Justice Stevens and the shadow of death

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Justice Stevens and the shadow of death

(’76 Contributor) The many ways in which Supreme Court Justice John Paul Stevens has weakened our Constitution were outlined in David Harsanyi’s recent Denver Post column. However, Harsanyi left out the “penumbra,” which not only softened the Constitution, but also killed many people, which is far worse than any examples the column detailed.

In the fateful Roe v. Wade decision of 1973, Justice Stevens found a “penumbra” or a shadow in the 14th Amendment and constructed an “abortion right” that has killed 50,000,000 babies in the womb. President Obama said that Justice Steven “applied the Constitution and the laws of the land with fidelity and restraint.”

If that is restraint, how many more babies will be killed with the next appointee?


One Comment

  1. Alexander Hamilton January 6, 2011 at 9:00 am - Reply

    "Meanwhile, lawyers can now spend years happily fighting over just what else the new right of privacy covers."

    Such prescient words from Time Magazine regarding the SCOTUS case Griswold v. Connecticut from 1965. Perhaps Time meant "unhappily," but I digress. Since the majority in Griswold "discovered" the great and wonderful "penumbra," magically bestowing certain unenumerated, and arguably non-existent constitutional rights on the benighted masses, the constitution now "guarantees," among others, the following: marriage, sodomy, travel, and abortion. Paraphrasing Justice Scalia, did we miss the "Bridal," "Sexual Preference," "AAA," and "Reproductive" Clauses of the U.S. Constitution?

    The former "constitutional rights" conjured by the arrant (and errant) SCOTUS of the mid-to-late last century may very well have been acting nobly–indeed, except for abortion, the created rights are not all that controversial. The point is, however, that none of the aforementioned is guaranteed by the constitution. This penumbral nonsense needs to be scrapped, properly ending a decades-long shibboleth that subverts the intentions of the framers of the constitution.

    Thank you.

    P.S. One more quote:
    "I am 83 years old. I cannot remain on this Court forever, and when I do step down, the confirmation process for my successor well may focus on the issue before us today. That, I regret, may be exactly where the choice between the two worlds will be made."

    –Justice Blackmun (author of Roe v. Wade) lamenting the future of future judicial confirmation proceedings focusing on abortion in his concurrence in Planned Parenthood v. Casey.

    I do believe he missed the irony.

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