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The beginning of the end…

or at least the end of the beginning, of abortion on demand. And, it’s been initiated in two VERY blue states.

Some personal background. I’m ardently pro-life and have been involved in the movement for well over 30 years. I also am a firm believer that there is next to nothing that a President can do to stop abortion, beyond a minimal impact with Executive Orders reinstating Mexico City, etc. A Constitutional Amendment would be DoA. Not only is 2/3 of the Congress not doable, 2/3 of the States is impossible. Add to that, there are seven versions of the Human Life Amendment (HLA) that have been introduced in Congress and five of them do not “stop” abortion, they simply get the feds out of the debate. I could expand on this, but I hope you get the idea. The Federal government won’t (and realistically can’t) outlaw abortion, the best they’re going to do is return the issue to the states IF we have a more conservative SCOTUS (+2 Justices) who overturn Roe.

So, why would I say that abortion is – or at least may be – on the way to being a bad memory? From the Associated Press today…

WASHINGTON (AP) — Authorities say two out-of-state doctors who traveled to Maryland to perform late-term abortions have been arrested and charged with multiple counts of murder, an unusual use of a law that allows for murder charges in the death of a viable fetus.
[...]
The investigation began in August 2010 after what authorities say was a botched procedure at Brigham’s clinic in Elkton, located near the border of Maryland and Delaware. An 18-year-old woman who was 21 weeks pregnant had her uterus ruptured and her bowel injured, and rather than call 911, Brigham and Riley drove her to a nearby hospital, where both were uncooperative and Brigham refused to give his name, according to documents filed in a previous investigation by medical regulators.

A search of the clinic after the botched abortion revealed a freezer containing 35 late-term fetuses, including one believed to have been aborted at 36 weeks, the documents show.

Brigham, 55, is charged with five counts of first-degree murder, five counts of second-degree murder and one count of conspiracy. Riley, 46, faces one count each of first- and second-degree murder and one conspiracy count.

Read the whole article, there’s a whole lot more there that will turn your stomach, but it’s an important read.

The bottom line here is that two very blue states – Connecticut and New Jersey – are cooperating in investigating and charging two doctors with first degree murder in the deaths of second and third trimester babies. They took the case to a Grand Jury and got an indictment. They will most likely go to trial, and you can bet they’ll be using photographs that no newspaper will run to make their case to the jury.

It’s going to be an uphill battle for sure, nothing worthwhile comes easily, but a win here gives us the opportunity to get courts to affirm that unborn children – at least those beyond the first trimester – are, in fact, “people” with a right to due process.

This is important because it gives the pro-life movement a real “camels-nose-under-the-tent” to begin to roll back the availability of abortion by law.

This action by Connecticut could be a landmark case that does what no President, no Congressional action and no Supreme Court decision involving current law can do.

2012 is going to be a landmark year in more ways than just TheOne. And, given that a conviction of the doctors involved here will most certainly be appealed, and likely all the way to SCOTUS, should give us all the reason we need to support a Presidential candidate who will nominate solidly conservative SCOTUS Justices.

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COMMENTS

  • westcoastpatriette

    And it’s about time legalized infanticide is exposed for what it is–a brutal, heartless procedure hidden in the darkness and masquerading as “health care.”

    A while back, I saw a commercial on TV that was the most powerful and poignant message I had ever seen regarding the horrors of abortion. The commercial consisted of a group of children standing together singing this song to the tune of “Row, Row, Row The Boat”:

    Roe, Roe, Roe v. Wade
    Fifty million lost.
    End abortion on demand
    Stop the holocaust.

    It was chilling — to say the least.

    • APA Guy

      Let’s be honest here…99.9% of the time (rape victims excluded…they didn’t ask for the pregnancy) abortion is a woman trying to skirt the consequences of her actions by killing an innocent, defenseless human being.

      No matter how much the media or their merry little liberals try to obfuscate the matter by calling murder a “medical procedure” or (my personal favortie) a “choice”, the fact that a human being is terminated while inside its mother cannot be refuted in any rational sense. It is good to see that the worm is turning on the legal front. Now, if only the GOP policymakers would get some spine and stand strong for the unborn in a significant way, we might just derail this awful “choice” in the years to follow.

      • http://908StraightSt.wordpress.com/ mbecker908

        I would be OK with an exception for rape and incest with the following caveats:

        1. For rape, a police report must be filed within 24 hours. If no DNA is available from a rape kit, a DNA sample must be taken from the aborted baby. Filing a false rape report would be a high level felony with serious jail time.

        2. For incest, a police report must be filed, no time limit. DNA from the baby to establish paternity, serious prison time for the father.

        Rape and incest are a very very low percentage of abortions and with mandatory police reporting in a timely fashion, combined with jail time, I would guess the real number would be significantly lower than the currently reported numbers.

        In addition, I would allow an exception for the LIFE of the mother. Not “health” or “mental health”.

        • Remington_Steele

          .

        • papabear

          Back during my USAFA days we were discussing abortion during a philosophy class. After one of the cadets went off on the “rightness” of being pro choice, he brought up the issue of rape/incest. He said that it was so wrong to impose this horrible thing on the woman. Another classmate stood up and said “My mother was raped. She raised me with love. Everything I do is a testament to her courage.”

          In the 23 years since then, every discussion of “exceptions” equates in my mind to saying it would be OK to murder that cadet.

          • http://908StraightSt.wordpress.com/ mbecker908

            But in this instance, the perfect is the mortal enemy of the good.

            In 2010, the Guttmacher Institute noted that about fourteen thousand abortions were performed each year due to rape or incest. That is one percent of the number of abortions performed in the US each year.

            I’m not pleased to sacrifice fourteen thousand babies, but I’d be ecstatic to save the lives of 1.4 million. It’s very true that fourteen thousand dead babies is a tragedy, but that pales next to the holocaust of 1.4 million. Each year.

            Also, please note two additional things. First, not all women who’ve been raped will choose to have an abortion, so granting an exception wouldn’t necessarily have pronounced a death sentence on your cadet. Second, note that I included a requirement of a police report and investigation in order to qualify for the exception. My guess would be that the actual number of abortions would fall dramatically because Guttmacher’s number is the result of self-identification.

            So, bottom line, I’m willing to sacrifice the 1% for the 99%. And I’ll sleep very, very well.

          • GregInFla

            A life is a life. To start saying one is less worthy of life is never a good thing. sarajohnson has a good diary on this. Why does the baby get killed but the rapist still live, is a good question to ask.

          • APA Guy

            I suspect that is true regardless of the circumstances of conception…and babies are born INNOCENT. Hard to justify killing them for the circumstances of their conception…even harder to explain that killing to God on the day of judgment.

          • http://908StraightSt.wordpress.com/ mbecker908

            the killing of fourteen thousand than trying to explain standing on principle and watching 1.4 million die. And, actually it would be a whole lot more because the battle would simply continue to rage for another decade or three.

            Haven’t we killed enough that we can set aside “principle” and save the 99% (no relation to OWS)? Aren’t 50+ million dead children enough?

          • JSobieski

            He let towns get bombed without warning so as not to reveal intelligence capabilities.

            He totally sold out the Poles in order to get what he wanted out of Stalin.

            Had he acted in a fully principled manner, the outcome of the war would likely have been different.

            In the real world, we are often faced with decisions that range from bad, worse, to the outright horrific.

          • papabear

            But it won’t be right until all forms of murder are illegal.

          • APA Guy

            Just not sure my conscience would suffer it. Perhaps if it was the first step of two I could agree with it.

            No disrespect intended, Becker…just strong feelings on the issue.

          • http://908StraightSt.wordpress.com/ mbecker908

            for those 14,000 babies. But I’m not willing to sacrifice 1.4 million other innocent children for any principle or conscience.

            I have strong feelings as well on this subject. My wife and I helped to start a crisis pregnancy counseling group in New England 30 years ago and they have offices in six states.

          • APA Guy

            Right with you, pal. Thanks for the useful, productive discussion.

          • papabear

            I cannot reconcile it with the picture of my classmate standing up to the class. I still remember Scott (the cadet) 23 years later. He was one of 1500 classmates (5000+ cadets during any given time). He was not in my squadron. I only had that one class with him. I remember him because he was a courageous kid who deserved life.

            Do other kids deserve less?

          • http://908StraightSt.wordpress.com/ mbecker908

            How about the 1.4 million murdered babies you guys are willing to abandon so you can “stand on principle”?

            Real life is about hard choices, especially when faced with overwhelming evil. I’ll save 1,400,000 children at the cost of 14,000 any day. Principles are meaningless when faced with a holocaust and you have the opportunity to save, not some, not many, not most, but to save virtually ALL of it’s helpless victims. “Principle” is a scourge in this case.

          • JSobieski

            or even other social issues.

            I refer to the anomaly as the “Bachmann effect”—a paradox of where talking the biggest game leads to . . . absolutely nothing.

          • papabear

            As I said above, your position is certainly a big step forward. However, if we are able to achieve your goal, we cannot call the battle “won”.

          • http://908StraightSt.wordpress.com/ mbecker908

            but I’d save the 1.4M first.

          • avgjo

            mbecker is proposing is more akin to minimizing casualties than trading off lives. Babies that come about from these tragedies are already being murdered. So are millions of others.

            Suppose you knew 10 people were going to be attacked by a knife wielding nut. Also suppose you plan to foil his attack. When you get there, he’s already starting and you instantly realize you’ll only be able to save nine for whatever reason. What do you do? Let him kill the other nine? Or minimize the casualties?

            The left is successful because it will take 50% of what it wants now. The right does that, too. The difference is that the left never forgets the other 50% it wants and it doesn’t stop until it gets it. THAT’S the attitude we need to stop abortion in this country.

          • papabear

            I did not do a good job of articulating it, but that’s exactly where I stand.

          • http://908StraightSt.wordpress.com/ mbecker908

            nt.

  • lineholder

    After the events that happened back in 01/11 with Dr. Gosnell in PA, I was hoping that maybe, just maybe, we were starting to see the beginning of the end. What you’ve presented here is very encouraging!!!!

    There’s also a societal trend pertaining to physicians that’s developing. It’s mentioned in an article at Town Hall

    http://townhall.com/tipsheet/elisabethmeinecke/2011/12/29/a_dying_practice

    And now that a few doctors are being held accountable for their behaviors, it’s likely to send a stronger message across our society as a whole about just how badly this needs to change.

    If you will, please, keep us informed about what goes on in the cases you’ve mentioned above.

    • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine

      more later

    • http://908StraightSt.wordpress.com/ mbecker908

      Life as we (us old farts) have known it may well be changing. That would make me a really happy camper.

  • conservativecurmudgeon

    Prior to Roe, there was a patchwork of abortion laws, some states were more permissive, some less so. Only a third or so outlawed them in totality.

    Many of them were simply common sense, and they related to “quickening” of the baby, viability, and so on. Roe, on the other hand, is black-and-white: All abortions, for all reasons, at all times are all legal. And, ultimately, if this criminal case gets that far, that’s how it will be ruled, sadly.

    But, becker, you are correct that it marks a very important benchmark. Just like when Potter Stewart said of obscenity, that he “knew it when he saw it”, so it is were “abortion” crosses over into murder.

    • http://908StraightSt.wordpress.com/ mbecker908

      the idea that second and third trimester abortions are anything but murder. Roe is absolutely not black and white, as a matter of fact, it says the rule is “viability” and, if you read the article, the case would appear to rest on the fact – note: FACT – that the “fetuses” found in the freezer were “viable”.

      One question that the article does not address intrigues me, why were these babies left in a freezer? I wonder if the doctors were selling parts or perhaps stem cells? Obviously, we don’t yet know, but I’ll bet we find out, and if these folks were selling baby parts (stem cells included) you can bet a jury will be revolted.

      I am pretty sure, at least at this point, this case will be a big strike against Roe.

      • lineholder

        I’m pulling from old diaries I’ve written on this pertaining to fetal tissue harvesting. There is a legal path that allows it to take place. This could provide a possible explanation for why these physicians attempted to preserve these babies. Gosnell, the physician in PA, had done the same thing. Let me know what you think.

        Note: There’s a link to the first diary in the one noted below.

        http://www.redstate.com/lineholder/2011/04/13/this-is-what-you-get-when-you-let-the-fox-planned-parenthood-design-the-security-system-for-the-henhouse-abortion-industry/

        Also, here’s a prior diary that deals with TRAP laws, which is one of the things that the abortion industry fears the most, and based on what you’ve mentioned above coupled with what happened in the Gosnell case, we may be moving in that direction. It’s a start at least.

        http://www.redstate.com/lineholder/2011/08/31/the-abortion-industrys-greatest-fear-trap-laws/

        • http://908StraightSt.wordpress.com/ mbecker908

          put up a new diary. You’ve done a great job laying the foundation, it would be good to pull it all together in light of new developments.

          Great work.

    • Menlo

      The problem is that federal and all state governments have continued to take the courts seriously and to obey them.

      It is certainly not “Constitutional law,” and it is not “law” at all.

  • Melody Warbington (rwm52)

    Not only for the story, but also for your work on behalf of the unborn. I happen to believe that the appointment of Supremes is probably the most important consideration in this year’s election for the very reasons you’ve stated, among others. While the POTUS can certainly use the bully pulpit and his influence on pro life matters, it’s the appointments that are crucial.

    Sickening story, but encouraging news.

    • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine

      thing I did was to defend a Republican judge for his right to publicly endorse a pro-life ad in the newspaper. I was pro-choice at the time but knew in my heart what was right and also that a judge should be able to use his free speech.

  • http://edgeinducedcohesion.wordpress.com nathanalbright

    …I think that as people understand what abortion is like, they will become more soured against it, and more likely to support its repeal even in “blue states.” After all, we must remember that the people of blue states don’t like cruelty to animals, and so they would appear to be amenable to hostility towards abortion on the count of cruelty to humans as well.

  • Wayne

    It’s encouraging to see that conservative thinking is ebbing its way back into mainstream philosophical and ideological points of view.

    Murder is after all murder and not even the federal government can change that. As more people accept that the act of abortion is committing murder, we will win this war once and for all.

    God Bless

  • AceInTX

    x

  • romansdaughter

    Thanks for posting it.

  • lineholder

    This is a late entry, mbecker, but it’s another blue state moving in the direction of attempting to establish direct causal links to those who kill unborn children.

    http://www.unionleader.com/article/20120104/NEWS06/701049981

  • the_invisible_hand

    It is the talking point, but the SCOTUS already modified Roe out of relevance with Casey.

    You must overturn Casey not Roe. Small point, but the life movement should get the case name right. How can so many ignore the fact that Roe is not the precedent anymore when it comes to abortion rights from a federal standpoint?

    • jakeofalltrades

      As the Casey court expressly disclaimed any notion that they were overturning Roe in their opinion. The main point of Casey is that Roe so fundamentally changed society that even SCOTUS does not have the authority to overturn its precedent (which is of course preposterous).

      • the_invisible_hand

        The Court is funny like that. They were very close to overturning and the opinion is written by three justices O’Connor/Kennedy/Souter.

        Keep in mind. Roe said a right to privacy found in the Due Process Clause meant states could not stop a woman from getting an abortion or even regulate that decision.

        Casey changed Roe fundamentally and did allow states to modify and ban certain abortions with a much lower standard of review. It also did away with the trimester fixation of Roe.

        The fact is that post-Casey, most of the Roe opinion is irrelevant.

        • jakeofalltrades

          Which is why I replied to you.

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