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Yet Another Earnest (and Pointless) Look at Roe v. Wade

Our own Jason Adkins, whose blogging has been mysteriously interrupted, emailed this Washington Times Op/Ed piece as potential blogging fodder. I’m pretty sure this is not what he had in mind, but I am happy to comply.

The article, authored by Helle Dale of Heritage Foundation fame, focuses on medical advances that might soon obviate the pseudo-scientific trimester/viability incantations that provide most of the smokescreen in the base judicial usurpation commonly known as Roe v. Wade. She makes the observation that the point of viability, when a baby can survive outside the womb (with help), is getting pushed earlier and earlier. However, if her aim is to buck up the pro-life rank and file, she missies the mark entirely.

Roe is often mistaken for the core of the right to an abortion. But Roe is simply a tool, one that was quite useful for a messianic court in 1973. The left has enshrined it as some kind of founding document of the equal rights movement, but no serious lawyer bothers to defend its reasoning. Roe will be cast aside the moment that it is no longer useful to the left. It may be true that the words dealing with viability are a self-limiting principle in Roe in a logical sense, but reason plays no role in the alleged right to kill a human baby. The Court would certainly have not bothered with the viability and trimester scietificism if it felt it was not necessary to help the ignorant get with the program.

The simple fact is that there is virtually no limit to the right of abortion. Abortion is the malignancy of judicial usurpation, just one of many evils that spring from the collapse of the constitutional order. Recent abortion decisions in the federal courts do not even bother to hearken back to Roe, except as a kind of vestigial genuflection. The task of the activist judges now is to cow the States and Congress out of placing any limits whatsoever on abortion. We the people can't stop minors from having access to abortion. We can't stop minors from going across state lines for access to abortion. We can't stop federal funds from paying for these deaths. We can't even come too near an abortionist's office. It is legal in our country not only to kill a fetus in the womb but to bring it through the birth canal in a sick parallel of birth and kill it outside the womb in the air it was meant to breathe. All this in the name of the "health" of the woman.

Who is naive enough to suppose that the perpetrators of this holocaust will stop when it can be shown that their own logic games in Roe no longer support them? The vampiric animus at work here is a profligate insurrectionary hedonism that seeks only the unrestrained fulfillment of appetites and the removal of all value judgments that might complicate that fulfillment. The "health" of the woman is now the operative concept being used by the abortion legal lobby. Already the more savvy abortion opponents are focusing on the woman and the physical, psychological and spiritual trauma inflected. One killed, one wounded, as the saying goes. But shall we employ science in the battle against the judicial opinions that legalized partial birth abortion? In ten years, when science can empirically demonstrate that having an abortion damages the reproductive system and leads to clinical depression, will the abortions stop? Only a fool would think so. The radical individualists will find another banner to wave. And by then, after many more counter-majoritiarian social rulings from the federal judiciary have stripped religion from the public square, legitimized every form of deviant behavior and eviscerated all law enforcement, the champions of death will not bother with legal reasoning at all.

Dale herself exposes the true state of affairs. One of the cutting edge technologies she mentions is described this way:

“[Dr. Liu’s] method is to remove cells from the mother's endometrium (the lining of the womb), and grow those cells in a hormones-and-growth-enzymes "bath." Then they let the cells rapidly grow on a scaffold made of biodegradable material molded in the shape of a uterus, into which she plants the embryo. By this method Dr. Liu has already successfully kept alive a brand new human embryo/fetus for six days, after which she voluntarily ended the fetus's existence to comply with current medical-ethics regulations” [Emphasis added].

Ladies and gentlemen, when the current state of medical ethics operates like this, its time to acknowledge that the enemy has us by the throat. Roe is merely one part of the pathology of the culture of death and is not worth another drop of ink. We live with legalized abortion, legitimized homosexuality, protected pornography and all the rest because we have learned to crouch and shuffle before undemocratic powers.

No more marches, no more Congressional hearings, no more litmus tests, no more op-eds. Anyone concerned with ending this accused practice needs to focus their attention on the judiciary and the organs of government that can apply pressure to the robed oligarchs. Ours is a nation founded on open discourse and legislative initiative. Slowly but inexorably, the most important issues are being purposively removed from the public square, insulated from discourse and made impervious to legislation. To ponder the details of any isolated judicial fiat is to miss the point entirely. The point is that we live under a judicial tyranny that enjoys our tacit consent, which is illustrated by Dale’s piece. It is not a judicial case that needs to be recast, but the judiciary itself.

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This page contains a single entry from the blog posted on July 27, 2005 10:55 PM.

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