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RBG

Indefensible Roe – The Legal Track

By | Case Vault, Dobbs, Legal, News and Events, RBG, Sanctity of Life, SCOTUS | No Comments

As that great bulwark of honesty Buddy the elf would say, Roe “sit[s] on a throne of lies.” This series will expose many of them in the spiritual, scientific, cultural, moral, and policy realm. But we start this endeavor with the most pressing deception as far as it concerns the U.S. Supreme Court’s upcoming considerations of the Dobbs v. Whole Women’s Health Organization case: the legal one.

It is a plain statement of fact that the U.S. Constitution has nothing to say about abortion. Zero, zip, zilch, nada. In fact, the fallacy of Roe is so deep, that the Court did not just invent the right to abortion, it actually based its decision to invent it on another “right” that appears nowhere in the Constitution. In an earlier case (Griswold v. Connecticut), the Court had “recognized” a new right to privacy that it now magically expanded to cover the right to abortions.

The Court is not even sure where this right to privacy comes from; it recognizes different theories. But wherever it came from, it is surely meant to cover abortion; it promises us. Here is how Justice Harry Blackmun, who shamefully wrote the Roe majority opinion, put it:

This right of privacy, whether it be founded in the Fourteenth Amendment’s concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment’s reservation of rights to the people, is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy.

And just like that, 185 years after the Constitution was officially ratified on June 21, 1788, the Court gives birth to a new right to abortion with no legal underpinning whatsoever…

Click here to read the rest of Mario’s exclusive Substack column. And be sure to subscribe below to never miss one of his posts again!

Justice Barrett Win Should Remind You of the Importance of Your Vote

By | Barrett, News and Events, RBG, SCOTUS | No Comments

Now that Amy Coney Barrett has been sworn in as the 115th justice of the United States Supreme Court, I hope you realize the importance of your vote this coming November 3. There was a time when the U.S. Senate would have confirmed Justice Barrett unanimously. That was the way Justice Antonin Scalia, her mentor, was confirmed, 98–0. By contrast, Justice Barrett was confirmed 52-48. She would have never been confirmed if just a few seats were turned. 

This must become a matter of prayer for us as we focus our attention these last few days. Let us pray, not only for the outcome but also that those who are elected would choose justice over partisan bickering.   

Republicans control the Senate right now 53-47. Democrats would need to pick up four seats to become the majority. There are 34 Senate seats up for a vote. Of those 34 seats, 22 are Republican, and only 12 Democrats. 

Right now, Real Clear Politics has nine races as toss-ups— seven Republicans and just two Democrats. It further has five leaning to remain Republican and three leaning Democrat, with one of them being a pickup from a Republican seat. 

As you can see, there is a lot still up in the air as far as the United States Senate’s makeup which will have significant implications for the confirmation of judges. 

President Donald J. Trump has had historic victories in appointing constitutionalists to federal courts. Still, the gains would not have been possible without a Senate committed to the swift confirmation of qualified nominees. 

The number of cloture votes, which used to be rare in judicial confirmations, and which are practically meant merely to slow down nominees, have surged under today’s hyper-political climate. Seventy-seven percent of President Trump’s judicial nominees were forced to go through a cloture vote. Compare that to just 2.9 percent for President Barack Obama. 

Every way you look at it indicates to us that U.S. Senate races are crucial to justice. The media’s focus on the presidential race is, of course, warranted. The two candidates have very different and contrasting plans for our country.  

But we must not forget that even in some of the areas where they are promising to do this or that, they will need Congress to act before they can do anything.  In the case of judicial nominations, they will need the Senate to exercise its “advise and consent” role. 

One troubling idea that is being pushed by the radical left, namely to pack the Supreme Court by expanding the number of justices, would require the House of Representatives and the Senate to pass legislation for the president to sign. 

Packing the Court would be damaging to an institution that relies on its institutional legitimacy for its role in our form of government. This is why most elected officials, including Democrats, have opposed the idea for decades. Even Vice President Biden has said we would “live to rue the day” if the Supreme Court was expanded. 

Democratic President Franklin D. Roosevelt actually tried to pack the Court in 1937, but he failed when many in his own party opposed him, saying he would turn it into a political weapon. 

The American people also reject court-packing. This is why today, Vice President Biden has been reluctant to speak of the plan publicly. He has famously said he will answer the question “when the election is over” which is troubling in its own right.   

Many have taken that to mean he will do it. If that is the case, he would need the support of a willing Senate to go along with the plan.  

The bottom line is, we must keep the U.S. Senate in focus as we head into Election Day. 

Send Victorious ACB to the Supreme Court

By | Barrett, Judicial Nominations, Legal, News and Events, RBG, Vacancy | No Comments

Prepared Remarks by Doreen Denny, Vice President of Government Relations

Confirm Amy Event Following Senate Judiciary Committee Vote Approving Judge Amy Coney Barrett’s Nomination to the U. S. Supreme Court

October 22, 2020

I’m here today on behalf of Penny Nance and all those participating with us as we ride our Women for Amy bus across America.

We’ve logged 3,200 miles since October 6 – starting in Georgia and South Carolina and rolling through South Bend, Indiana, and Iowa among other critical states. Today we’re headed to Texas then Arizona – another 1,500 miles to wrap up our 4-week, 12-state tour.

And I can report that in every place we’ve stopped women are excited and energized about Judge Barrett, soon to be Associate Justice of the Supreme Court.

As Chairman Graham passionately stated: for conservative women, this confirmation is not just about breaking through a glass ceiling, it’s about busting through a reinforced concrete barrier.

Today’s Judiciary Committee action to send Amy Coney Barrett to the Senate for a final vote is a moonshot being witnessed by young conservative women across America who feel they are being censored by a cancel culture. They are wondering if there will ever be a seat at the table for them. Today, the answer is YES – You do not have to compromise your beliefs. Your voice matters. Stand tall and stand proud.

Our daughters, including my own, see in Judge Barrett the strength that comes when a woman of conviction thinks for herself, pursues excellence in her profession, and embraces the values of faith and family that are the unshakable foundations of her life.

We celebrate this moment as a milestone for conservative women who have experienced the disdain and bigotry of the left for far too long. We agree with Judge Barrett in upholding the foundation of our Constitution as the bedrock of our freedoms.

Sen. Joni Ernst (R-Iowa) and Sen. Marsha Blackburn (R-Tennessee) have played an important role representing our voice and values in this process, and we are especially grateful to have had them on the Judiciary Committee for this confirmation.

There is no woman in America more ready and more qualified to be wearing the robe of an Associate Justice of the Supreme Court than Amy Coney Barrett. She will carry a banner for women of faith across America to the highest court.

Today’s boycott by Senate Democrats is nothing more than a political stunt. Americans know Amy Coney Barrett deserves to be confirmed based on her qualifications and her character. We urge all Senators to exercise their duty to advise and consent on that basis alone and vote YES on her confirmation.

The American people are waiting to receive a Victorious ACB on the Supreme Court with the same spirit they embraced the Notorious RBG.

Thank you.

Click here for a .pdf version of the remarks.

Hearing Recap and Next Steps for Amy Coney Barrett

By | Barrett, Judicial Nominations, LBB, Legal, News and Events, RBG | No Comments

To quote Sen. Lindsey Graham (R-South Carolina), Chairman of the Senate Judiciary Committee, Amy Coney Barrett is “going to the Court.” The hearings are over, and she simply shined through it all. The most memorable moments included ACB schooling senators trying to challenge her on precedent and originalism and severability and textualism. She was the smartest person in the room. The moment when Sen. John Cornyn (R-Texas) asked her to show her notes went viral because it illustrated how exceptional she was as a nominee. Here is the clip:

But the most powerful testimony, showing us the type of person we are supporting for the Supreme Court was heard on the last day. It was the testimony of Laura Wolk, one of Judge Barrett’s law students and current Supreme Court clerk, who is blind. She explained the extraordinary help she received from ACB that made it possible for her to break down barriers in the legal profession.  Please watch:

These hearings were historic. The voices of conservative women were heard like never before, both inside and outside the hearing room.  Sen. Graham highlighted this with his remarks on day two. He said, “This hearing to me is an opportunity to not punch through a glass ceiling, but a reinforced concrete barrier around conservative women. You’re going to shatter that barrier. I’ve never been prouder of a nominee than I am of you.” Here is the expanded clip of his remarks:

Outside, as most of you know, the “Women for Amy” army made its mark, outshining the opposition.

The nomination will be held one week, as is customary, with some written questions and answers for the record submitted. Then a final committee vote is scheduled for October 22 at 1:00 p.m. It is expected to be 12-10, along party lines.

The nomination then will be sent to the full Senate where Majority Leader Mitch McConnell (R-Kentucky) has said, “We’ll go to the floor with her on Friday, the 23rd, and stay on it until we finish this… We have the votes.”

Meet Amy Coney Barrett

By | Barrett, Judicial Nominations, Legal, News and Events, RBG, SCOTUS | No Comments

If you have been a friend of Concerned Women for America (CWA) over the years, you only need to refamiliarize yourself with Judge Amy Barrett. CWA activists supported her nomination to the lower court, and we spoke loudly about the anti-religious, anti-Christian bigotry that characterized her opposition. We won that battle. And we will stand strong against such unconstitutional attacks on people of faith this time around.

But we want you to get to know future Justice Amy Coney Berrett now that the President is set to nominate her to the United States Supreme Court.

Personal Life

Amy Coney Barrett was born in Louisiana; she is 48 years old. She and her husband Jesse Barrett live in Indiana with their seven children. Two of the children were adopted from Haiti. One has special needs. It has been reported that the baby was diagnosed with Down Syndrome during a prenatal screening. She is a devout, pro-life, Catholic.

Academic Credentials

Judge Barrett graduated from St. Mary’s Dominican High School in New Orleans (1990). She studied English literature at Rhodes College where she graduated with a Bachelor of Arts magna cum laude (1994). She was Phi Beta Kappa and earned Most Outstanding English Major and Most Outstanding Senior Thesis.

She earned a full tuition scholarship to go to the Notre Dame Law School where she graduated with a juris doctor, summa cum laude (1997). She was the Executive Editor of the Notre Dame Law Review. She was also the recipient of the Hoynes Prize (for the best record in scholarship, deportment, and achievement), the Dean’s Award (for the best exam in Administrative Law, Civil Procedure I and II, Constitutional Law, Contracts, Criminal Procedure, Evidence, First Amendment, Torts II, and Legal Research and Writing).

Legal Career

Upon graduation, Amy Coney Barret earned some prestigious judicial clerkships. First, under Judge Laurence Silberman of the U.S. Court of Appeals for the D.C. Circuit (1997-1998), and later under the late, great Supreme Court Justice Antonin Scalia (1998-1999).

Judge Barret then moved to private practice as an associate at Miller, Cassidy, Larroca & Lewin (1999-2000), and later at Baker Bots, LLP (2000-2001), two highly regarded law firms in Washington, D.C.

She later became visiting associate professor and John M. Olin Fellow in Law at the George Washington University Law School in Washington, D.C. (2001-2002). Then a Professor of Law, and the Diane and M.O. Miller II Research Chair in Law at the Notre Dame Law School in South Bend, Indiana (2002-2017), where she won the “Distinguished Professor of the Year” award multiple times.

In 2017, she was nominated by President Donald Trump to the U.S. Court of Appeals for the Seventh Circuit where she continues to serve with distinction.

Judicial Philosophy

Judge Barrett is a constitutionalist who believes the text of the Constitution means what it says and says what it means when looking at the original meaning as it was written at the time of its enactment. She has shown through her career that she is willing to show the judicial restraint necessary to refrain from imposing personal policy views under the guise of law. A student of Justice Scalia, she is similarly committed to originalism and stare decisis (settled law) and grappling with these legal doctrines in a way that preserves the most important principles of our founding.

She will be an outstanding addition to the United States Supreme Court.