Pro-life leaders: 'We mourn the lost hope which Judge Bork represented'
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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Pro-life group asks: Pray for abortionists who sell baby body parts
February 11, 2016 (LifeSiteNews) - This Lent, a pro-life group would like you to pray for an abortionist - specifically, an abortionist who facilitates the sale of unborn babies' body parts.
The Pro-Life Action League is asking for people to pray for three people in particular throughout the 40 days of Lent. All three were caught on video by the Center for Medical Progress.
Dr. Deborah Nucatola appeared in the first video released last July, sipping red wine and stabbing her salad as she discussed the dismemberment of aborted children, including where to “crush” their bodies for a "less crunchy" technique.
The second is Dr. Mary Gatter, who appeared in the second undercover video, haggling over the prices Planned Parenthood expected to receive for the aborted children's organs and tissue. At one point, she joked that she wants the revenue to pay for “a Lamborghini.”
And the third is Planned Parenthood CEO Cecile Richards, who was also caught in the first video praising Dr. Nucatola.
Despite the shocking evidence uncovered by CMP, Richards has insisted her organization did not receive any profit for what she dubs its "fetal tissue donation program." She apologized only for Dr. Nucatola's "tone." She has since said that Planned Parenthood will not receive any remuneration for babies' body parts.
"These three architects of Planned Parenthood’s baby parts scheme have devoted their lives to the destruction and exploitation of human life in the name of ‘choice,’" said Eric Scheidler, executive director of the Pro-Life Action League. "If we won’t pray for them, who will?”
He asked Christians to pray for these three abortion industry profiteers - and for Richards, who is a post-abortive woman - in order to fulfill Jesus Christ's commandment in the Bible, “Love your enemies, and pray for those who persecute you” (St. Matthew 5:44).
“In God’s eyes, what abortion has done to these three women may be worse than what they’ve done to unborn children, who now rest in our Lord’s loving arms," Scheidler said.
For most Catholics, Lent began yesterday on Ash Wednesday, and lasts 40 days.
Texas AG faces ethics probe for saying clerks can refuse to issue gay ‘marriage’ licenses
AUSTIN, Texas, February 11, 2016 (LifeSiteNews) – The attorney general of the state of Texas is facing an ethics investigation for having affirmed the constitutional religious freedom of state workers to decline to issue marriage licenses to same-sex couples if it goes against their religious beliefs.
Attorney General Ken Paxton took steps to address the issue of conscience protection in his state before and after last June's Supreme Court's Obergefell decision imposing same-sex "marriage" on all 50 states, first issuing a statement the day prior clarifying that Texas law recognizes the definition of marriage as between one man and one woman and recommending that state officials wait for direction from his office should the High Court move to redefine marriage.
Paxton then issued a statement two days after the ruling, his office allowing county clerks and their employees to retain religious freedoms that may allow accommodation of their religious objections to issuing marriage licenses to same-sex couples, and said as well that justices of the peace and judges would similarly retain religious freedoms.
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A month later, a group of some 200 attorneys filed a complaint asserting that Paxton's position encouraged officials to violate the U.S. Constitution and break their oaths of office, according to ABC News.
The complaint was dismissed at first by the Office of Chief Disciplinary Counsel of the State Bar of Texas, but it was reinstated February 2 by a state Supreme Court-appointed appeals board, which contended that the complaint alleges a "possible violation" of professional conduct rules.
The appeals board decision to reinstate the case does not mean Paxton violated professional ethics, according to the ABC report, but does require him to respond to the complaint in conjunction with the investigation.
"The complaint has always lacked merit," said Paxton spokeswoman Cynthia Meyer, "and we are confident the legal process for resolving these complaints will bear that out."
Paxton was among several state officials across the U.S. who moved to ensure conscience protection in the immediate aftermath the Obergefell ruling, at times garnering the ire of homosexual activists.
Last July, South Dakota's attorney general granted permission to county clerks with conscientious objections to opt out of issuing marriage licenses to same-sex couples as long as another clerk in the office would issue the license.
In a highly contentious case, Davis had asked for a religious accommodation allowing her office to issue altered licenses to homosexuals without her name on them, which was eventually granted by Kentucky's Governor Matt Bevin. However, the ACLU sued, seeking to force Davis to issue the old forms with her full name on them. A federal judge rejected the suit earlier this week.
Last year, homosexual activists sent harassing messages, including threats of violence, to Oklahoma State Senator Joseph Silk and his family after the Republican legislator sponsored a bill that would have given the state's business owners the freedom to follow their religious convictions in regard to homosexual "marriage."
Paxton faces penalties varying between a reprimand and disbarment resulting from the ethics complaint. The Texas attorney general is also facing securities fraud charges.
This pro-abortion billionaire may run for president
NEW YORK, February 11, 2016 (LifeSiteNews) - He's an upwardly mobile, socially liberal billionaire whose political affiliation has changed numerous times over the years. He's teased numerous presidential campaigns in the past, but this time he's talking like he's serious. And no, he's not who you think he is.
Michael Bloomberg, who served three terms as mayor of New York City, has confirmed to media sources that he is considering running for president as an independent in 2016.
Bloomberg told told the Financial Times this week that he finds American political "discourse and discussion distressingly banal and an outrage and an insult to the voters," and that he's “looking at all the options."
The 73-year-old tycoon was a registered Democrat before switching parties to run in the less contested Republican primary in 2001. He became a registered independent in 2007.
As mayor, Bloomberg governed as a social liberal who strongly supported abortion and the LGBT political agenda.
In 2011, Bloomberg signed a controversial gag order directed at crisis pregnancy centers. A year later, he endorsed Barack Obama's re-election, saying that abortion-on-demand is part of "the world I want to leave my two daughters, and the values that are required to guide us there."
That's the same year Bloomberg Philanthropies announced a $50 million undertaking to expand "reproductive health," including a major partnership with Planned Parenthood-Global to overturn pro-life laws in four nations: Nicaragua, Sengal, Uganda, and Burkina Faso.
Mayor Bloomberg played a pivotal role redefining marriage in New York state, giving the four Republican state senators who voted for New York’s same-sex “marriage” bill the maximum campaign contribution allowed by law. One retired and a second lost his primary fight.
His strong emphasis on health regulations, such as attempting to ban soft drinks larger than 16 ounces, did little to enhance his popularity and were deftly parodied by Sarah Palin. (A state court struck down the proposed regulation.)
The financial heft he could bring into the race, as well as his quirky politics, has tempted Bloomberg to enter presidential politics in the past. He considered a presidential run in 2008 and thought more strongly about a third party bid in 2012, after hosting the inaugural convention of the “No Labels” movement in New York City in 2010, but he backed off each time after not seeing a viable path to victory.
With an estimated fortune of $39 billion, he has said he would be willing to spend more than $1 billion on his campaign in 2016 - but he would only enter the race if the Republican Party nominates Donald Trump or Ted Cruz, and the Democratic Party nominates Bernie Sanders.
He called Jeb and Hillary Clinton "two quality” candidates and "the only two who know how to make the trains run." Jeb reciprocated last month, telling CNN that Bloomberg is "a good person, and he’s a patriot and wants the best for the country.”
At least one of his competitors is eager to see Mike run. "I hope he gets into the race," Donald Trump told Greta Van Susteren on Fox News Wednesday night. "I'd love to compete against him...I would love to see Michael in the race."
That is likely because polling shows Bloomberg would draw most of his support from the Democratic candidate. "Although he is characterized as the New York counterpunch to Trump, Mayor Mike Bloomberg is more the nemesis of Bernie than he is of Donald," said Tim Malloy, assistant director of the Quinnipiac University Poll.
Bernie Sanders would defeat both Trump and Cruz in a head-to-head match, according to Quinnipiac. But if Bloomberg entered the race, he would win 15 percent of the vote largely from Sanders, giving Trump a one-point victory in the popular vote (and narrowing Cruz's loss to one point).
However, he could throw a major wrench in the Democrats' electoral college total, according to columnist Pat Buchanan.
"Not only would Bloomberg lose the Big Apple, his statewide vote would come mostly from the Democratic nominee, giving Republicans the best opportunity to carry the Empire State since Ronald Reagan coasted to re-election in 1984," wrote Buchanan, who served as White House communications director during Reagan's second term.
“It’s not beyond imagining that he could get in and have an effect on the race,” Sen. Sheldon Whitehouse, D-RI, told The Hill.
Perhaps sensing this, numerous Democrats - including Senators Claire McCaskill and Jeanne Shaheen - have thrown cold water on a Bloomberg presidential run.
Democratic National Committee chairwoman Debbie Wasserman Schultz, a Florida congresswoman, said this week that an independent Bloomberg candidacy "won't be necessary" - because the Democrats already represent social liberals.
"I really think when he takes a good hard look, he will conclude that the issues that are important to him...[have] a natural home among our Democratic candidates," she said. "And so, I think Michael Bloomberg's agenda is well cared-for and advanced among our Democratic candidates, and his candidacy, I think he will find, won't be necessary.""
His entrance into the race would be a true injection of "New York values" - making him the third or fourth New Yorker in the race - alongside fellow billionaire Trump from Queens, the Brooklyn-born Sanders, and onetime New York Senator Hillary Clinton.
Annie Linskey, a reporter for the Boston Globe who once worked for Bloomberg, told Fox News on Monday that there is "about a four" percent chance that Bloomberg will run.