reading

Australian bishop touts women’s ordination: ‘transformation of priesthood’ is underway

CHRISTCHURCH, New Zealand, October 23, 2018 (LifeSiteNews) – An Australian bishop recently told priests that admitting women to the priesthood in the Church’s current state of affairs would be like pouring new wine into old wine skins, but that a “transformation…Continue Reading

Untitled 5 Untitled 2

Attention Readers:

  Welcome to our website. Readers who are familiar with The Wanderer know we have been providing Catholic news and orthodox commentary for 150 years in our weekly print edition.


  Our daily version offers only some of what we publish weekly in print. To take advantage of everything The Wanderer publishes, we encourage you to su
bscribe to our flagship weekly print edition, which is mailed every Friday or, if you want to view it in its entirety online, you can subscribe to the E-edition, which is a replica of the print edition.
 
  Our daily edition includes: a selection of material from recent issues of our print edition, news stories updated daily from renowned news sources, access to archives from The Wanderer from the past 10 years, available at a minimum charge (this will be expanded as time goes on). Also: regularly updated features where we go back in time and highlight various columns and news items covered in The Wanderer over the past 150 years. And: a comments section in which your remarks are encouraged, both good and bad, including suggestions.
 
  We encourage you to become a daily visitor to our site. If you appreciate our site, tell your friends. As Catholics we must band together to rediscover our faith and share it with the world if we are to effectively counter a society whose moral culture seems to have no boundaries and a government whose rapidly extending reach threatens to extinguish the rights of people of faith to practice their religion (witness the HHS mandate). Now more than ever, vehicles like The Wanderer are needed for clarification and guidance on the issues of the day.

Catholic, conservative, orthodox, and loyal to the Magisterium have been this journal’s hallmarks for five generations. God willing, our message will continue well into this century and beyond.

Joseph Matt
President, The Wanderer Printing Co.

Untitled 1

Interview With Cardinal Burke . . . Discriminating Mercy: Defending Christ And His Church With True Love

Cburke3

  By DON FIER (Editor’s Note: His Eminence Raymond Leo Cardinal Burke, Patron of the Sovereign Military Order of Malta and Founder of the Shrine of Our Lady of Guadalupe in La Crosse, Wis., graciously took time out of his busy schedule to grant The Wanderer a wide-ranging interview during a recent visit to the Shrine. Included among the topics…Continue Reading

Developing Lives Of Peace After The Heart Of Mary

By RAYMOND LEO CARDINAL BURKE (Editor’s Note: His Eminence Raymond Leo Cardinal Burke delivered the address below at the 32nd Annual Church Teaches Forum, “The Message of Fatima: Peace for the World,” Galt House, Louisville, Ky., July 22, 2017. The address is reprinted here with the kind permission of Cardinal Burke. All rights reserved. This is part one of the…Continue Reading

Catechism

Today . . .

Cdl. Burke: ‘Synodality’ suggests some kind of ‘new church’ where pope’s authority is destroyed

LIMERICK, Ireland, (LifeSiteNews) – Cardinal Raymond Burke has come out criticizing the concept of “synodality” that was barely discussed during the recently concluded “Youth Synod,” but, nevertheless, found its way into the final document, surprising many of the Synod Fathers. “It’s become like a slogan, meant to suggest some kind of new church which is democratic and in which the authority of the Roman Pontiff is relativized and diminished—if not destroyed,” said Card

Facebook unblocks image of Santa kneeling before Baby Jesus after LifeSite report goes viral

December 6, 2018 (LifeSiteNews) – Facebook is no longer censoring an image of Santa Claus kneeling before the Baby Jesus that it had deemed “violent or graphic content” after a report on LifeSiteNews about the matter went viral yesterday. Facebook had obscured the picture, explaining that the “photo was automatically covered so you can decide if you want to se

Pro-LGBT Catholic prof: Many German bishops don’t believe homosexual acts are wrong

December 5, 2018 (LifeSiteNews) – A Catholic German ethics professor calls Cardinal Müller’s recent remarks on homosexuality “unbearable” and claims that, just as the Church’s teaching on the death penalty has changed, the teaching on homosexuality is also open to change. Cardinal Gerhard Müller, the former Prefect of the Congregation for the Doctrine of the Faith (CDF), has been under constant sharp criticism since his 21 November interview with LifeSiteNews, in whi

Cardinal accuses EWTN’s Raymond Arroyo of attacking Pope Francis

VATICAN CITY, December 3, 2018 (LifeSiteNews) – South African Cardinal Wilfrid Napier has come out swinging against EWTN’s Raymond Arroyo, accusing him of reporting “negatively” on as well as “attack[ing]” Pope Francis. The former Archbishop of Durban tweeted last night that Arroyo was like a “throwback” to Northern Ireland’s most notorious anti-Catholic “Ian Paisley & his ilk.” “The World Over” hosted by Raymond A

Taxpayer dollars help California Planned Parenthood surpass record high income level

November 30, 2018 (American Life League) – For the first time in the history of Planned Parenthood Federation of America, one of its 56 affiliates documented that its annual income surpassed $100 million. The affiliate is Planned Parenthood Mar Monte, headquartered in San Jose, California. In its latest official document (Federal Form 990) filed with the federal government, PPMM reported that in the fiscal year, July 1, 2016, to June 30, 2017, it had a…Continue Reading

Advertisement(2)

Will Paris Riots Scuttle Climate Accord?

By PATRICK J. BUCHANAN In Katowice, Poland, all the signers of the 2015 Paris climate accord have gathered to assess how the world’s nations are meeting their goals to cut carbon emissions. Certainly, the communications strategy in the run-up was impressive. In October came that apocalyptic UN report warning that the world is warming faster…Continue Reading

Amid Veto Threat… Ohio “Heartbeat Abortion” Bill Nears Senate Vote

COLUMBUS (CNA/EWTN News) — The Ohio Senate was expected to pass legislation banning abortion on an unborn baby after he or she has a heartbeat, and there could be enough votes to override Gov. John Kasich’s promised veto, amid questions over whether the proposal could withstand U.S. Supreme Court scrutiny. Republicans control the Senate with…Continue Reading

Eleventh Circuit Court Of Appeals . . . EWTN Wins Lawsuit Over HHS Contraception Mandate

IRONDALE, Ala. (EWTN) — Following a legal battle that has lasted nearly seven years, EWTN Global Catholic Network has prevailed in its lawsuit against the U.S. government over what has become known as the “HHS Contraception Mandate.” In an order by the U.S. Court of Appeals for the Eleventh Circuit published Thursday, November 29, 2018,…Continue Reading

Major Companies Take Action Against Porn

WASHINGTON, D.C. — Across the country, several major companies are taking action against pornography use. Tumblr, Starbucks, Comcast, and multiple hotel chains have all taken steps to reduce pornography access within their respective industry. These decisions come during a time of increasing awareness over the harms of pornography. “Companies are quickly realizing the harms of…Continue Reading

Marie Stopes International Is No Friend Of Africa

By DEBORAH M. PIROCH (Editor’s Note: Deborah M. Piroch is the PR director for Human Life International. HLI posted this article at their website, www.hli.org, on November 30. It is reprinted here with permission.) + + + FRONT ROYAL, Va. — HLI is delighted that the government of Kenya has banned Marie Stopes International (MSI)…Continue Reading

Advertisement

Our Catholic Faith (Section B of print edition)

The Authority Of Bishops… Can A Catholic Resist A Wrong Teaching Of His Bishop?

By RAYMOND DE SOUZA, KM Part 3 In the two previous articles we have learned from great Catholic theologians that a layman can resist a wrong decision of a bishop and even of the Bishop of Rome — the Pope. But — and this “but” is very important — wouldn’t such a resistance go against the teaching on papal infallibility?…Continue Reading

The Theological Virtues — Faith

By DON FIER As we transitioned last week from a lengthy treatment of the four cardinal virtues (and a brief overview of sanctifying grace) to the theological virtues, emphasis was given to the fittingness of the term “theological” (as derived from the Greek Theos and logos), for these virtues have God Himself as their Author, motive, and direct object. “Infused…Continue Reading

Catholic Replies

Q. For the benefit of those who do not have a computer or library access, could you please give us a list of the Doctors of the Church? I have a book entitled 33 Doctors of the Church, but I think some have been added since that book was published. — B.W., Florida. A. Doctor of the Church is a…Continue Reading

Interview With Raymond Leo Cardinal Burke . . . The Faithful Are Suffering…But Schism Can Never Be Right

Cburke3

By PEGGY MOEN (Editor’s Note: This interview took place in Rome on October 22, 2018, the Feast of St. John Paul II, during the final week of the October 3-28 Synod on Young People, the Faith, and Vocational Discernment and before its conclusion. See The Wanderer, November 1, 2018, p. 1 for an article based on this interview.) + +…Continue Reading

God’s Providence Is Perfect

By FR. ROBERT ALTIER Second Sunday Of Advent (YR C) Readings: Baruch 5:1-9 Phil. 1:4-6, 8-11 Luke 3:1-6 In the second reading today, St. Paul states his confidence that the One who “began a good work in you will continue to complete it until the day of Christ Jesus.” This can certainly be applied in a variety of situations, for…Continue Reading

Catholic Heroes . . . Blessed Maria Virgo

By CAROLE BRESLIN When I visited my aunt in St. Louis, Mo., we would visit the basilicas, the museums, and other places of interest. She had many sites near her that were particularly special to her, such as her parish, The Little Flower, in Richmond Heights. In addition, she described a place where she frequently went for eucharistic adoration at…Continue Reading

Catholic Heroes… St. Raphael Kalinowski

By CAROLE BRESLIN There are many terms we use in our language which are clichés. We hear people say that somebody “kicked the bucket,” meaning that he has died, or “I’ll send you to outer Mongolia,” meaning that they will ship you so far away no one will find you. Fr. Kalinowski not only went to a place just north…Continue Reading