Home Page
Bishop's Office
Bishop Higi
Bishop's Office Staff
Bishop's Schedule
A Word from Bishop Higi
Archives of A Word from Bishop Higi

A Word from Bishop Higi - April 17, 2005
 

 Using Roe as a 'litmus test'

PRAISED BE JESUS CHRIST!
(Now and Forever)

The infamous Roe vs. Wade ruling of 1973 was not based on anything in the U.S. Constitution. Even the man who wrote the majority opinion, the late Justice Harry Blackmun, said that the ruling was based on “penumbras and emanations” from the Constitution. The dictionary defines “penumbra” as “vague, indefinite or borderline area.” In his dissenting opinion, Justice Byron White called the decision “an exercise of raw judicial power.” At least four Supreme Court justices and many legal scholars have called the “right to abortion” an invention not found in the Constitution. In simple point of fact, there is nothing in the Constitution that bestows a right to terminate the life of an unborn human being. Yet, 40 million deaths later — deaths of a type often referred to before Roe as “unspeakable crimes” — the killing continues unabated. However morally depraved it is, it’s legal.

If, despite common sense, logic and whatever else it takes to see what isn’t there, judges continue to insist that abortion is a right granted by the document, then the Constitution needs to be amended.

The National Committee for a Human Life Amendment is working very diligently toward this goal. The latest effort of the committee is a postcard campaign encouraging U.S. senators not to employ a Roe litmus test in their evaluation of nominees for the court posts sent to the Senate by the president. While I respect this enthusiasm, and I support the aims of the NCHLA, I have my doubts about the effectiveness of postcard campaigns. On the other hand, I have a great deal of confidence in the effectiveness of letters to lawmakers. Letters make a difference. A thousand postcards, all the same size, all saying the same thing, don’t have the impact of a letter. A thousand personally written letters will make a big impact. I ask you to consider writing a letter to U.S. Sen. Evan Bayh asking him not to require a litmus test of support for Roe vs. Wade for judicial nominees.

The NCHLA notes most appropriately that government has a responsibility for protecting human dignity and caring for the needs of the poor and vulnerable. I find it difficult to believe that a United States senator does not see the moral / ethical importance of protecting defenseless human beings. Yet, today, some insist that if a person stands in favor of protecting an innocent unborn child, that person is not fit to serve in the judiciary. Roe vs. Wade is a violation of basic human dignity. It denies the protection of law for an entire class of human beings — those waiting to be born. It is not only bad civil law; it is an unjust, inhumane, immoral threat to human life.

Roe vs. Wade and Doe vs. Bolton created a “right” to abortion for the full nine months of pregnancy. It is “legal” in this country to kill a child moments before it is born. Many don’t believe it — even after all these years and even after being told time and again. It is a fact. Many have gone to the mat defending the heinous, barbaric act of partial-birth abortion. It is horrifying even to describe the procedure. Thank God both our senators voted to ban partial- birth abortion; although the law has been challenged based on, of course, constitutionality.

This most grievous act notwithstanding, abortion advocates and some U.S. senators believe that one must embrace a woman’s right to kill her unborn child or that person is not fit to serve as a judge. Every single person making such a claim was at one time an unborn child, but that point is hardly persuasive for these advocates.

There is no calculating the damage abortion has had on our hearts and minds as a society.

Women have suffered, and families; there is no telling the impact on the tender consciences of the young growing up in a world where life itself is not valued. The great dignity of the medical profession is degraded by those who participate in destroying life. Roe vs. Wade has poisoned all it has touched. It has coarsened and harmed us immeasurably. And, even though few mention it, it is part of the Social Security “crisis.” Having allowed the termination of millions of productive citizens, we are becoming a nation of senior citizens.

Few argue the legal merits of Roe anymore. Edward Lazarus, former clerk to Justice Blackmun himself, said, “Roe borders on the indefensible.” When senators “oppose a judicial appointment because of the nominee’s opposition to Roe,” he said, “they not only endorse, but make a litmus test out of one of the most intellectually suspect constitutional decisions of the modern era.”

Roe vs. Wade is bad law resulting in bad medicine and bad social policy. The vast majority of Americans believe that the unlimited right to abortion is wrong (Zogby International April 2004). The U.S. Senate votes to confirm nominees for the federal judiciary. Let them know that support for Roe vs. Wade should not be used as a litmus test for judicial nominees. Please do something. Write a letter. Call the senator. Write a letter to your local newspaper. E-mail is becoming an increasingly valuable tool. Send an e-mail.

Sen. Evan Bayh is one senator who needs to hear this message because 1) he is one of our elected officials in the U.S. Senate, and 2) he is the only Indiana U.S. senator who has voted to support Roe vs. Wade. Here is his access information:

Sen. Evan Bayh, 1650 Market Tower, 10 W. Market St., Indianapolis, IN 46204

Phone: 317-554-0750

http://bayh.senate.gov/LegForm.htm

Information for this column was derived from an NCHLA pamphlet titled “No Roe Litmus Test.” This pamphlet is inserted in this week’s edition.


The ministries of our diocese and this web site are made possible through the generosity of Fruitful Harvest donors. Thank you!

©2008 Diocese of Lafayette-in-Indiana