This Crosstalk featured Mat Staver, the founder and chairman of Liberty Counsel, who spoke at a VCY America rally earlier this month in Southeast Wisconsin.
Mat began by pointing to a significant divide in America. If you watched any of the Senate Judiciary confirmation hearings, you saw how divided America is, how the rhetoric is increasing, how people are being dehumanized, and how there are organizations trying to encourage people to engage in not just civil disobedience, but violence.
He cited Ashley, the wife of Brett Kavanaugh. She brought their 2 girls to the hearings for this historic event involving their father. The hearing became so vulgar and crude that she had to rush the girls out and they were not able to return. In addition, Brett’s mother and father were brought to tears on that first day of confirmation over what they were seeing and hearing.
Why is this hearing of such consequence? First of all, Brett Kavanaugh would be replacing Anthony Kennedy. President Reagan appointed Kennedy and actually was the president’s 3rd choice. The first was Judge Robert Bork. He was attacked and lost confirmation by a couple of votes. The second choice had to resign. The resulting choice, Anthony Kennedy, became the swing vote in 1992 in the Planned Parenthood v. Casey decision out of Pennsylvania.
Based upon medical science, it was predicted that Roe v. Wade would be overturned. This was due to the fact that the trimester system didn’t work. Viability moved from the 3rd trimester into the 2nd, and Roe simply made up the system and when life begins. Medical science had completely undercut that by 1992, and legal scholars knew that Roe had no constitutional basis, so these two factors led to the belief that Roe would be overturned.
Following oral arguments in the case, it was still felt that Roe was about to go. William Rehnquist wrote the decision and it was to overturn Roe. He was writing it for 30 days. Justices O’Connor and Souter, both Republican appointees, lobbied the other Republican appointee, Kennedy, to change his vote. They argued that the reason he needed to change his vote was because the Supreme Court has power only because people trust it. If they don’t have that trust, it loses its power. So if people lose confidence in the court in 1992, that what was said in 1973 had no basis in the Constitution, they would lose their power. So after 30 days, Kennedy was persuaded, flipped sides, and he wrote a note to Justice Blackmun, who was still on the bench, and it became a 5-4 vote to uphold Roe v. Wade.
This example from American history shows that there are those who ultimately want laws such as Roe v. Wade to remain in place because they want a judge who will impose his/her own viewpoint on citizens irrespective of what’s written in the Constitution. So it comes down to whether you believe judges should interpret the law or make the law.
When you review this Crosstalk broadcast, you’ll see how this is the backdrop for the response often seen and heard from those opposing the the Trump administration over the past year and a half, as he’s handled topics such as Israel, the battle for life, religious liberty, LGBTQ issues, the courts, the economy, and more.
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