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Posts Tagged ‘Roe v. Wade’

To Avoid Civil War, Learn to Tolerate Different Laws in Different States

Posted by M. C. on July 3, 2022

Moreover, decentralizing abortion policy in this way actually works to defuse national conflict. This is becoming even more important as cultural divides in the United States are clearly accelerating and become more entrenched.

This is not a problem, however, if we relearn that rather than employ federal coercion to “solve” the world’s problems, it’s perhaps better to tolerate others doing things differently in other parts of the world. On the other hand, if Americans can’t shake the idea that the regime must force one way of life on everyone, we can expect national political divides to grow ever more bitter. 

https://mises.org/wire/avoid-civil-war-learn-tolerate-different-laws-different-states

Ryan McMaken

Most commentary on the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization—which overturns Roe v. Wade—has focused on the decision’s effect on the legality of abortion in various states. That’s an important issue. It may be, however, that the Dobbs decision’s effect on political decentralization in the United States is a far bigger deal.

After all, the ruling isn’t so much about abortion as it is about the federal government’s role in abortion. State governments are free to make abortion 100 percent legal within their own borders. Some states have already done so. The court’s ruling limits only the federal government’s prerogatives over abortion law, and this has the potential to lead to many other limitations on federal power as well. In this way, Dobbs is a victory for those seeking to limit federal power. 

The decentralization is all to the good, and there’s nothing novel about it. Historically, state laws in the US have varied broadly on a variety of topics from alcohol consumption to divorce. This was also true of abortion before Roe v. Wade

Moreover, decentralizing abortion policy in this way actually works to defuse national conflict. This is becoming even more important as cultural divides in the United States are clearly accelerating and become more entrenched. Rather than fight with increasing alarm and aggression over who controls the federal government—and thus who imposes the winner’s preferences on everyone else—people in different states will have more choices in choosing whether to live under proabortion or antiabortion regimes. In other words, decentralization forces policymakers to behave as they should in a confederation of states: they must tolerate people doing things differently across state lines.  This will be essential in avoiding disaster, and laissez-faire liberals (i.e., “classical liberals”) have long supported decentralization as a key in avoiding dangerous political conflicts. Ludwig von Mises, for example, supported decentralization because, as he put it, it “is the only feasible and effective way of preventing revolutions and civil … wars.”

The Impulse to Use Federal Power to Force Policy on Everyone

Law has never been uniform across state lines in the United States, although this was not for a lack of trying on the part of the federal government. As the power of the federal government grew throughout the twentieth century, the central government repeatedly sought to make policy uniform and put it under the control of federal courts and regulatory agencies. Prior to Roe v. Wade, abortion was a state and local matter only. Before the drug war, the federal government did not dictate to states what plants they should let their citizens consume. Before the Volstead Act, “dry” states and “wet” states had far different policies on alcohol sales. Some states had lenient divorce laws. Some did not. Some states allowed gambling. Even immigration was once the domain of state government. Although some federal law enforcement agents existed in the nineteenth century, “law and order” was overwhelmingly a state and local matter prior to the rise of agencies like the FBI. 

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Those Nefarious Neocons, and Their Magnificent (F)Lying Machines.

Posted by M. C. on June 30, 2022

By Capt. Randall

As a detached observer, every life form on Earth is here for a reason, possesses a sovereign right to be and is essential to my existence. Plants, animals, bacteria and even this humble hominid deserve respect since we all live and breathe in the web of life. No group should own another; that’s slavery, rape and the egregious egocentric power over life and death.  Yet phony religions, oppressive governments and organized criminals have assumed such powers over the millennia. Earth will remain a planet of killer-apes until this institutionalized spell is broken.

As pro & con Roe v. Wade protests dominate the news cycle, angry Americans are distracted, divided and misdirected yet again.  They chase mice like kitty cats while ignoring the gorilla rampaging in the room.  Though I detest abortion and champion personal rights, is it not possible to hold two or two hundred opposing thoughts simultaneously? Emotions never ran this high while the demonization of Russia and collusion with China went on for decades.  Our hostile propaganda and aggressive intent openly threatened these giants with sanctions, proxy wars and surreptitious conspiracies.  Threats create defensiveness until spitting and pissing contests come to blows.

The point is that we value some lives more than others.  Death wears a thousand faces. Wars, famines, preventable disease, natural disasters and media-anxiety fatigue claim more lives than aborting fetuses by the numbers. If ever a late late term “abortion” was called for it is to suck-out a neocon infected administration from Washington that is driving our empire toward oblivion.

Protests only occur over approved back-burner issues, and then only when provoked by paid participants and FBI assets.  Notice the printed T-shirts and signs?  The rabble didn’t instantly create em out of thin air. The media wasn’t Johnny-on-the-spot with spin and identical talking points by accident.  The mood of the nation was handed us and tweaked on the fly with “improved” versions.

Russiagate may have started as a Clintonite political ploy, but it hardened the view of Putin as an arch enemy.  Sanctions followed, being preliminary acts of war accompanied by belligerent rhetoric and coalition building (of the duly extorted willing). Loud-mouthed war mongers fan the flames until neocon initiatives bear fruit and all opposition is censored and squashed being branded “unpatriotic.” Common sense and public opposition are always late to the ball because criminal entities always strike first, always attack by surprise, always lie, always deny and always shift blame.

How many millions have been killed or forced to emigrate because of our war machine?

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A Victory for Life and Liberty

Posted by M. C. on June 28, 2022

written by ron paul

Whatever your views on the subject, Constitutionaly RP is correct regarding states responsibility.

http://ronpaulinstitute.org/archives/featured-articles/2022/june/27/a-victory-for-life-and-liberty/

The Supreme Court undid one of its worst mistakes last week when it overturned Roe v. Wade, the 1973 decision declaring a constitutional right to abortion. The Constitution reserves to the states the authority to write and enforce laws regarding murder. Since the question of whether or not to legalize abortion revolves around whether abortion is murder, it is not a federal issue. Roe was thus an illegitimate usurpation of state authority.

The Dobbs v. Jackson Women’s Health Organization decision last week will not stop the federal government from using the tax dollars of those who believe abortion is murder to fund abortion and family planning both in the United States and abroad. Those opposed to abortion, and in favor of constitutional government, must continue their efforts to end all federal funding of abortion.

Some state governments, such as in Texas and Mississippi, have adopted laws against abortion that are “triggered” after Roe is overturned. Now, additional pro-life state legislators and activists are no doubt planning to push other states with pro-life majorities to pass legislation outlawing abortion.

States where the majority favor legal abortion are no doubt planning to pass pro-abortion legislation. Some of these states will pass laws providing enhanced financial support for lower-income women to receive abortions. Pro-abortion activists are also planning to provide help to women from states where abortion is outlawed to travel to a state where they can legally “terminate” their pregnancies.

Pro-lifers should not respond to pro-abortion state laws by trying to pass an unconstitutional law making abortion a federal crime. Instead, they should work to change attitudes and build a culture of life. One way to do this is by supporting crisis pregnancy centers. These centers help pregnant women in difficult situations see that there are alternatives to abortion. Sadly, the crisis pregnancy centers are among the “woke” mob’s targets for cancellation. If the left were truly “pro-choice” they would not try to shut down privately run pro-life pregnancy centers.

Many libertarians believe that outlawing abortions violates a woman’s right to bodily autonomy. However, the nonaggression principle, which is the philosophic foundation of libertarianism, prohibits committing acts of aggression. Murder is certainly an act of aggression. Therefore, even though all humans have a right to bodily anatomy, this does not justify abortion.

No one ever asked an expectant mother, “how’s the fetus?” Instead, people ask about the baby. This implicitly acknowledges the unborn child’s humanity and thus the child’s right to live. The denial of this right has warped our constitutional system. More importantly it has contributed to the devaluing of human life that is the root of much of America’s moral crisis. A society that devalues life will not respect liberty. Therefore, all who value liberty must protect the right to life. This does not just include ending abortion. It also includes rejecting the militaristic foreign policy that kills innocents in the name of “freedom and democracy.”

Just as pro-life conservatives should be antiwar, progressives should reject the violence government commits against its own citizens via taxation, income redistribution, and the fiat money system that robs average Americans to benefit politicians and elites. Rejecting the use of force, including government force, will lead to a society that values and protects our lives, liberty, and property.


Copyright © 2022 by RonPaul Institute. Permission to reprint in whole or in part is gladly granted, provided full credit and a live link are given.
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New York Legislature Passes Bill To Investigate Pro-Life Pregnancy Centers For Not Doing Abortions

Posted by M. C. on June 4, 2022

‘This bill weaponizes the power of government against groups whose only wrong is that they disagree with the political positions of the powerful.’

https://www.lifesitenews.com/news/new-york-legislature-passes-bill-to-investigate-pro-life-pregnancy-centers-for-not-doing-abortions/

ALBANY, New York (LifeSiteNews) – The New York legislature passed legislation that will effectively empower the state to investigate pro-life pregnancy centers for not offering abortions, effectively punishing them for their reason for existence.

The bill, S470/A5499, tasks the New York Commissioner of Health to “conduct a study and issue a report examining the unmet health and resource needs facing pregnant women in New York and the impact of limited service pregnancy centers” – meaning centers that do not provide abortions – “on the ability of women to obtain accurate, non-coercive health care information and timely access to a comprehensive range of reproductive and sexual health care services in alignment with their health care needs and that supports personal decision-making.”

The commissioner would be empowered to obtain from pregnancy centers a range of information about their operations, including their tax status and whatever government subsidies they receive. A nine-member temporary task force would then make “recommendations for solutions to address any service gaps or negative impact in the state identified through the study.”

“The commissioner shall issue a report to the governor and the legislature, and publish the report on its public website, containing the findings and policy recommendations no later than 18 months following the effective date of this act,” the bill concludes. “The report may include de-identified patient  information in the aggregate, but shall not include personally identifiable information.”

“This bill weaponizes the power of government against groups whose only wrong is that they disagree with the political positions of the powerful,” New York-based CompassCare Pregnancy Services says. “If legislators can conspire to use the power of government to target their chosen ideological enemies, will this miscarriage of justice stop with pro-life pregnancy centers?”

Such far-ranging pro-abortion measures appear to be part of a broader nationwide trend from pro-abortion activists to fortify abortion-on-demand where they can, in anticipation of the potential overturn of Roe v. Wade this summer.

See the rest here

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Why Rothbardians Should Oppose Roe v. Wade

Posted by M. C. on May 23, 2022

By Llewellyn H. Rockwell, Jr.

It means that libertarians should cease putting all their judicial eggs in the basket of hoping to get good guys, like Richard Epstein or Alex Kozinski, on the Supreme Court. Far more important is getting rid of federal judicial tyranny altogether, and to decentralize our polity radically—to return to the forgotten Tenth Amendment.”

Like most of us who write for LewRockwell.com, I’m opposed to the Supreme Court’s pro-abortion Roe v.Wade decision. If the leak proves to be accurate and the decision is reversed, I’d be glad. As the great Dr. Ron Paul says, “All who support limited, constitutional government should support overturning Roe. The Constitution does not give any branch of the federal government authority to decide what does, and does not, constitute murder. Therefore, federal courts — including the Supreme Court — have no jurisdiction to decide what the penalty should be for performing an abortion.

Overturning Roe would not create a nationwide abortion ban. Instead, it would return to the individual states responsibility for deciding what, if any, restrictions to place on abortion.

If supporters of abortion ‘followed the science,’ they would have to admit that abortion is the taking of human life. A fetus with a heartbeat is developing, but is also still a human with a right to life.

The Biden Justice Department is supporting efforts to overturn the Texas heartbeat law in federal court. President Biden is also supporting the repeal of the Hyde Amendment, which forbids the use of federal funds for abortions. If Biden and Congress are going to use tax dollars to support abortions, then they should allow anti-abortion taxpayers to withhold the percentage of their taxes that would be used to support abortion. The same should go for those with moral objections to America’s militaristic foreign policy that forces US taxpayers to subsidize the killing of innocent men, women, and even children. . . To ensure pro-life Americans are not forced to subsidize abortions — either directly or indirectly, it could be forbidden for organizations that promote or perform abortions to receive any federal funds. Denying federal funds to international organizations that promote or perform abortions might help reduce resentment of the US in other countries.

It is no coincidence that Roe v. Wade came at a time when respect for natural rights of life, liberty, and property was on the decline. Roe contributed to the decline in respect for rights and the rise in public and private immorality. These changes have led to violent crimes, people believing they have a moral claim — that must be enforced by the government — to the property of their neighbors, and acceptance of torture and ‘preemptive’ war. The way to reverse these developments is to restore respect for the inalienable right to life, liberty, and property of all human beings, both born and unborn. The cause of life is inseparable from the cause of liberty.”

Some pro-abortionists, especially so-called “left libertarians,” criticize us in this way. “You claim to be Rothbardians, but Murray Rothbard supported abortion. You are going against Rothbard!” As usual, these phonies have it all wrong. Murray supported reversal of Roe v. Wade. As you would expect, he gives a brilliant argument for reversal.

Rothbard says something few other people would think of. Even if you are “pro-choice,” you should still favor overturning Roe v. Wade. “But even apart from the funding issue, there are other arguments for a rapprochement with pro-lifers. There is a prudential consideration: a ban on something as murder is not going to be enforceable if only a minority considers it as murder. A national prohibition is simply not going to work, in addition to being politically impossible to get through in the first place. Pro-choice paleo-libertarians can tell the pro-lifers: ‘Look, a national prohibition is hopeless. Stop trying to pass a human life amendment to the Constitution. Instead, for this and many other reasons, we should radically decentralize political and judicial decisions in this country; we must end the despotism of the Supreme Court and the federal judiciary, and return political decisions to state and local levels.’ Pro-choice paleos should therefore hope that Roe v. Wade is someday overthrown, and abortion questions go back to the state and local levels—the more decentralized the better. Let Oklahoma and Missouri restrict or outlaw abortions, while California and New York retain abortion rights. Hopefully, some day we will have localities within each state making such decisions. Conflict will then be largely defused. Those who want to have, or to practice, abortions can move or travel to California (or Marin County) or New York (or the West Side of Manhattan.)” https://www.rothbard.it/articles/religious-right.pdf

Many “pro-choice” people oppose reversal because if abortion is left to the state or local community to regulate, then a poor woman who lives in an area where abortion isn’t allowed would have to travel to another area. She might not have the funds to do so, For that reason, they say, leaving abortion up for popular decision is an undue “hardship” on her. Rothbard skewers this so-called “argument:” “The standard rebuttal of the pro-abortionists that ‘poor women’ who haven’t got the money to travel would be deprived of abortions of course reverts back to a general egalitarian redistributionist argument. Aren’t the poor ‘deprived’ of vacation travel now? Again, it demonstrates the hidden agenda of the proabortionists in favor of socialized medicine and collectivism generally”

Murray also opposes forcing taxpayers to subsidize pro-abortionist physicians and counselors. “An unfortunate act of President-elect Clinton was to reverse the Bush policy of not funding physicians who counsel abortions. Leftists cleverly distorted this action as an ‘invasion of the free speech of physicians.’ But no ‘freedom of speech’ was involved. People should be free to speak, but this does not mean they must be shielded from the consequences of such speech. No person, and hence no physician, has a ‘right’ to receive taxpayer funding. Everyone may have the right to say whatever they like, but not the right to say whatever they like and still be funded by the taxpayers. And just as taxpayers should not be forced to fund abortions, neither should they be forced to fund people who counsel abortions.”

As always with Murray, he sees things in their broader context. It isn’t enough to reverse Roe v. Wade, Our target should be the whole system of federal judicial tyranny. “A commitment to radical decentralization means that pro-choicers should give up the Freedom of Choice Act, which would impose abortion rights by the federal government upon the entire country. It means that libertarians should cease putting all their judicial eggs in the basket of hoping to get good guys, like Richard Epstein or Alex Kozinski, on the Supreme Court. Far more important is getting rid of federal judicial tyranny altogether, and to decentralize our polity radically—to return to the forgotten Tenth Amendment.”

The so-called “left libertarians” don’t like Murray’s answer. They aren’t Rothbardians in any sense. We are the true Rothbardians, and we agree with Murray on this vital issue.

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The Irrational, Misguided Discourse Surrounding Supreme Court Controversies Such as Roe v. Wade

Posted by M. C. on May 4, 2022

The Irrational, Misguided Discourse Surrounding Supreme Court Controversies Such as Roe v. WadeThe Court, like the U.S. Constitution, was designed to be a limit on the excesses of democracy. Roe denied, not upheld, the rights of citizens to decide democratically.

Politico on Monday night published what certainly appears to be a genuine draft decision by Supreme Court Justice Samuel Alito that would overturn the Court’s 1973 decision in Roe v. Wade. Alito’s draft ruling would decide the pending case of Dobbs v. Jackson Women’s Health Organization, which concerns the constitutionality of a 2018 Mississippi law that bans abortions after fifteen weeks of pregnancy except in the case of medical emergency or severe fetal abnormalities. Given existing Supreme Court precedent that abortion can only be restricted after fetal viability, Mississippi’s ban on abortions after the 15th week — at a point when the fetus is not yet deemed viable — is constitutionally dubious. To uphold Mississippi’s law — as six of the nine Justices reportedly wish to do — the Court must either find that the law is consistent with existing abortion precedent, or acknowledge that it conflicts with existing precedent and then overrule that precedent on the ground that it was wrongly decided.

Alito’s draft is written as a majority opinion, suggesting that at least five of the Court’s justices — a majority — voted after oral argument in Dobbs to overrule Roe on the ground that it was “egregiously wrong from the start” and “deeply damaging.” In an extremely rare event for the Court, an unknown person with unknown motives leaked the draft opinion to Politico, which justifiably published it. A subsequent leak to CNN on Monday night claimed that the five justices in favor of overruling Roe were Bush 43 appointee Alito, Bush 41 appointee Clarence Thomas, and three Trump appointees (Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett), while Chief Justice Roberts, appointed by Bush 43, is prepared to uphold the constitutionality of Mississippi’s abortion law without overruling Roe.

Draft rulings and even justices’ votes sometimes change in the period between the initial vote after oral argument and the issuance of the final decision. Depending on whom you choose to believe, this leak is either the work of a liberal justice or clerk designed to engender political pressure on the justices so that at least one abandons their intention to overrule Roe, or it came from a conservative justice or clerk, designed to make it very difficult for one of the justices in the majority to switch sides. Whatever the leaker’s motives, a decision to overrule this 49-year-old precedent, one of the most controversial in the Court’s history, would be one of the most significant judicial decisions issued in decades. The reaction to this leak — like the reaction to the initial ruling in Roe back in 1973 — was intense and strident, and will likely only escalate once the ruling is formally issued.

Every time there is a controversy regarding a Supreme Court ruling, the same set of radical fallacies emerges regarding the role of the Court, the Constitution and how the American republic is designed to function. Each time the Court invalidates a democratically elected law on the ground that it violates a constitutional guarantee — as happened in Roe — those who favor the invalidated law proclaim that something “undemocratic” has transpired, that it is a form of “judicial tyranny” for “five unelected judges” to overturn the will of the majority. Conversely, when the Court refuses to invalidate a democratically elected law, those who regard that law as pernicious, as an attack on fundamental rights, accuse the Court of failing to protect vulnerable individuals.

This by-now-reflexive discourse about the Supreme Court ignores its core function. Like the U.S. Constitution itself, the Court is designed to be an anti-majoritarian check against the excesses of majoritarian sentiment. The Founders wanted to establish a democracy that empowered majorities of citizens to choose their leaders, but also feared that majorities would be inclined to coalesce around unjust laws that would deprive basic rights, and thus sought to impose limits on the power of majorities as well.

The Federalist Papers are full of discussions about the dangers of majoritarian excesses. The most famous of those is James Madison’s Federalist 10, where he warns of “factions…who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.” One of the primary concerns in designing the new American republic, if not the chief concern, was how to balance the need to establish rule by the majority (democracy) with the equally compelling need to restrain majorities from veering into impassioned, self-interested attacks on the rights of minorities (republican government). As Madison put it: “To secure the public good, and private rights, against the danger of such a faction, and at the same time to preserve the spirit and the form of popular government, is then the great object to which our enquiries are directed.” Indeed, the key difference between a pure democracy and a republic is that the rights of the majority are unrestricted in the former, but are limited in the latter. The point of the Constitution, and ultimately the Supreme Court, was to establish a republic, not a pure democracy, that would place limits on the power of majorities.

Thus, the purpose of the Bill of Rights is fundamentally anti-democratic and anti-majoritarian. It bars majorities from enacting laws that infringe on the fundamental rights of minorities.

See the rest at Glenn Greenwald on Substack

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Judicial Review? No. Nullification | Abbeville Institute

Posted by M. C. on February 24, 2021

https://www.abbevilleinstitute.org/blog/judicial-review-no-nullification/

By Earl Starbuck

“Acts of congress, to be binding, must be made pursuant to the constitution; otherwise they are not laws, but a mere nullity.” -St. George Tucker

“There is no danger I apprehend so much as the consolidation of our government by the noiseless, and therefore unalarming instrumentality of the Supreme Court.” -Thomas Jefferson

As a pro-life Jeffersonian, I am constantly frustrated by the endless line of pro-life activists who talk about the Supreme Court overturning Roe v. Wade.[1] There are multiple reasons this irks me. For one thing, the Supreme Court will never overturn Roe because its members are dedicated to the preservation of precedent. Add on top of that the absurd kangaroo courts that Senate confirmation hearings have become, with their character assassinations and incessant prattling about the vital importance of Roe, and it’s clear that the potential Justices are being reminded not to tread on that particular landmine if they wish to be confirmed. The brutal character assassination of Robert Bork is ample evidence of this, as are the farcical witch-hunts against Clarence Thomas and Brett Kavanaugh.

My other objections to this pro-life reliance on Federal Courts are constitutional and practical. To begin with, accepting the Incorporation Doctrine (the legal justification for Roe and its descendants) means accepting the idea that the 14th Amendment incorporates the Bill of Rights against the State governments, including the implied right to privacy and the subsequent right to obtain an abortion. The legal and historical problem with this is that the Bill of Rights was never intended by the Founding Fathers to be applied to the States.[2] There were two primary arguments against the Bill of Rights. The first of these (advanced by men like Roger Sherman, Hugh Williamson, and Theophilus Parsons) was that, since the States already had their declarations/bills of Rights, and since Congress had been given no authority to infringe upon them, a Federal Bill of Rights would be redundant and unnecessary, and might even undermine the sovereignty and authority of the States. 

The second reason for objecting to the Bill of Rights had to do with its length and scope. Enumerating all of the rights protected would be impossible, and therefore would result in an implied surrender of whichever rights they forgot to explicitly protect in the Bill of Rights. Moreover, why say that the government can’t do something (like restrict freedom of speech or the press) if the government hasn’t been granted that power to begin with? (James Wilson and Alexander Hamilton presented these arguments; Hamilton’s is easily found in Federalist Essay #84).

See the rest here

About Earl Starbuck

A native of East Tennessee, Jake Starbuck is an independent historian and a descendant of soldiers on both sides of The Late Unpleasantness and of Governor John Sevier. His father, who was a member of the Sons of Confederate Veterans, taught him to love history and the South. Starbuck holds a BA in History and Political Science from Carson-Newman University and an MA in History from Liberty University. He has no connection to the coffee company. More from Earl Starbuck

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