Capitol police placed fencing in front of the U.S. Supreme Court on Dec. 1, 2021, during oral arguments in Dobbs v. Jackson Women’s Health Organization, in an attempt to separate rallies by abortion supports and pro-lifers. / Katie Yoder/CNA
Denver Newsroom, May 3, 2022 / 18:00 pm (CNA).
The Supreme Court’s previous abortion rulings were “egregiously wrong from the start” and on a “collision course with the Constitution.” These are among the colorful phrases of a 98-page preliminary draft of a U.S. Supreme Court decision that could return abortion law to the U.S. states and their voters.
The draft in Dobbs v. Jackson Women’s Health Organization was leaked on Monday evening. The Supreme Court stressed that the document “does not represent a decision by the Court or the final position of any member on the issues in the case.” But the draft shows some insight into the thought of author Justice Samuel Alito on how the court might overturn the pro-abortion decisions Roe v. Wade and Planned Parenthood v. Casey.
Here are some choice thoughts, phrases, and arguments from Alito’s draft:
Mandatory legal abortion is overruled, the debate goes back to the states.
“Abortion presents a profound moral question,” the draft concludes. “The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives.”
“We hold that Roe and Casey must be overruled,” Alito said in his introduction. “The Constitution makes no reference to abortion and no such right is explicitly protected by any constitutional provision, including the one on which the defenders of Roe and Casey now chiefly rely: the Due Process Clause of the Fourteenth Amendment.”
It’s about human life: Abortion ‘fundamentally different’ than related court decisions
“Roe’s defenders characterize the abortion right as similar to the rights recognized in past decisions involving matters such as intimate sexual relations, contraception, and marriage, but abortion is fundamentally different, as both Roe and Casey acknowledged, because it destroys what those decisions called ‘fetal life’ and what the law now before us describes as an ‘unborn human being’.” (p. 5)
“None of the other decisions cited by Roe and Casey involved the critical moral question posed by abortion.” (p. 32)
‘Egregiously wrong from the start’
“Stare decisis, the doctrine on which Casey’s controlling opinion was based, does not compel unending adherence to Roe’s abuse of judicial authority. Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have inflamed debate and deepened division.” (p. 6)
Women’s voices on abortion must be heard through the legislature and the ballot box, not the courts
“Our decision returns the issue of abortion to those legislative bodies, and it allows women on both sides of the abortion issue to seek to affect the legislative process by influencing public opinion, lobbying legislators, voting, and running for office. Women are not without electoral or political power. It is noteworthy that the percentage of women who register to vote and cast ballots is consistently higher than the percentage of men who do so.” (p. 61)
The states have ‘legitimate interests’ to regulate abortion.
“…procuring an abortion is not a fundamental constitutional right because such a right has no basis in the Constitution’s text or in our nation’s history.
“It follows that the States may regulate abortion for legitimate reasons, and when such regulations are challenged ‘under the Constitution, courts cannot ‘substitute their social and economic beliefs for the judgment of legislative bodies’.
“…These legitimate interests include respect for and preservation of prenatal life at all stages of development, the protection of maternal health and safety; the elimination of particularly gruesome or barbaric medical procedures; the preservation of the integrity of the medical profession; the mitigation of fetal pain; and the prevention of discrimination on the basis of race, sex, or disability.” (p. 65-66)
Roe v. Wade was ‘on a collision course with the Constitution’ from day one.
“…Roe’s constitutional analysis was far outside the bounds of any reasonable interpretation of the various constitutional provisions to which it vaguely pointed. Roe was on a collision course with the Constitution from the day it was decided, and Casey perpetuated its errors, and the errors do not concern some arcane corner of the law of little importance to the American people.
“Rather, wielding nothing but ‘raw judicial power,’ the Court usurped the power to address a question of profound moral and social importance that the Constitution unequivocally leaves for the people.
“Casey described itself as calling both sides of the national controversy to resolve their debate, but in doing so, Casey necessarily declared a winning side. Those on the losing side—those who sought to advance the state’s interest in fetal life—could no longer seek to persuade their elected representatives to adopt policies consistent with their views. The Court short-circuited the democratic process by closing it to the large number of Americans who dissented in any respect from Roe.” (p. 40)
Abortion precedents relied on bad history and bad reasoning
“The weaknesses in Roe’s reasoning are well-known. Without any grounding in the constitutional text, history, or precedent, it imposed on the entire country a detailed set of rules much like those that one might expect to find in a statute or regulation.” (p. 42)
“What Roe did not provide was any cogent justification for the lines it drew.” (p. 46)
“The Constitution makes no express reference to a right to obtain an abortion, and therefore those who claim that it protects such a right must show that the right is somehow implicit in the constitutional text.
“Roe, however, was remarkably loose in its treatment of the constitutional text. It held that the abortion right, which is not mentioned in the Constitution, is part of a right to privacy, which is also not mentioned.” (p. 9)
“Roe either ignored or misstated this history, and Casey declined to reconsider Roe faulty historical analysis. It is therefore important to set the record straight.” (p. 16)
“Until the latter part of the 20th century, there was no support in American law for a constitutional right to obtain an abortion. Zero. None. No state constitutional provision had recognized such a right. Until a few years before Roe was handed down, no federal or state court had recognized such a right…
“Not only was there no support for such a constitutional right until shortly before Roe, but abortion had long been a crime in every single State. At common law, abortion was criminal in at least some stages of pregnancy and was regarded as unlawful and could have very serious consequences at all stages. American law followed the common law until a wave of statutory restrictions in the 1800s expanded criminal liability for abortions.” (p. 15)
“By the end of the 1950s, according to the Roe Court’s own count, statutes in all but four states and the District of Columbia prohibited abortion ‘however and whenever performed, unless done to save or preserve the life of the mother’.
“This overwhelming consensus endured until the day Roe was decided. At that time, also by the Roe Court’s own count, a substantial majority—30 States—still prohibited abortion at all stages except to save the life of the mother…
“The inescapable conclusion is that a right to abortion is not deeply rooted in the Nation’s history and traditions. On the contrary, an unbroken tradition of prohibiting abortion on pain of criminal punishment persisted from the earliest days of the common law until 1973.” (p. 24)
The Supreme Court can’t settle the abortion debate
“This Court’s inability to end debate on the issue should not have been surprising. This Court cannot bring about the permanent resolution of a rancorous national controversy simply by dictating a settlement and telling the people to move on. Whatever influence the Court may have on public attitudes must stem from the strength of our opinions, not an attempt to exercise ‘raw judicial power’.” (p. 64)
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Sure. It’s all about acceptance, compassion, inclusion and freedom from bullying. Give me a break.
Except when the “acceptance” and “inclusion” would include Catholics who want to actually be Catholic.
Mitre Dame celebrating Pride month is disgusting. They no longer a Catholic Institution.
NOTRE DAMN UNIVERSITY ADMINISTRATORS admonish critics to consult the bible regarding homosexual activity. How about this:
Noah and Ham (Genesis 9:20–27), Sodom and Gomorrah (Genesis 19:1–11), Levitical laws condemning same-sex relationships (Leviticus 18:22, 20:13), two words in two Second Testament vice lists (1 Corinthians 6:9–10; 1 Timothy 1:10), and Paul’s letter to the Romans (Romans 1:26–27).
As for research findings, apparently not mentioned in the Notre Damn website puff piece, how about this “trinity” of findings:
FIRST, one recent study in the mix is a review of two hundred peer-reviewed studies on sexual orientation and gender identity. The conclusion: scientific evidence does NOT support the popular notion that “gender identity is an innate, fixed property of human beings that is independent of biological sex” (Mayer/McHugh, The New Atlantis: A Journal of Technology and Society, Ethics and Public Policy Center, No. 50, Fall 2016).
SECOND, more recent research into the genome itself points to some genetic markers—it does NOT find a gay gene—AND concludes that these markers do NOT account for same-sex behavior. https://news.yahoo.com/no-gay-gene-study-finds-180220669.html
From the news release:
Five of the genetic markers were “significantly” associated with same-sex behavior, the researchers said, but even these are FAR FROM being predictive of a person’s sexual preferences. “We scanned the entire human genome and found a handful – five to be precise – of locations that are clearly associated with whether a person reports in engaging in same-sex sexual behavior,” said Andrea Ganna, a biologist at the Institute of Molecular Medicine in Finland who co-led the research. He said these have “a very small effect” and, combined, explain “considerably LESS THAN 1% of the variance in the self-reported same-sex sexual behavior.”
This means that non-genetic factors – such as environment, upbringing, personality, nurture – are far more significant in influencing a person’s choice [!] of sexual partner, just as with most other personality, behavioral and physical human traits, the researchers said.
THIRD, even a relatively innocuous modern addiction—overindulgence in digital and virtual reality games—is found to produce corresponding neuro-chemical and possibly cellular changes in the brain itself, e.g., dopamine which is responsible for reward-driven behavior. A recent study completed at University College London (using MRI technology) strongly implies that a habit of lying [e.g., university website puff pieces?] tends to suppress the part of the brain (the amygdala) that responds emotionally to a “slippery slope” pattern of small and then larger lies (Garrett/Ariely/ Laxxaro, Nature Neuroscience Journal, October 24, 2016; reported by Erica Goode, New York Times, October 25, 2016).
Good observations, and if they were honest and open minded about considering how ideology reinforces habituated behavior, they would consider the significance of the fact that 98 percent of homosexuals are pro-abortion. And if they do not, they would do some soul-searching as to the ideological make-up of their beliefs that coaused them to not consider the meaning of this fact.
And one more comment about genetics. The self-evident fact that homsexuals have fewer children than non-homosexuals would provide evidence that genetic factors, if they ever existed, would diminish over time form the gene pool, not increase.
Edward, and yet this hasn’t happened. The mystery of sexual orientation continues. It must be more complex than we think.
Excellent, thorough response
“…God only created this binary.”
Desperation time in trying to find Bibical support for mental illness and lifeless sodomy.
The Holy Spirit has warned us about those who “tamper with God’s word” (2 Cor 4,2) or do “abide in the teaching of Christ” (2 John 9).
Question for Notre Dame and their alumni: What is more important, fidelity to the faith or the football team?
I am sickened and saddened to see the continual moral and theological decline of Catholic institutions, including the Church and its leadership. Wolves have entered into the sheepfold and are devouring the flock. Where are the shepherds of Christ who will defend and care for the flock? False shepherds have infiltrated the Church, leading the flock astray, abusing the flock, stealing from the flock. Demons appearing as angels of light have seduced the minds of shepherds and sheep, leading them away from the Truth that sets men free, the Truth that is the only way to the Father. They twist God’s Word to conform to the passions of the flesh and the god of this age, instead of choosing to be transformed by the pure Word of God into the image and likeness of God. With words and teaching disguised as Truth, they slowly poison the hearts and minds of the flock. Those who are poisoned remain within the flock, even leading it, destroying the Church from within, for a little leaven leavens the whole lump.
“For although they knew God, they did not honor him as God or give thanks to him, but they became futile in their thinking, and their foolish hearts were darkened. Claiming to be wise, they became fools…. Therefore God gave them up in the lusts of their hearts to impurity, to the dishonoring of their bodies among themselves, because they exchanged the truth about God for a lie and worshiped and served the creature rather than the Creator, who is blessed forever! Amen.” (Romans 1:18-32)
“But you must remember, beloved, the predictions of the apostles of our Lord Jesus Christ. They said to you, ‘In the last time there will be scoffers, following their own ungodly passions. It is these who case divisions, worldly people, devoid of the Spirit.” (Jude 17-18)
“‘I know your works. You have the reputation of being alive, but you are dead. Wake up, and strengthen what remains and is about to die, for I have not found your works complete in the sight of my God. Remember, then, what you received and heard. keep it, and repent. If you will not wake up, I will come like a thief, and you will not know at what hour I will come against you.'” (Jesus Christ to the Church in Sardis, Revelation 3:1-6).
“Where are the shepherds of Christ who will defend and care for the flock?” We have one here in the Diocese of Springfield in Illinois.
Equality for the LGBTQ group? Why doesn’t the LGBTQ group start with an in-depth study of those who are like themselves? With such tendencies who feel trapped and don’t want that condition. And then those who love their situation which is condemned by the Creator. I remember a guy who I had often seen at Mass who committed suicide because he had these tendencies and didn’t want them. I know of a young boy at this time who has rejected God and says he plans to commit suicide because he doesn’t want to be gay. I know of two females who find themselves in this situation and have become totally reclusive being filled with anger and hate. I have heard horror stories of such people who think suicide is the only way out. With equality, the LGBTQ group should make a sturdy study on this and release it to the public, what do they have to fear, they claim it’s a great life. Maybe Notre Dame University can launch this study. The bottom line, when it comes to LGBTQ there are 2 types of people. Those who don’t want these attractions and feelings and then there are those who have them and in their vileness and wickedness are proud of it. May the Sacred Heart of Jesus have mercy on these poor souls.
Andrew Angelo, you are right, and the suicide rate is much higher among these people. It must be incredibly disheartening and confusing to know inside that you are conflicted with an inner struggle, but then all around you in the world people are telling you it’s a choice, or that it’s okay, and there’s nothing wrong with you. It’s a mental illness, and until the medical field classifies it as such (like they used to), there will be more unresolved depression and suicides. These people aren’t getting the necessary tools and help to deal with their disorder. Imagine knowing you have a sore toothache, but your dentist keeps telling you it doesn’t hurt, or the hurt is good, and that you chose it! Talk about gaslighting…
Andrew, thanks for witnessing the struggle of gay Christians. You do so much for gay people by sharing your persinal experiences. I can say that I thought I was royally f*ucked when I found that I was gay. I thought my life was over.
Notre Dame denigrated itself the day they awarded an honorary degree to pro-abortion Barack Obama. They continue to denigrate themselves by admitting that the Bible in the Book of Genesis claims that “God began by creating human beings of male and female sex,” then adding that, “there is nothing that indicates in Scripture that God only created this binary.” Wrong. The creation account declares binary (male and female) as the natural law without explaining it further, because natural law is what works. If Notre Dame desires to shame its name by advocating for the most deadly sin of Pride, they should include the explanation of Adam and Eve desiring to be God, which is the lack of humility in recognizing who they were made to be and wanting to be more. The alphabet people are imitating Adam and Eve in their desire to take God’s place by declaring His creation inadequate or incomplete. They attempt to make themselves above God by obliterating His natural law to “be fruitful and multiply.” That, people, defines binary.
To the point—and Notre Dame wears the crown of all the Catholic universities that
support and promote what is called “sexual reassignment” together with all the trimmings. Other institutions of higher learning(indoctrination) are more covert.
Great comment!
Why are Catholic parents still sending their kids here?
Sodom and Gomorrah Now. A take on Coppola’s Apocalypse Now. Our once livable culture is becoming fast dangerous. Obscenity celebrated in virtually all commercials, social gatherings. Churchgoing reduced to live streaming. If at all. Once proudly Catholic, Notre Dame home of beloved convert Norwegian born Knute Rockne perhaps best football coach ever. Now a feminized charade of what once was. Transformation has been so rapid and plenary most seem dazed [those still with normal sensitivities] angry or join the self indulgent orgy many angry as well. Anger is commonplace a form of discontent with it all not finding Nirvana in cancel culture. In olden times back when prophets prophesied about God angels appeared here and there on our Earth. During Sodom and Gomorrah Now, an alert must be given. Angels enter at your own risk.
Absolutely sickening to see the way ND has capitulated to the zeitgeist and abdicated its role as America’s foremost Catholic university (though the problem goes back even further to the Land O’ Lakes Statement) in the last 20 years.
When I was a student in the mid ’90s, ND refused to grant the “Gays and Lesbians of ND/SMC” group (The T and Q and + blah blah, hadn’t been added yet!) any official status (which would have allowed them to receive extracurricular activity funds, usage of certain buildings, etc.) Now the University itself openly celebrates homosexuality and “trans,” and endorses renaming a month after one of the 7 deadly sins.
Will never give another dime to ND.
P.S. Will people please stop saying “Notre Dame University”? It’s University of Notre Dame. Thanks.
Oh people. Fr. Jenkins didn’t write the article a marketing director named Cidni Sanders wrote the story. She is neither a theologian, professor, nor adminstrator, I don’t think she is even Catholic. But she is the nicest person ever and she has a job to do and it is to write about diversity and inclusivity. This year she also authored articles about North Korean immigrants, refugees from Africa…and God Forbid…Muslims at UND. If you are really concerned go and visit and talk to one of the many Holy Cross priests on the University of Notre Dame campus or do like Raymond Arroyo and I did and send your kid there. My son was the only one of his High School classmates with a big smile on his face at the end of his academic year because they were they only university to trust in God and open up, (Even though my wife and I were very concerned to hear he charged the field after the Clemson game). I don’t like it either but a top notch university should be about dialogue and dialectic about everything in the seen and unseen world.
Franciscan University opened up fully last fall. And no vaccinations required. ND disclaims liability for its decision because the student can choose to reject vaccination and go somewhere else (and give up their coveted spot at ND)
My son got a full scholarship to UND. We as a family are struggling to make ends meet in order to send our 2 other sons to Catholic High School, if the Lord has blessed us with not having to pay for a college education for my oldest son I think that is a good thing – even if it has its problems.
Oh, it was written by some non-Catholic PR flack – well, that’s ok then! Sorry, the University is responsible for what it’s PR people write in its name.
And the only outrage you can muster about anything is the idea that your son may have gone onto the field during the Clemson game!? Oh my God, what a crime! Hope you never saw the 1993 FSU game! We’d have given you a heart attack – even tore down the goalposts!
Cidni Sanders…”the nicest person ever.” But, it all happens on Jenkins’ watch.
The name of the game is stealth and compartmentalization. In the Navy the slogan is that “you can delegate responsibility, but you can’t delegate accountability.” The Administration has failed, and is accountable.
There are many of us whose children are attending UND who are praying a new dawn for UND with the resignation of VP of Student Affairs Ms. Harding and installation of Fr. Gerard Olinger. I trust in the Holy Spirit.
Notre Dame is apostate, and serves as the collegial flagship of the 50-year-long project that is the now the “McCarrick Establishment.”
Notre Dame owes its status as “apostate-power-house” to its progenitor frauds McCarrick and Hesburg, co-creators and co-signers of the 1967 “Land-of-Lakes Statement,” by which the co-signing apostates and apostate-sex-abusers, including McCarrck and Hesburg, declared their universities’ “freedom in the face of authority of whatever kind….”
Read it here:
http://sycamoretrust.org/wp-content/uploads/Land-OLakes-Statement.pdf
And notice on the last 2 pages the signatory apostate frauds, including the “Right Rev. Theodore E. McCarrick, President, Catholic University of Puerto Rico.”
So there you have it, the entire superstructure of the contemporay US Church establishment is founded by the sociopath sex abusing fraud McCarrick, and his fellow fruad apostates.
The Good Shepherd made this declaration: “I spew them out of my mouth.”
True that, Chris!
It is an error to cite the Bible. The opposition does not accept it as a viable source, indeed homosexual activists want to declare it hate literature. The argument must be based on nature where the primary law is perpetuation of the species. Homosexuality does not fit into nature’s plan, and must be regarded as an aberration. This separates the person from the act — a process disapproved by the activists.
So when are devout Catholic families going to stop fawning over the school? The appeal of reputation, beautiful campus, high competitiveness, and football is too great. Raymond Arroyo sent his child(ren) there. My own youngest daughter thinks it’s THE school to attend.
Franciscan University, as well as others, needs the support of Catholic families. My oldest son attends Franciscan and said in his freshman year, “everyone should come here.”