Partial Birth Abortion Ban: Unconstitutional?
The Detroit Free Press reported tonight that U.S. District Court Judge Denise Page Hood has ruled that Michigan's ban on partial-birth abortion is unconstitutional. Michigan's Attorney General Mike Cox is expected to appeal this ruling which manifestly opposes the will of the people of the State of Michigan.
Such judicial tyrrany is not uncommon to our state, particularly with regard to similar abortion law, which has been overturned previously in both 1997 and 2001. What makes this particular occasion so heinous is that even after our Governor vetoed the bill -- passed by both houses of the state legislature -- the people voted overwhelmingly in a referendum to overturn her veto. Clearly, the people of Michigan do not want partial-birth abortion in our state.
Nevertheless, a federal judge has taken it upon herself to determine that banning such a barbarous practice places an "undue burden" on women and is therefore unconstitutional. The judiciary is not -- and was not (by our Founding Fathers) -- intended to subvert the electorate, or the other branches of government. Until we have judges who interpret law and do not seek to legislate from the bench such confusion will reign.
This is particularly a propos during the confirmation hearings of Judge John Roberts for the Supreme Court. Hopefully his voice, along with those of Justices Scalia and Thomas, will continue to be voices of reason in our government, urging judicial restraint and proper exercise of office. In the meantime, we must pray for the reversal of this patently unjust decision.
Please also see the Michigan Catholic Conference statement on this ruling.
Such judicial tyrrany is not uncommon to our state, particularly with regard to similar abortion law, which has been overturned previously in both 1997 and 2001. What makes this particular occasion so heinous is that even after our Governor vetoed the bill -- passed by both houses of the state legislature -- the people voted overwhelmingly in a referendum to overturn her veto. Clearly, the people of Michigan do not want partial-birth abortion in our state.
Nevertheless, a federal judge has taken it upon herself to determine that banning such a barbarous practice places an "undue burden" on women and is therefore unconstitutional. The judiciary is not -- and was not (by our Founding Fathers) -- intended to subvert the electorate, or the other branches of government. Until we have judges who interpret law and do not seek to legislate from the bench such confusion will reign.
This is particularly a propos during the confirmation hearings of Judge John Roberts for the Supreme Court. Hopefully his voice, along with those of Justices Scalia and Thomas, will continue to be voices of reason in our government, urging judicial restraint and proper exercise of office. In the meantime, we must pray for the reversal of this patently unjust decision.
Please also see the Michigan Catholic Conference statement on this ruling.
posted by Andrew Bloomfield @ 9:01 PM
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