Roe v. Wade was a horrible decision.
At first, I opposed it because it made abortion legal. Over the years, it has poisoned the political climate.
It imposed a right to abortion which is seen as immoral by large numbers. Over the years, opposition to abortion has been around 40-50% of the electorate. The Gallup reports that it is 51% today.
Without Roe v Wade, the American people would have settled on some definition of abortion. Some states would have it and others not. It would have had a smell of legitimacy because it would have represented the will of the public rather than the opinion of a judge.
Since Roe v Wade, Republicans have gained electoral strength because of this cultural war. It started with Reagan in 1980 and it continues to today.
Roe v. Wade gave us the "Borking" of judicial nominees.
In the past, most judges were accepted because both sides understood that elections had consequences. I don't recall bitter judicial battles in the past. Both sides did play games but nothing like we are seeing today.
Not anymore. It's all about abortion now. This whole battle over judges is about abortion and the secular agenda.
On one hand, you have Republicans who feel that the reversal of Roe v Wade is within reach. They are emboldened by larger and larger Republican majorities in Washington and state capitals.
On the other hand, you have a Democrat party that has to fight for abortion because its primary source of contributions is the secular left. The Michael Moore wing of the Democrat party is the source of money and passion today.
I am not afraid of the voters. I am not afraid of taking this fight over judges to the voters in '06.
Why are people like me angry with judges. Let's look at just what happened in Nebraska.
Bruce Fein is a constitutional lawyer and he writes:
"In 2000, citizens of Nebraska worried over a potential rising tide of judicial outlandishness in the interpretation of state constitutions regarding same-sex "marriage."
Their fears were amply justified.
In 2003, the Massachusetts Supreme Judicial Court insisted the framers of the state's 1780 charter intended to erase any distinction between same-sex and opposite-sex unions in Goodridge v. Department of Public Health.
Before that caper, the Hawaii Supreme Court had tortured the meaning of the state constitution in favor of same-sex "marriages."
Approved by more than 70 percent of the popular vote, the Nebraska amendment provides that "only marriage between a man and a woman shall be valid or recognized in Nebraska.
The uniting of two persons of the same sex in a civil union, domestic partnership, or other similar same-sex relationships shall not be valid or recognized in Nebraska."
Like all other provisions in the Nebraska Constitution, the same-sex "marriage" amendment (section 29) would trump conflicting state statutes enacted by the legislature, just as the U.S. Constitution defeats a contradictory federal law.
Indeed, the whole purpose of a constitution is to place certain subjects beyond alteration by simple legislative majorities."
The people of Nebraska spoke but some judge didn't like what they said.
So he canceled the election.
Judge Joseph Batallion savaged an amendment to the Nebraska Constitution intended to block same-sex "marriage" in Citizens for Equal Protection Inc. v. Bruning.
Where does a judge get this power? How can a judge reverse the will of 70% of the people of Nebraska?
This is why the Democrats are playing the "delay" game over Bush's nominees. The Democrats want judges to impose what they don't have the political courage to campaign for.
Democrats do not want to be the party of homosexual marriage. They know that such a platform would kill the candidates across the board.
Like abortion, they are hoping that a judge will give them what the voters won't.
This is what this battle is all about.
As Charles Krauthammer wrote in The Washington Post:
"Democrats have not had a very good run recently in the popularly elected branches.
Since choosing the wrong side of the culture wars of the 1960s, they have won only three of the past 10 presidential elections.
A decade ago they lost control of the House for the first time in 40 years, and now have lost all the elected branches.
They are in a panic that they will lose their one remaining ability to legislate -- through the courts.
And this they have done with great success, legislating by judicial fiat everything from abortion to gay marriage to religion in the public square.
They want to maintain that commanding height of the culture and are not about to let something like presidential prerogative and two centuries of Senate history stand in their way.
Hence the filibuster strategy."
The Republicans need to take this fight to the end. Some judges are out of control. It's time to put judges back in the bottle and force them to interpret the law.
If a judge wants homosexual marriage, then he should take off the robe, put on a political uniform and get in the arena.
Let him or her run for office under a platform that calls for homosexual marriage. Let the people decide.
Of course, the Democrats know what the people will decide. The secular agenda is opposed by most Americans.
The latest Gallup is bad news for Michael Moore Democrats:
"President George W. Bush has called for a constitutional amendment that would define marriage as a union between a man and a woman, thereby superseding state and local laws that permit gay marriage.
According to a Gallup Poll taken in late April, Americans tend to agree with Bush on this issue. The majority says that marriages between homosexuals should not be recognized as legally valid; only 39% say they should be valid."
This is confirmed by Rasmussen Reports:
"Among all Americans 67% favor the traditional definition of marriage. Twenty-five percent (25%) disagree."
This is why they are investing their hopes for a secular agenda in a handful of friendly judges.
As Doug Patton wrote:
"Make no mistake: this entire battle over judicial nominees is all about redefining marriage and about preserving the unfettered right to abortion on demand.
This culture war is at the heart of the current battle over the Senate filibuster of judicial nominees. Senate Democrats and the radical special interest groups pulling their strings are frantic to hold onto the courts that are furthering their left-wing agenda.
Liberals know that an up or down vote on any of the president's current nominees will result in approval by the full Senate.
They also know that there will soon be one or more vacancies on the Supreme Court, and once a nominee receives approval to a lower court, it will be hard to deny that same nominee approval to the highest court in the land."
Fight the filibuster.
Stand up to Sen. Reid and Sen. Schummer. Stand up, fight and let the public decide who should stay in office in '06.
Force Hillary Clinton to take a position on abortion and homosexual marriage. Don't let her hide behind the "courts". We need politicians to take public positions on these issues.
We don't need wimpy positions like "finding common ground". Force Hillary Clinton to vote "yes or no" on abortion and homosexual marriage.
Force her to explain to the Michael Moore Democrats why she voted "no" because she is trying to appeal to the married middle class.
Force Hillary Clinton to explain to the Michael Moore Democrats why she threw them overboard in order to look more centrist. (This is what Pres. Clinton did in 1995-96 when he was seeking reelection)
Force Michael Moore Democrats to choose between a liberal who reads polls, like Hillary Clinton, and a liberal who has convictions, like Ralph Nader.
Michael Moore, and 4 million others, decided that Nader was their "man" in 2000 because Clinton-Gore did not stand up for anything, except reading polls!
I am completely confident that the voters will support our side. Why? They have been doing so since 1980.
Also, on a practical matter, we are better organized and more effective at getting the vote out. Just ask the former Minority Leader Sen. Daschle, who was defeated in '04.
Let's fight. I am not afraid of telling people where I stand on cultural issues. The Democrats are afraid and this is why they want judges to make these decisions rather than voters!
MSNBC's Chris Matthews had a radical idea last week. He said that the answer was for the Democrats to win elections.
Elections? What a radical idea!
P.S. The Washington Times has published a historical overview of judicial appointments:
"Senate majorities and judicial nominees"
The link is: