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Liberals members of Congress have attempted
to block the appointment of pro-life Conservative Judges. They fear these
Judges will not follow the law as it is applied with respect to abortion
rights. Ultimately, their biggest fear is that Roe v. Wade will be reversed.
However- it is liberal judges that are known for their activism by creating
their own laws instead of fulfilling their role of interpreting laws.
Below are some examples. Roe v. Wade - In 1970, a pregnant and unmarried Norma McCorvey was seeking an abortion in the state of Texas. At that time, abortion was illegal except to save the life of the mother. Lacking the money to go to another state to obtain a legal abortion, she sued for infringing upon her "right of personal privacy" to terminate her pregnancy. She used the false name "Jane Roe." Henry Wade, the district attorney in Dallas, was named defendant in the case. A three-judge District Court ruled in favor of Roe's right to sue on the grounds of her "fundamental rights" under the 9th and 14th Amendments, stating that the Texas statutes were "unconstitutionally vague." The ruling lacked an injunction to stop the state from arresting doctors who performed abortions, so Roe's attorneys appealed to the U.S. Supreme Court. Roe was unable to get her abortion and ended up giving the baby up for adoption. On Jan. 22, 1973, the U.S. Supreme Court ruled 7-2 that states could no longer prevent a woman from having an abortion during the first trimester of pregnancy, but could regulate the procedure according to the woman's health in the second trimester and could prohibit abortion in the last trimester. The separation of church and state. The first Amendment of the U.S. Constitution states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances." No where in the U.S. Constitution are the words separation of church and state. Through the years liberal courts have interpreted the words, "Congress shall make no law respecting an establishment of religion" to mean the complete separation of church and state. This has led to such rulings by courts to ban the Pledge of Allegiance in school, because of the word god and the stripping of the Boy Scouts of a lease of public land- because a judge considered them to be a religious organization.. The 2000 Presidential Election ruling by the Florida Supreme Court in favor of Al Gore allowing the hand recount of votes in three highly Democratic counties. This ruling violated federal election law, because it changed the rules of the election after the election began. It also violated the equal protection clause of the Fourteenth Amendment. The clause grants all people "equal protection of the laws," which means that the states must apply the law equally and cannot give preference to one person or class of persons over another. The recount did not treat all voters equally because it judged ballots differently depending on where the votes were cast. The members of the Florida Supreme Court were appointed by Democratic Governors Lawton Chiles and Bob Graham. A panel of the 9th U.S. Circuit Court of Appeals, a San Francisco-based court, ruled that reciting the Pledge of Allegiance in public schools is an unconstitutional "endorsement of religion" because of the addition of the phrase "under God" in 1954 by Congress. The court overturned a 1954 act of Congress that inserted the phrase "under God" after the phrase "one nation" in the Pledge of Allegiance. The 9th Circuit Court of Appeals is the most reversed court in the country by the United States Supreme Court. Please note that Bill Clinton named 14 of the 9th Circuit's 24 judges. The Florida Supreme Court ruled in July 2003, that the Florida law requiring notification of parents before minors under the age of 18 can obtain abortions violates privacy rights guaranteed by the Florida Constitution. The court struck down a Florida law requiring physicians to notify a parent or legal guardian before performing an abortion on a young woman. This ruling allows minors to have abortions without parental notification. Please note that in Florida you need parental consent to have your ears pierced or get a tattoo. U.S. District Judge Napoleon Jones Jr., appointed by Bill Clinton, ruled that the Boy Scouts were a religious organization thereby stripping them of their lease of land in a public park. The judge ruled that the Boy Scouts lease of land at San Diego's Balboa Park violates what he refers to as constitutional "separation of church and state," a phrase that appears nowhere in the U.S. Constitution. The 9th U.S. Circuit Court of Appeals, a San Francisco-based court, ruled that the Oakland Housing Authority cannot evict four public-housing tenants for other people’s drug use. Known as the "one-strike" rule, part of a drug law Congress passed in 1988, local housing authorities may evict tenants for crimes committed on or near public-housing property by a household member, guest or "other person under the tenant’s control." The rule intended to stop drug dealing in housing projects by allowing authorities to kick tenants out of federal housing projects for drug use. In March 1996 the 9th U.S. Circuit Court of Appeals, a San Francisco-based court, struck down Washington State's injunction against physician assisted suicide on the grounds it denied dying patients the right to "liberty" and that terminally ill, mentally competent adults have a constitutional right to choose their time and manner of death. New Jersey state Supreme Court ruled that the Democratic Party can replace Sen. Robert Torricelli's name on the November ballot with former Sen. Frank Lautenberg (October 2002) Senator Torricelli plagued by scandal was trailing in the polls so badly, he resigned from the race before the election. New Jersey law bars replacement of candidates less than 51 days before an election. Torricelli resigned almost 30 days before the election. The court ruling would allow the switch of candidates 33 days before Election Day. The court ignored the law and replaced Torricelli on the ballot with Frank Lautenburg setting a precedent that if you are losing an election- just quit and replace your candidate. In an 8-3 vote, the San Francisco-based 9th U.S. Circuit Court of Appeals said all condemned inmates sentenced by a judge should have their sentences commuted to life in prison. The case stems from a 2002 decision by the U.S. Supreme Court, in which the high court found that juries, not judges, must render death sentences. But the Supreme Court left unclear whether the new rules should apply retroactively to inmates awaiting execution. The 9th U.S. Circuit Court of Appeals, a San Francisco-based court, on a petition from a relative of a Libyan the U.S. military captured in Afghanistan- ruled that prisoners held at Guantanamo Bay Naval Base in Cuba should have access to lawyers and the American court system.
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