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Saturday, September 13, 2014

Bader Ginsburg's "Chipping-Away" Theory Rather Familiar

Justice Ruth Bader Ginsburg Laments That Roe Abortion Case Activated a Pro-Life Movement

Could she be any more strident-sounding?

It is somewhat ironic, however: her incremental approach ("You give it to them softly...And you build them up to what you want") is what the NAACP did, in reverse, to rightfully overturn the bigotry of the Supreme Court's defense of racism in this country, long, long ago.

You remember that racisim. The one that held that black slaves were only considered 3/5ths of a person?

It's interesting then, that the unborn have had it even worse than all the slaves did, as they were not even considered by Justice Harry Blackmun to be any fraction of a person. We referred to this legal genius in righting a grievous wrong, in a March 2013 post, and we originally posted it in February 2005 as a possible approach to chipping away at the bad law that is Roe v. Wade and Doe v. Bolton (apparently this has been underway and seeing results as late as 2013 already). I'll repost the relevant proof here:

That was exactly the strategy of the NAACP when it went after racism as legalized by the Supreme Court.

The NAACP, led by Thurgood Marshall and Charles Houston, peppered the nine Supreme Court justices from 1935 through 1954, almost 20 years, with case after case after case to overturn the racial segregation "right" that was created (yes, created, just like "right to choose" was created) by the high court's Plessy v. Ferguson case. They just kept filing more and more cases, until the critical mass of change had been reached incrementally and Brown v. Board of Education came along and finally achieved justice.

From the website of The Just Beginning Foundation (about the contribution of African Americans to the federal judiciary):

"The N.A.A.C.P.'s strategy for reaching its goals in education began by trying to undo the 1896 decision of Plessy v. Ferguson, 1896 (163 U.S. 537), in which the Supreme Court said that segregation was valid if it was 'separate but equal.' The N.A.A.C.P.'s. legal committee decided that the only way to accomplish meaningful change was to attack Plessy. Initially the goal was to demonstrate that the state which created separate school systems never, in fact, created "equal" systems. Eventually, this changed to a frontal assault on Plessy: separate was inherently unequal.

"In 1935, Charles Houston suggested that the N.A.A.C.P. adopt a strategy of litigating planned test cases to secure favorable legal precedents, thereby laying the foundation for later, fuller attacks on racial discrimination and segregation. The cases were to have a "sharply defined legal issue" that could be "supported by demonstrable evidence."

Sadly, the JBF took down that page, though it exists in the Wayback Machine web archive.
It doesn't make it any less true, though.

In fact, the NAACP website still describes this process here, and provides a link to The Smithsonian's American History pages which also refer to it here, here and here.

People, even people like Bader Ginsburg, can pretend they don't see a lot of truths, but that doesn't make them go away.

Law and what it's supposed to stand for, doesn't go away either. Published in Issues in Law & Medicine, 2010 Spring;25(3):185-273, this is the abstract for the legal article, "Unborn children as constitutional persons," by GJ Roden:

In Roe v. Wade, the state of Texas argued that "the fetus is a 'person' within the language and meaning of the Fourteenth Amendment." To which Justice Harry Blackmun responded, "If this suggestion of personhood is established, the appellant's case, of course, collapses, for the fetus' right to life would then be guaranteed specifically by the Amendment." However, Justice Blackmun then came to the conclusion "that the word 'person,' as used in the Fourteenth Amendment, does not include the unborn." In this article, it is argued that unborn children are indeed "persons" within the language and meaning of the Fourteenth and Fifth Amendments. As there is no constitutional text explicitly holding unborn children to be, or not to be, "persons," this argument will be based on the "historical understanding and practice, the structure of the Constitution, and thejurisprudence of [the Supreme] Court." Specifically, it is argued that the Constitution does not confer upon the federal government a specifically enumerated power to grant or deny "personhood" under the Fourteenth Amendment. Rather, the power to recognize or deny unborn children as the holders of rights and duties has been historically exercised by the states. The Roe opinion and other Supreme Court cases implicitly recognize this function of state sovereignty. The states did exercise this power and held unborn children to be persons under the property, tort, and criminal law of the several states at the time Roe was decided. As an effect of the unanimity of the states in holding unborn children to be persons under criminal, tort, and property law, the text of the Equal Protection Clause of the Fourteenth Amendment compels federal protection of unborn persons. Furthermore, to the extent Justice Blackmun examined the substantive law in these disciplines, his findings are clearly erroneous and as a whole amount to judicial error. Moreover, as a matter of procedure, according to the due process standards recognized in Fifth Amendment jurisprudence of the Supreme Court, Roe v. Wade should be held null and void as to the rights and interests of unborn persons.
It echoes the dissenting opinions of two Supreme Court Justices (White and Rehnquist), who did not vote to uphold Roe v. Wade, then (my emphases added):
I find nothing in the language or history of the Constitution to support the Court's judgment. The Court simply fashions and announces a new constitutional right for pregnant mothers [410 U.S. 222] and, with scarcely any reason or authority for its action, invests that right with sufficient substance to override most existing state abortion statutes. The upshot is that the people and the legislatures of the 50 States are constitutionally dissentitled to weigh the relative importance of the continued existence and development of the fetus, on the one hand, against a spectrum of possible impacts on the mother, on the other hand. As an exercise of raw judicial power, the Court perhaps has authority to do what it does today; but, in my view, its judgment is an improvident and extravagant exercise of the power of judicial review that the Constitution extends to this Court.

The Court apparently values the convenience of the pregnant mother more than the continued existence and development of the life or potential life that she carries. Whether or not I might agree with that marshaling of values, I can in no event join the Court's judgment because I find no constitutional warrant for imposing such an order of priorities on the people and legislatures of the States. In a sensitive area such as this, involving as it does issues over which reasonable men may easily and heatedly differ, I cannot accept the Court's exercise of its clear power of choice by interposing a constitutional barrier to state efforts to protect human life and by investing mothers and doctors with the constitutionally protected right to exterminate it. This issue, for the most part, should be left with the people and to the political processes the people have devised to govern their affairs.

Indeed. And thus it happened that the Supreme Court did worse to unborn persons in this nation, in Roe v. Wade and Doe v. Bolton, than what it did to black persons in this nation, in Dred Scott v. Sandford, Plessy v. Ferguson, and several other racist High-Court decisions.

And Ruth Bader Ginsburg is fine with that.

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NATIONAL REVIEW Online's The Corner ~ Kathryn Jean Lopez links to Ap blog, 1/22/07

Associated Press/San Francisco Chronicle: Banno On Boxer and the Illegal Abortion Deaths Urban Legend

San Diego Union Tribune: more Boxer Urban-Legend-Debunk coverage

Ellen Goodman retraction impetus: Aa blog initiates The Straight Dope coverage...and is listed in National Review Senior Editor Ramesh Ponnuru's book The Party of Death, p. 255, Chap. 3 Endnote #11,   4/2006

NY Daily News: "Atheist's Site Is All The Rave

"After Abortion,...run by Emily Peterson and Annie Banno, two women who had abortions in the 1970s, ...tries to avoid the political tug-of-war that tends to come with this turf. They concentrate instead on discussing the troubling personal effects of abortion on the mothers." ~ Eric Scheske, Godspy contributing editor, in NC Register's "Signs of Life in the Blogosphere", 2/2006

"Godbloggers could, in the best of worlds, become the new apologists...[including] laymen with day jobs: Emily Peterson and Annie Banno, for instance, at the blog After Abortion..."~ Jonathan V. Last, The Weekly Standard online editor, in First Things's "God on the Internet", 12/2005

Amy Welborn, at BeliefNet, links to AfterAbortion blog's Crime & Abortion Series

Catholic News Service: Silent counterprotest at the March For Choice



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We are too. Here are folks who can help:

Feeling Really Bad?: Call
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Suicide Hope Lines: U.S.A. (by state) or call 1-800-Suicide (784-2433)

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George & Linda Zallie, Stacy's parents, "assisting women who made the difficult choice of ending their pregnancy in finding nonjudgmental help" for suicidal feelings.

For immediate help, call tollfree, 24 hours a day, 7 days a week: national, confidential, post-abortion-recovery hotlines:
1-877-HOPE-4-ME or
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AbortionChangesYou.com

"I would now like to say a special word to women who have had an abortion...[many are] aware of the many factors which may have influenced your decision, and [do] not doubt that it was a painful and even shattering decision. The wound in your heart may not yet have healed. Certainly what happened was and remains terribly wrong. But do not give in to discouragement and do not lose hope. Try rather to understand what happened and face it honestly. If you have not already done so, give yourselves over with humility and trust to repentance. The Father of mercies is ready to give you his forgiveness and his peace...You will come to understand that nothing is definitively lost and you will also be able to ask forgiveness from your child..."

MORE HELP:
Hope after Abortion
Ideas for Healing
Rachel's Vineyard Retreats
(non-Christians, even non-religious do attend; they also have interdenominational retreats designed expressly for people of any religion or no religion)
Abortion Recovery
"Entering Canaan" - a ministry of reverence for women and men who suffer following an abortion
Lumina - Hope & Healing After Abortion
Ramah
Option Line
Books that help
(includes non-religious Post Abortion recovery books)
In Our Midst
NOPARH
For MEN - Resources List
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Obama On Abortion: A Summary 1990-2009

1) Obama Is 2nd-Highest-Paid Politician by Fannie Mae, Taking $126,346 in only 4 years as Senator; Now Derides GOP/Bush for Allowing Fannie Mae/Freddie Mac To Do Business, When It Was Democrat Presidents Bill Clinton & Jimmy Carter Who Passed The Law Requiring Fannie & Freddie To Give Out Bad Subprime Loans To Those Who Couldn't Afford Them, Which Caused The Entire Financial Meltdown … 2) Jim Johnson (Obama VEEP vetter and former Fannie Mae executive who made millions there) Backpedal … 3) Obama's hiring, connection, support of ACORN, which supported that very law and whose staff have been involved in voter fraud … 4) Rezko's Favor A "Boneheaded" Mistake … 5) Jeremiah Wright Backpedal … 6) Fr. Michael Fleger Backpedal … 7) NAFTA Backpedal … 8) Campaign Financing Backpedal … 9) Mr. "Negotiates-With-Terrorist-States" … 10) Bittergate … 11) Hamas' Chief Political Adviser Hopes BO Will Win Election … 12) Banning Handguns Backpedal … 13) Who Exactly Are "The Rich" He's Going to Sock it to? … 14) Flag Pin Backpedal … 15) Once Open to School Vouchers That Work, Now Deadset Against … 16) Now OK with residual force in Iraq...up to 50,000 troops. … 17) First voted against a law protecting babies who survive an abortion procedure, then lied saying he didn't, then finally forced to admit that he did vote to deny such born babies protection. 18) … "For the first time in my adult lifetime, I am really proud of my country." ~ MO

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