[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

Kenyan Leader Warns: If Obama Preaches ‘Gay Agenda, We Will Tell Him to Shut Up and Go Home’

Baylor drops ban on 'homosexual acts'

Donald Trump Unloads on Immigration Critics: ‘The United States Has Become a Dumping Ground’

PGA Grand Slam to move from Trump Course in Los Angeles

VIDEO: D.C. Residents Say Take Down Jefferson Memorial, Rename Washington, D.C.

Is Trump Right?

Trump’s Hotel Construction Site Employs Workers Who Came To The U.S. Illegally

Democrat On The Triumph Of Trump: MSM May Kill The Messenger—But Not The Message

GOP to give Obama more power -- again?

Government Crusade Against Churches Begins With Removal Of Non-Profit Status

Gary Johnson Preparing To Run For President In 2016

Rand Paul Interview on Marijuana, Gay Marriage, and Cliven Bundy

FBI raids home of 'Subway diet' spokesman Jared Fogle for child pornography

ILLEGAL IMMIGRANT DEPORTED 6 TIMES CHARGED IN FELONY HIT-AND-RUN OF FAMILY THAT INJURED YOUNG CHILDREN

GOP Border War—Trump vs Jeb, Rick And Marco

TOP GOP DONOR WANTS DONALD TRUMP BANNED FROM FIRST DEBATE

L.A.P.D Training Video Feat. Chris Rock

Donald Trump once proposed a more left-wing tax policy than Bernie Sanders

Millennials' Political Views Don't Make Any Sense

College Student Charged with Felony for Waiting to Pull Over in Well-Lit Area, He Committed No Crime

That Time Donald Trump Filed A Lawsuit To Keep Up An Extra Large American Flag

Mexican Elites Secretly Agree With Donald Trump

Scott Walker’s Wife: One More Reason For SoCons To Worry? (Scott Walkers Wife Supports Same Sex Sandwiches)

Why the Democrats Will Do and Say Anything To Stop Donald Trump

Coulter called all the establishment Republicans in the 2016 field a “bunch of pussies.”

Donald Trump just released an epic statement raging against Mexican immigrants and 'disease'

Ouch! Massive Obamacare Premium Increases Will Dominate 2016

Bill Cosby Admitted to Drugging Woman with Quaaludes in 2005 Deposition

ESPN Pulls Event from Donald Trump Golf Course

Just Pay The Shipping - And I Will Fed-Ex You a Crate Of Cats

Polygamist who appeared on Sister Wives applies for a license to marry his second wife in wake of Supreme Court ruling on gay marriage

Greece should adopt a flat sales tax and end income taxes

Carr: Dependence Day celebration for Afghan deserter

Bloomberg: Good Luck Finding a Place to Hide as Global Markets Crumble

Surrey police officer bellows "I'm in charge here today, OK?" as she shuts down casual soccer game

Greece votes No: The European Union is dying before our eyes

Trade deals are no longer good deals

GREECE JUST TAUGHT CAPITALISTS A LESSON ABOUT WHAT CAPITALISM REALLY MEANS

Mainstream media claims Jade Helm fears are racist as media spin continues ahead of planned urban military exercise

Sign Petition: Don't Vote for Jeb Bush

Ted Cruz on Donald Trump: I ‘Salute’ Him

Then they came for Trump: Peterson warns of what's next if left can take down 'The Donald'

Kelly Thomas’ Last Words Before Police Beat Him To Death, Four Years Ago

What Did Lincoln Really Think of Jefferson?

Pope Francis to chew coca leaves during visit to Bolivia – minister “await the Holy Father” with the "sacred" leaves

College Football and Southern Culture: Coexistence Could Be In Danger

Bernie Sanders is a Sell Out - Guts Audit the Fed Amendment (May-7-2010)

In rebuke to EU, Greece appears to decisively reject bailout terms

Hey - Precious Metals - What's Happening?

Russia outraged by Poland's removal of Soviet war memorial


Status: Not Logged In; Sign In

The Democrats War On Women
See other The Democrats War On Women Articles

housewife, work,

Title: Senate Defeats Filibuster Against Pro-Abortion Obama Judge
Source: lifenews.com
URL Source: http://www.lifenews.com/2012/06/11/ ... inst-pro-abortion-obama-judge/
Published: Jun 15, 2012
Author: Steven Ertelt
Post Date: 2012-06-15 17:29:55 by CZ82
Keywords: None
Views: 997
Comments: 2

Senate Defeats Filibuster Against Pro-Abortion Obama Judge

by Steven Ertelt | Washington, DC | LifeNews.com | 6/11/12 7:07 PM

The Senate defeated a filibuster supported by most Republicans against the latest pro-abortion judicial nominee President Barack Obama put forward, Andrew Hurwitz.

Senators achieved the necessary 60 votes to stop the filibuster and invoke cloture — with all Democrats except West Virginia Sen. Joe Manchin voting to end the filibuster against federal appeals court nominee Andrew Hurwitz and all but 8 Republicans voting to support the block on him. Republican Sens. McCain, Kyl, Alexander, Brown, Snowe, Collins, Lugar and Murkowski voted with Democrats to allow the pro-abortion nomination to move ahead.

Obama added to his pro-abortion record by placing yet another abortion activist in nomination to a top federal appeals court — this time a lawyer credited with helping craft the Roe v. Wade decision. He appointed Hurwitz to the 9th Circuit Court, the most liberal appeals court in the country based in San Francisco and covering laws approved in western states.

The Senate Judiciary Committee voted 13-5 in March to approve Hurwitz as a candidate for a vacancy on the appeals court.

Hurwitz was instrumental to providing some of the legal framework for Roe, which resulted in 54 million abortions. In a law review paper published in 2002, Hurwitz takes partial credit for drafting opinions as a law clerk that the Supreme Court would later use to frame its landmark decision in Roe v. Wade.

When pressed about his pride in that decision during his Senate confirmation hearing, Hurwitz refused to answer. “I do not think it appropriate for a former law clerk to comment on the correctness of an opinion written by a judge during the clerkship term,” he said to Sens. Chuck Grassley (R-Iowa) and Jeff Sessions (R-Ala.).

Leading pro-life groups were strongly opposed to his nomination, with groups like Susan B. Anthony List and Concerned Women for America issuing voting alerts saying they strongly opposed his placement on the appeals court.

“Judge Hurwitz’s involvement and strong approval with regards to then-U.S. District Judge Jon O. Newman’s influence over the 1973 Roe v. Wade Supreme Court decision arouses deep concern over his objectivity in weighing factual information concerning abortion,” said Marjorie Dannenfelser of the Susan B. Anthony List. “Judge Hurwitz’s record of judicial activism on the abortion issue should give pause to questions about his objectivity and ability to serve the Constitution and this nation.”

“The Supreme Court will determine whether our culture is one of Life as guaranteed in the Declaration of Independence or one that advances the rights of one at the expense of another,” she said. “Women are best protected by the rule of law – and blind justice. Their rights are most endangered when personal preference, ideology or personal history inform judgment. Susan B. Anthony and her early feminist compatriots fought for a human rights standard sustained only through blind justice. In that spirit, I respectfully ask that you oppose Andrew D. Hurwitz’s nomination to the Ninth Circuit Court by voting against cloture.”

Penny Nance, Chief Executive Officer and President of the Concerned Women for America Legislative Action Committee, added: “Hurwitz is widely known for his instrumental role in the Supreme Court decision that opened the door to the killing of more than 50 million unborn babies to date. Roe represents one of the most blatant disregards for the U.S. Constitution and our founding principles in American history. Nearly every sincere legal scholar, including many committed liberal ones, admit its arguments are not based in law.”

“Yet still today, Mr. Hurwitz takes pride on his role in helping craft the decision that provided the underlining arguments for Roe. Hurwitz proudly recounts how he was referred to as “the clerk who wrote the Newman opinion,” the decision that served as the basis for Roe, when he went on to apply for clerkships at the Supreme Court,” Nance said.

That abortion support has prompted the National Right to Life Committee to issue a letter explaining Hurwitz’s pro-abortion background:

In 1972, Hurwitz was a clerk to Jon O. Newman, a U.S. District Judge for the District of Connecticut. During the time that Hurwitz was Newman’s clerk, Newman issued a sweeping ruling that struck down a recently enacted Connecticut law that prohibited abortion except to save the life of mother. The Newman ruling — styled as Abele II — was issued the year before the U.S. Supreme Court handed down Roe v. Wade, but after the Supreme Court had conducted the first of two rounds of oral arguments in that case.

In Abele II, Newman enunciated a new constitutional doctrine under which state prohibitions on abortion prior to “viability” would be deemed to be violations of a constitutional “right to privacy.” Newman’s ruling left it an open question to what extent a state would be permitted to apply limitations on abortion even after “viability.”

In 2002, when Hurwitz was 55 years old and already a justice on the Arizona supreme court, he authored an article titled, “Jon O. Newman and the Abortion Decisions,” which appeared in the New York Law School Law Review. In this article, Hurwitz argues that Newman’s Abele II ruling heavily influenced the then-ongoing deliberations of the U.S. Supreme Court in Roe v. Wade. Hurwitz makes a persuasive case for his thesis, citing comments made by Supreme Court justices during the second round of oral arguments in the Roe case, information from the now-public archives of some of the justices who were involved, and personal conversations with Justice Stewart (for whom Hurwitz clerked in 1973-74) and others who were directly involved in the crafting of Roe v. Wade.

Hurwitz provides particularly detailed and plausible evidence that Newman’s opinion was instrumental in persuading Justice Blackmun to abandon a draft opinion that would have limited the “right to abortion” to the first three months of pregnancy, and to adopt instead the more sweeping doctrine laid down in the final Roe v. Wade ruling, under which states were barred from placing any meaningful limitation on abortion at any point prior to “viability” (and severely circumscribed from doing so even after “viability”).

Hurwitz wrote: “This viability dictim, first introduced by Justice Blackmun into the Roe drafts only after Justice Powell had urged that he follow Judge Newman’s lead, effectively doubled the period of time in which states were barred from absolutely prohibiting abortions. . . . Judge Newman’s Abele II opinion not only had a profound effect on the United States Supreme Court’s reasoning, but on the length of time that a pregnant woman would have the opportunity to seek an abortion.” The entire tone of Hurwitz’s article leaves no doubt that he considers Newman’s role in leading the Supreme Court majority to adopt a much more expansive right to abortion than otherwise might have occurred, to be a major positive achievement of Newman’s career.

Roe v. Wade has been critiqued as constitutionally indefensible even by liberal legal scholars who agree with legal abortion as social policy. Many others believe that Newman and the Supreme Court justices who Hurwitz asserts followed Newman’s “lead,” were engaged in a super-legislative activity — an exercise memorably denounced by dissenting Justice Byron White as “an exercise in raw judicial power.” Of these critiques, there is no hint in Hurwitz’s presentation, which is laudatory from start to finish.

The recasting of the draft Roe ruling, which Hurwitz credibly attributes to Newman’s influence, had far-reaching consequences. The absolute number of abortions performed nationwide in the fourth, fifth, and sixth months of pregnancy increased greatly after Roe was handed down. Abortion methods were refined, under the shield of Roe, to more efficiently kill unborn human beings in the fourth month and later. The most common method currently employed is the “D&E,” in which the abortionist twists off the unborn child’s individual arms and legs by brute manual force, using a long steel Sopher clamp. (This method is depicted in a technical medical illustration here: http://www.nrlc.org/abortion/pba/DEabortiongraphic.html) Well over four million second-trimester abortions have been performed since Roe was handed down.

This carnage is in part the legacy of Jon O. Newman – but Judge Hurwitz clearly wants to claim a measure of the credit for himself, as well. In Footnote no. 55 of his article, Hurwitz relates a 1972 interview in which Justice Stewart “jokingly referred to me as ‘the clerk who wrote the Newman opinion’.” Hurwitz remarks that this characterization “I assume . . . was based on Judge Newman’s generous letter of recommendation, a medium in which some exaggeration is expected.” [italics added for emphasis] It is impossible to read Footnote 55 without concluding that Judge Hurwitz could not resist the opportunity to put on record his personal claim to having played an important role in the development of the expansive abortion right ultimately adopted by the U.S. Supreme Court.

NRLC urges you to oppose cloture on the nomination of Judge Hurwitz, and reserves the right to include the cloture vote in the NRLC scorecard for the 112th Congress

Recently, the Judicial Action Group delivered a letter co-signed by the leaders of more than 50 conservative and pro-life organizations to Senator Jon Kyl and other Republicans who have approved of Hurwitz, questioning their support for the nominee.

Ethics and Public Policy Center president Ed Whalen has written about Hurwitz at the National Review and says he should be questioned about his role in developing Roe vs. Wade.

“It’s a very unpleasant surprise to discover that perhaps the lone remaining defender of Roe has been nominated by President Obama to a Ninth Circuit seat,” he writes.

Hurwitz would fill the seat of Judge Mary Schroeder, who retired at the end of 2011.

Post Comment   Private Reply   Ignore Thread  


TopPage UpFull ThreadPage DownBottom/Latest

#1. To: CZ82 (#0)

This was Not about abortions.

Jewish News of Greater Phoenix www.jewishaz.com/Cached - Similar

Its epicenter was near Temple Emanuel of Tempe, and the community ... the nomination of Arizona Supreme Court Justice Andrew D. Hurwitz to the 9th U.S. ...

mcgowanjm  posted on  2012-06-16   9:36:41 ET  Reply   Trace   Private Reply  


#2. To: CZ82, *The Two Parties ARE the Same* (#0) (Edited)

Republican Sens. McCain, Kyl, Alexander, Brown, Snowe, Collins, Lugar and Murkowski voted with Democrats t

You mean to tell me the RINO candidate for President of the US in 2008 voted with the Dims?

I'm shocked! SHOCKED,I TELL YA!.

BTW,would one of you "vote for the lesser of two evils to prevent somebody evil from getting into office" please explain this theory to me again? I seem to be missing the point.

"It is impossible to talk reason with those who can only parrot Party Slogans." sneakypete Sept 2011

Stay Hungry...Stay Foolish --Steve Jobs

Steve Jobs,life-long Dim,and major Barry Soetoro supporter.

sneakypete  posted on  2012-06-16   11:22:07 ET  Reply   Trace   Private Reply  


TopPage UpFull ThreadPage DownBottom/Latest

[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

Please report web page problems, questions and comments to webmaster@libertysflame.com