Posts Tagged ‘souter’

No More Souters!

May 1, 2009

That was the rallying cry in 1992 after his vote in the Planned Parenthood v. Casey case that sought to overturn Roe v. Wade. He was appointed by Bush (the first President Bush) but tended to vote more liberally. Bush tried to nominate a moderate to appeal to everyone, but he nominated a liberal and alienated his base (which he did a lot). So when it came time for him to nominate another Justice in 1991 (which ended up being Clarence Thomas) the rallying cry was “No More Souters”.

In the majority opinion for Planned Parenthood v. Casey, Souter wrote:

overruling the first was anything but a surrender to political pressure and an unjustified repudiation of the principle on which the Court staked its authority in the first instance. So to overrule under fire in the absence of the most compelling reason to reexamine a watershed decision would subvert the Court’s legitimacy beyond any serious question

So wait. When the Court rules in favor of abortion with no Constitutional authority to do so it is somehow, not giving in to political pressure? Read the opinion. There is nothing that says that a woman’s right to terminate her pregnancy is in the constitution. All it says is that is protected by the right of privacy that was created in the Griswold v. Connecticut case. Aside from that, it is a history of abortion. The argument was that abortion has been happening since the beginning of time, so we should not limit ourselves. Well, Justice Harlan, you know what else has been going on since the beginning of time? Slavery. Does that mean it is OK? Of Course not. Does it only apply to Abortion? Polygamy has also been going on since the beginning of time. How DARE the Court deny my right to marry as many women as I want.

So now that Souter is retiring, I can only hope that Obama chooses a Justice that actually follows the Constitution, but seeing Obama’s record of implementing a far left agenda, that has about a zero percent of happening. IT is sad that this country will continue to be shaped by people who are not elected and have life terms. It has become nothing of what the founders intended it to be. The Court is FAR the “least dangerous branch“. I would go as far as saying that the Supreme Court is the most dangerous branch, but that honor currently goes to Nancy Pelosi and the disgraceful Congress. But just so I can go on record: No more Souters!