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A Word from Bishop Higi - July 31, 2005
 

Don't tell me being pro-life is un-American!

PRAISED BE JESUS CHRIST!
(Now and Forever)

The morning after President Bush announced that he was nominating John Roberts to serve as associate judge of the United States Supreme Court, USA TODAY quoted Wade Henderson of the Leadership Conference on Civil Rights as saying that in making the nomination President Bush “chose the politics of conflict and division over bipartisan consensus.”

The Henderson theme will be repeated many times over. Granted that the abortion debate ignites passionate disagreement, such demagogy is an insult to those among us who are horrified by unrestricted abortion on demand. And, there are more of “us” than Mr. Henderson may want to admit.

A March 3, 2005, Harris Poll announced: “Only a small majority still supports Roe vs. Wade and opposition is at its highest in 20 years.” Harris reported that support for Roe dropped to 52 percent from 57 percent. Opposition has grown from 41 percent to 47 percent. That’s an 11-point shift in six years. But, even these figures are deceiving. When analyzed, the pollster mischaracterized the abortion decisions of 1973 (Roe vs. Wade and Doe vs. Bolton).

Take a close look at the question presented by the pollster: “In 1973, the U.S. Supreme Court decided that state laws which made it illegal for a woman to have an abortion up to three months of pregnancy were unconstitutional, and that the decision on whether a woman should have an abortion up to three months of pregnancy should be left to the woman and her doctor to decide. In general, do you favor or oppose this part of the U.S. Supreme Court decision making abortions up to three months of pregnancy legal?” (emphasis added) Note, too, that this was a telephone poll conducted among a cross section of 1,022 adults, of whom 442 identified themselves as pro-life while 512 identified themselves as pro-choice. There was also a sampling error of plus or minus three percentage points.

Now look at the wording of another question in the poll: “In general, do you think that abortion should be legal or illegal during the following stages of pregnancy?” The choices offered were “the first three months,” “the second three months” and “the third three months.” Seventy-two percent of the respondents thought abortion should be illegal in the second trimester and 86 percent stated abortion should be illegal in the third trimester.

Even claims of majority support for abortion in the first trimester are open to question. In April 2004, a Zogby International poll asked if abortion should be permitted after the unborn child’s heart has begun to beat. Sixty-one percent answered “no.” A baby’s heartbeat can be detected at 21 to 22 days after conception. And 65 percent said abortion should not occur after fetal brain waves have been detected. They are recordable at 40 days (less than halfway through the first trimester).

Here’s the point. The way questions are asked can and do determine the outcome of polls. The more people come to understand that abortion is available on demand through all three trimesters of pregnancy, the more they back away from the “strong public support” some would have us believe pervades the land.

Factors leading to an erosion of support for abortion are rather clear: (1) the wide-spread use of ultrasound imaging has brought to light the humanity of unborn children; (2) partial-birth abortion has horrified the public and demonstrated how extreme the U.S. abortion law is; (3) the inability to stop partial-birth abortion has frustrated the public and legislators, and turned opinion against the judicial system unwilling to end this barbarous violence.

Edward Lazarus, a legal commentator, who supports abortion and is a former law clerk to Justice Blackmun, Roe’s author, has described Roe vs. Wade as “one of the most intellectually suspect constitutional decisions of the modern era,” adding that as “a matter of constitutional interpretation and judicial method, Roe borders on the indefensible.”

The chairman of the U.S. bishops’ Committee for Pro-Life Activities, Cardinal William Keeler of Baltimore, wrote to each senator in January: “We (the U.S. bishops’ Committee for Pro-Life Activities) are troubled by reports that national abortion advocacy groups and even some U.S. senators view nominees who oppose the purposeful taking of innocent human life as somehow unfit for judicial office in the United States. It is further reported that attempts would be made to deny them a vote on confirmation by the full Senate.

“Insisting that judicial nominees support abortion throughout pregnancy is wrong. By any measure, support for the Supreme Court’s 1973 Roe vs. Wade decision is an impoverished standard for assessing judicial ability. For over three decades, Roe has sparked more informed criticism and public resistance than any other court decision of the 20th century. Even legal scholars who support abortion have criticized Roe for not being grounded in the U.S. Constitution. Further, in 2000, the Supreme Court relied on Roe to rule that the gruesome and inhumane practice of partial-birth abortion must be constitutionally protected.

“When considering nominees the Senate should not allow itself to be held captive to such an unfair and unreasonable standard.”

A ton of money will be spent between now and the Senate hearings for the confirmation of John Roberts as associate justice of the Supreme Court. Abortion is a huge industry in the United States. Vested interests are numerous. I know nothing about Mr. Roberts. If confirmed, he may prove to be a disappointment. The issue on the table is whether Roe vs. Wade should be a litmus test for appointment to the Supreme Court. It should not if we truly believe all people have an inalienable right to life.

You may wish to write to Senator Lugar (senator_lugar@lugar.senate.gov) and/or Senator Bayh (bayh.senate.gov/WebMail1.htm) in these or similar words: “All human beings deserve respect and protection from harm, especially those who are most defenseless. Yet the U.S. Supreme Court, Roe vs. Wade and Doe vs. Bolton, violated these principles when it created a new ‘right’ to abortion throughout pregnancy. Because of Roe and Bolton, the court rules that even children who are partially born can be killed. As your constituent, I urge you not to require support for Roe vs. Wade (and its companion case Doe vs. Bolton) as a condition for determining a nominee’s fitness for judicial office.”

Hearts are hardened on this issue, but it must be believed that we as individuals can make a difference. Perhaps things will not change if Judge Roberts is confirmed, but Roe should not be a litmus test for people nominated to serve on the Supreme Court. Belief in the sanctity of life is not un-American.


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