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Pro-life leaders: 'We mourn the lost hope which Judge Bork represented'

Ben Johnson

Syndicated columnist Thomas Sowell gave an impassioned defense of Robert Bork at the 1987 hearings. He was confronted by then-Senator Joe Biden.

WASHINGTON, D.C., December 19, 2012, (LifeSiteNews.com) -  Upon learning that onetime Supreme Court nominee and legal scholar Robert Bork passed away today, the pro-life movement mourned the loss of his towering intellect – and pondered the unborn lives that might have been saved had he been confirmed 25 years ago.

Bork, 85, died Wednesday at Arlington’s Virginia Hospital Center of heart disease.

The Senate voted against Bork’s nomination to the U.S. Supreme Court in 1987. The vacant seat was ultimately filled by Anthony Kennedy, now considered the court’s “swing vote.”

Kennedy became the pivotal vote in the plurality opinion partially upholding Roe v. Wade, 1992’s Planned Parenthood v. Casey ruling. 

Judge Bork expressed his opinion on two contentious issues – abortion and anti-sodomy laws – in 2003. Like many originalists he believed the federal government did not have a role in the issues which should be dealt with on a state to state basis. This opinion would have countered the 5-4 majority decision of Roe v. Wade.  “The Constitution has nothing in it that would prevent a state from allowing homosexual sodomy, from allowing abortion, or from disallowing homosexual sodomy and disallowing abortion. Those are topics simply not addressed by the Constitution,” he said. 

“The Constitution assumes that most of our laws will be made by the moral choice of the American people acting through their legislatures,” he said.

The pro-life movement has long believed Justice Bork could have led the court in overturning Roe v. Wade.

“We are not only saddened by the passing of Judge Bork as an amazing human being, but we mourn the lost hope which Judge Bork represented,” Troy Newman, president of Operation Rescue, told LifeSiteNews.com. “The past 40 years has seen too many lost children and far too many lost opportunities, like Judge Bork’s defeat, to stop the killing.”

“America has become an impoverished nation in so very many ways because of Judge Bork’s rejection from the Supreme Court,” Gerard Nadal, the Academic Dean of Holy Apostles College and Seminary in Cromwell, CT, told LifeSiteNews. “With more than 56 million citizens aborted, marriage redefined, and liberal educational policies and standards that have placed America dead last among the industrialized nations of the world,” Nadal said the state of American culture will stand as “Judge Bork’s great vindication.”

Family Research Council President Tony Perkins recalls that Bork was “a strong voice for the role of judges as constitutional interpreters rather than legislators. If other judges reflected his understanding of the modest, limited role of judging, I have no doubt that the American people would be freer.”

The future federal judge was born in Pittsburgh on March 1, 1927. After taking a break in his studies to serve in the Korean War, Bork graduated the University of Chicago Law School in 1953.

Bork taught at Yale Law School, where he became the nation’s foremost advocate of an originalist interpretation of the Constitution. Sometimes called strict constructionism, Bork’s views denied that the Constitution was open to ever-changing meanings discerned by the current Supreme Court justices, the view that gave rise to Roe v. Wade. At Yale Law, he taught a variety of future decision makers from across the political spectrum, including Bill and Hillary Clinton, Anita Hill, and John Bolton.

President Nixon appointed Bork Solicitor General of the United States in 1973, a post he held under President Ford until 1977. After a brief return to Yale, President Reagan appointed him to the U.S. Court of Appeals for the District of Columbia Circuit in 1982.

When U.S. Supreme Court Justice Lewis Powell retired, Ronald Reagan nominated Bork for his seat on September 18, 1987.

The confirmation hearing marked a turning point in American political culture. While the Senate had rejected nominees Clement Haynsworth Jr. in 1969 and Harrold Carswell in 1970, neither man endured the vitriolic personal attacks unleashed against Robert Bork.

“Robert Bork’s America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens’ doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists could be censored at the whim of the government, and the doors of the federal courts would be shut on the fingers of millions of citizens for whom the judiciary is, and is often the only, protector of the individual rights that are the heart of our democracy,” Ted Kennedy bellowed from the well of the Senate.

“Judge Bork’s nomination to the Supreme Court exposed the ugly depths liberals will sink to advance their assault on our Constitution,” Paul E. Rondeau, executive director of the American Life League, told LifeSiteNews.com. The bruising hearings “will stand as an eternal reminder of the great personal sacrifice made by one man in defense of his country and culture.”

Bork, who relished intellectual combat, gave as good as he received. On October 23, his nomination went down to defeat by a vote of 52-43, with Republican Senators such as Bob Packwood and Arlen Specter voting nay, while two Democrats voted to confirm.

So heated was the treatment the judge received that character assassination received a new name: “Borking.” The tactics would be revived against future justice Clarence Thomas.

After Bork’s defeat, Reagan nominated Harvard professor Douglas Ginsburg, who withdrew his nomination after admitting he had smoked marijuana. Justice Anthony Kennedy ultimately filled the vacancy. 

Bork resigned his judgeship in 1988 over his treatment. He turned his intellectual might into a force for the Founder’s views of the Constitution through books, including Slouching Toward Gomorrah, and as a fellow at the American Enterprise Institute (AEI) and Ave Maria Law School.

“Rarely does one meet a towering intellect – someone who presents the hardest issues in a way which reveals their true substance. Judge Bork was such a man,” Americans United for Life President and CEO, Dr. Charmaine Yoest said. “In my acquaintance with him, I found him to be generous with both his time and wisdom, truly sharing his gift with the world.”

“Judge Bork’s scholarly philosophy of originalism gave influence and renewed life to the constitutional intent of our forefathers,” Rondeau told LifeSiteNews.

Although his hearings pivoted around divisive social issues such as abortion, Bork made a significant contribution to antitrust law. Michael H. Schill, a law professor at the University of Chicago, said Bork’s “legacy to the world of law and economics, and to antitrust law, cannot be overstated.” 

Former Reagan administration Attorney General Edwin Meese called Bork “one of our nation’s greatest legal minds,” who “leaves a lasting legacy of scholarly excellence and integrity.”

Outgoing Heritage Foundation President Ed Feulner regards the judge as “a titan in the legal field.”

Although he appreciated a fixed precedent, Bork changed his mind on one vital point: He converted to Catholicism in 2003.

“His brilliant legal mind also saw the truth of Christianity, and in his later years Judge Bork grew closer in his relationship with Jesus,” Tony Perkins said. “His deep faith and trust in God is an example for all of us.”

Judge Robert Bork is survived by his wife, Mary Ellen – whom Perkins notes is “a fellow champion of the sanctity for human life” – as well as three children from his first marriage, Ellen, Robert, and Charles; and two grandchildren.

All original quotations for this article were gathered by John-Henry Westen.



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Texas AG to Target: Show me how you’ll protect women and kids from criminals

Claire Chretien Claire Chretien

AUSTIN, Texas, May 5, 2016 (LifeSiteNews) – The latest backlash Target received as a result of its transgender bathroom policy was a letter from Texas Attorney General Ken Paxton asking the company to provide its safety policies to protect women and children from “those who would use the cover of Target’s restroom policy for nefarious purposes.” 

“Target, of course, is free to choose such a policy for its Texas stores,” Paxton wrote in a letter to Target CEO Brian Cornell. He noted the possibility of the Texas Legislature addressing the issue in the future, but said, “regardless of whether Texas legislates on this topic, it is possible that allowing men in women’s restrooms could lead to criminal and otherwise unwanted activity.”

“As chief lawyer and law enforcement officer for the State of Texas, I ask that you provide the full text of Target’s safety policies regarding the protection of women and children from those who would use the cover of Target’s restroom policy for nefarious purposes,” Paxton continued.

More than 1.1 million people have pledged to boycott Target over its new policy allowing men to access women’s bathrooms.  Opponents of the policy worry that it puts women and children at risk by emboldening predators, who may now freely enter women’s restrooms. 

Target’s new policy is “inclusive,” the company claims, and they say “everyone…deserves to be protected from discrimination, and treated equally.” 

“Texans statewide can no longer be silent on the issue of protecting the safety of women and children,” Texas Values President and Attorney Jonathan Saenz said in a statement Wednesday urging Texans to boycott Target.  This is the first time in its history the pro-family group has called for a boycott. 

“We need all Texans to understand that Target is using this radical change in their store policy to try convince people that our laws should be changed in this dangerous direction as well,” said Saena.  “Our goal with this boycott is for Target to change its dangerous new policy, to raise awareness of the real threats to safety that these policies bring and to help businesses and lawmakers understand the significant opposition to such measures that is growing daily… Texans all across our state must join this Boycott Target effort before someone gets hurt.”

On Tuesday a male allegedly filmed an underage girl at a Frisco, Texas, Target fitting room.  Police are searching for the man. 

There have been numerous incidents of male predators across North America accessing women’s facilities and citing transgender policies as allowing them to do so.  



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Donald Trump, the presumptive nominee for the Republican Party, represents virtually everything the Republican Party has typically defined itself over against a katz / Shutterstock.com
Albert Mohler

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Christians, America has reached a crisis point. Are you ready to take up this challenge?

Albert Mohler

May 5, 2016 (Albert Mohler) -- For nearly two and a half centuries, Americans have enjoyed the enormous privilege and responsibility of forming our own government—a privilege rarely experienced throughout most of human history. For most of history, humanity has struggled with the question of how to respond to a government that was essentially forced upon them. But Americans have often struggled with a very different reality; how do we rightly respond to the government that we choose? 

To put all of this in historical perspective, the Framers of the American experiment understood that a representative democracy built on the principle of limited government would require certain virtues of its citizens. These would include a restraint of passions and an upholding of traditional moral virtues, without which democracy would not be possible. As the idea of limited government implies, the citizenry would be required to carry out the social responsibilities of the community without the intrusion of government and, thus, citizens would be expected to have the moral integrity necessary for such an arrangement. The Framers of the American Republic also agreed that it would be impossible to have a representative democracy and a limited government if the people did not elect leaders who embodied the virtues of the citizenry while also respecting and protecting society’s pre-political institutions: marriage and family, the church, and the local community.

Thus, the idea of a limited government requires that society uphold and pursue the health of its most basic institutions. When a civil society is weak, government becomes strong. When the family breaks down, government grows stronger. When the essential institutions of society are no longer respected, government demands that respect for itself. That is a recipe for tyranny.

Much of this was essentially affirmed until the early decades of the 20th century when progressivists began promoting an agenda that fundamentally redefined the role of the federal government in public life. By the middle of the 20th century, the Democratic Party had essentially embraced this progressivist agenda, becoming committed to an increasingly powerful government—a government whose powers exceeded those enumerated in the Constitution. At the same time, the Democratic Party also began advocating for a basic redefinition of the morality that shaped the common culture. By and large, however, the Republican Party continued to maintain a commitment to the vision of America’s founders, advocating for a traditional understanding of morality while also upholding the principle of limited government.

By the 1980s, the two parties represented two very different worldviews and two very different visions of American government. For decades, each party has acted rather predictably and in ways that accord with their fundamental principles. All of that, however, has now changed.

The 2016 presidential campaign has developed in an entirely unpredictable manner and, in many respects, represents a crisis in American democracy. This crisis is not limited to either party. Bernie Sanders, the Independent senator from Vermont, has won several stunning victories in the primary season over presumed Democratic nominee Hillary Clinton. While it is still extremely likely that Clinton will become the Democratic nominee, Sanders support among voters represents a populist flirtation with Democratic Socialism. This pattern is something few Democrats could have imagined just one year ago. What this foray into Democratic Socialism represents, then, is a radical adjustment of the Democratic Party’s basic economic principles. Thus, even if Hillary Clinton becomes the nominee, the process will likely drag her even further to the left, eventually redefining the Democratic Party before our very eyes.

But if it is remarkable to see what is happening in the Democratic Party, it is absolutely shocking to see what is happening among Republicans. Traditionally, the Republican Party has established its reputation by standing for the principles advocated by the American Founders—limited government upheld by the health of society’s primary institutions such as marriage, family, and community. Yet Donald Trump, the presumptive nominee for the Republican Party, represents virtually everything the Republican Party has typically defined itself over against. Clearly, both political parties are now redefining themselves. What is not clear is where each party will ultimately end up. What is also not clear is whether the American experiment can survive such radical political change.

As already noted, the American experiment in limited government requires that the citizenry and those who hold public office honor certain moral virtues and respect the institutions that are crucial for a society to rightly function. Yet, we now find ourselves in a situation where the three leading candidates for president show little to no respect for such institutions in their articulations of public policy.

This fundamental redefinition of the American political landscape requires Christians to think carefully about their political responsibility. Make no mistake; we cannot avoid that responsibility. Even refusing to vote is itself a vote because it privileges those who do vote and increases the value of each ballot. In truth, we bear a political responsibility that cannot be dismissed or delegated to others. Every Christian must be ready to responsibly steward his or her vote at the polls.

To put the matter bluntly, we are now confronted with the reality that, in November, Hillary Clinton will likely be the Democratic nominee and Donald Trump the Republican nominee. This poses a significant problem for many Christians who believe they cannot, in good conscience, vote for either candidate. As a result, Christians are going to need a lot of careful political reflection in order to steward their vote and their political responsibility in this election cycle.

Headlines from around the world tell us that other representative democracies are at a similar moment of redefinition. Political turmoil now marks the United Kingdom and also nations like France and other key American allies. Perhaps democracy itself is now facing a crucial hour of decision and a crucial season of testing. It is no exaggeration to say that democracy is being tested around the world; it is certainly being tested here at home. Yet if this is a moment of testing for democracy, it is also a crucial moment for Christian witness. This election cycle is going to be a particular test for American Christians—and we are about to find out if Christians are up to this challenge.

Reprinted with permission from Albert Mohler.



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‘Sick and twisted’: Scientists keep embryos alive outside womb up to 13 days for experimentation

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May 5, 2016 (LifeSiteNews) – Two teams of scientists have announced that they have been able to keep human embryos alive outside the womb for 13 days for the purpose of conducting scientific experiments. Some call the announcement the onset of a “Brave New World,” while others are petitioning lawmakers to lift sanctions that would keep scientists from experimenting on newly conceived babies even longer.

Researchers from Cambridge University, King's College, and Rockefeller University said in two separate reports that they stopped at 13 days only to avoid violating an internationally accepted law. At least 12 nations restrict the amount of time a newly conceived child may be kept alive in a laboratory to 14 days, the point at which scientists believe “individuality” begins.

The newest development allows scientists to observe newly conceived human beings after the point at which implantation in the womb would have occurred.

Professor Magdalena Zernicka-Goetz, one of the studies' lead researchers, said her team's breakthrough could advance embryonic stem cell research and “can improve IVF success.”

Some scientists have called on the international community to extend the amount of time such experimentation can take place.

“If restrictions such as the 14-day rule are viewed as moral truths, such cynicism would be warranted,” three experts – Insoo Hyun, Amy Wilkerson, and Josephine Johnston – wrote in a commentary published yesterday in Nature magazine. “But when they are understood to be tools designed to strike a balance between enabling research and maintaining public trust, it becomes clear that, as circumstances and attitudes evolve, limits can be legitimately recalibrated.”

Pro-life experts said the experimentation destroys human life and could lead to grave ethical dilemmas by extending the research.

“No human being should be used for lethal experimentation, no matter their age or stage of development,” said Dr. David Prentice, a professor of molecular genetics and an Advisory Board Member for the Midwest Stem Cell Therapy Center. “The 14-day rule is itself arbitrary, and does not assuage those who believe life begins at the moment of sperm-egg fusion. Moreover, allowing experiments on human embryos beyond 14 days post-fertilization risks the lives of untold more human beings, because it further encourages creation and destruction for research purposes.”

Kristan Hawkins, president of Students for Life of America, called the experimentation “sick and twisted.”

“Science has undeniably proven that a new human life, with unrepeatable DNA, begins at conception,” she said. “There is no reason for experimentation on that human life and science itself should not be heralding thae fact that a tiny human being can survive now for two weeks outside of the womb, all for the sole purpose of experimentation.”

Dr. Prentice noted that embryonic stem cell research “has yielded no benefit thus far,” leading even its most vocal advocates, such as Michael J. Fox, to admit it has not lived up to its promise.

“If this research does not stop at 14 days, where does it stop?” asked Prentice. “This is a risky step which could encourage further eugenic attitudes and actions.”

Dr. Prentice encouraged Congress “to have a full and open debate on the issue of human embryo research before the research community moves further without oversight.”



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