Partial Birth Abortion Ban Upheld

Yesterday the Supreme Court upheld a finding that the law Congress passed and signed into law by President Bush is legal. I keep hearing that the right wingers on the court are against partial birth abortion. They may or not be but has that got to do with the price of tea in China?

The Democratic candidates for President universally condemned the decision. I am baffled why this is a problem. Last time I checked, the Democrats had the majority. They even have a handful of Senators that are pro-life. What is so hard to understand here? The previous Congress passed this law, so go to the well of the House and Senate and rescind it. Easy correct? Oh I see the rub is they need to get the President to sign this new legislation. They also have to get by a certain filibuster. Yes the same filibuster rule they loved the last twelve years. They therefore have to win elections to get their agenda through to the people. Furthermore if they actually tell the people what their agenda is the people may not vote them back in. When the courts run interference for them it is much easier to get their agenda through.

This is a lesson in civics. The founders never meant for the courts to make law. There is a reason. The people get to speak through their representatives. Too many people choose not to speak, but that is not the fault of the founders. Studies have shown that up to 90% of people polled, (the ratios vary by study, but always a vast majority) disagree with partial birth abortion. This does not overturn Roe v. Wade it upholds the law concerning partial birth abortion. An overturn is possible in the future, but again, passing a law in each state is all you will have to do. If the people are so much in support, that should not be a problem. I believe a law in Congress should be overturned as in most cases there is not Interstate Commerce.

Here is my suggestion, Ms. Clinton, Mr Obama, and the rest. Pass your legislation. Win the Presidential election, and sign the legislation. While campaigning let the people know this is your intention. This of course may preclude you getting elected if the people know that you are on the record supporting the procedure known as partial birth abortion. You see contrary to the truth about the justices, when you vote for this grisly procedure, you are advocating it, not just affirming that you have the right. For that reason this is not so much a victory for right wingers like me, it is a victory for the Constitution. We can thank James Madison, Thomas Jefferson and the other founders, not Antonin Scalia.