* p. 10, I (B): ...the [PBA Ban] Act's language differs from that of the Nebraska statute [we] struck down in Stenberg.
* p. 21, III (C) (1): The statute in Stenberg prohibited "‘deliberately and intentionally delivering into the vagina a living unborn child, or a substantial portion thereof..." ... Congress, it is apparent, responded to these concerns because the Act departs in material ways from the statute in Stenberg. It adopts the phrase "delivers a living fetus," ...instead of "‘delivering... a living unborn child, or a substantial portion thereof..."
* p. 10, I (B): ...the [PBA Ban] Act's language differs from that of the Nebraska statute [we] struck down in Stenberg.
* p. 21, III (C) (1): The statute in Stenberg prohibited "‘deliberately and intentionally delivering into the vagina a living unborn child, or a substantial portion thereof..." ... Congress, it is apparent, responded to these concerns because the Act departs in material ways from the statute in Stenberg. It adopts the phrase "delivers a living fetus," ...instead of "‘delivering... a living unborn child, or a substantial portion thereof..."
Enyart notes: The court identified changes in the PBA bans that help it meet with their approval, and they first list the change of "child" to "fetus." This ruling has no positive moral component, but is merely regulatory.
* p. 17 III (A): ...the Act's definition of partial-birth abortion requires the fetus to be delivered "until... in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother."
* p. 18 III (A): If a living fetus is delivered past the critical point by accident or inadvertence, the Act is inapplicable. ...no crime has occurred.
* p. 27, IV (A): Under our precedents it is clear the State has a significant role to play in regulating the medical profession.
Enyart notes: This majority upheld this ruling because it is merely "regulating" a technique. As to the actual issue of the personhood of the child, and the murder of the innocent, consider what Justice Antonin Scalia said on Feb. 4, 2002 at a Pew Forum on religion, politics, and the death penalty. "[T]he only one of my religious views that has anything to do with my job as a judge is the seventh commandment - thou shalt not lie. ... I will strike down Roe v. Wade, but I will also strike down a law that is the opposite of Roe v. Wade. ... One [side] wants no state to be able to prohibit abortion and the other one wants every state to have to prohibit abortion, and they're both wrong..." All Christians should grieve at this. That is not pro-life, it is pro-choice, by process. Scalia, a hero of the pro-life community, hereby grotesquely rejects God's enduring command, Do Not Murder, as the most fundamental of all legal principles. What is the good of not lying, if you then honestly rule to kill the innocent? Our pro-life and Christian leaders have turned the wicked humanist values of moral relativism and legal positivism into the greatest obligation of government. And many conservative judges, who grew up with an inclination toward Judeo-Christian morality and absolutes, could have developed into heroes of life, but instead, they utterly destroy the ultimate legal defense of the unborn, which is not based upon following an arbitrary, man-made, legal process, but only upon personhood and the God-given right to life.
* p. 33, IV (B): Physicians are not entitled to ignore regulations that direct them to use reasonable alternative procedures.
Enyart Notes: Typical of the extreme hubris of humanism, even the "conservative" justices feel safe ignoring God's enduring command, Do not murder, but no abortionist should dare ignore their regulation on how to kill a child. This is the fruit of a quarter-century of Christian legal-positivism on "our own" judges.
Today's Resource: If you can be in Denver tomorrow, Wednesday April 25th, at 1:30 p.m., please come to the old Supreme Court chambers in the Capitol for Forty Years in the Wilderness, and if you can be here 7:00 p.m. that night, then call Colorado Right To Life, 303 753-9394, to reserve a seat at Maggiano's Little Italy for the $100-per-plate fundraiser (with Alan Keyes, Brian Rorhbough, Flip Benham, Judie Brown, and Bob Enyart)! If you can't be here, you may want to call BEL to order Focus on the Strategy or to pre-order a copy of the upcoming Focus on the Strategy II DVD!
Forty Years in the Wilderness (more info)
* April 25th in the Capitol: Marking the 40th anniversary of Colorado passing the nation's first pro-abortion law (which has since become the model for most "pro-life" legislation, i.e., abortion for the "hard cases"), Colorado Right to Life will hold an historic event in the old Supreme Court chambers room. The keynote speaker will be Alan Keyes, former U.N. Ambassador and candidate for the Republican nomination for President. Other speakers include Operation Save America's director, the Rev. Flip Benham, and Bob Enyart. A panel discussion to identify the most effective strategy to stop the killing will include Keyes, Benham, Enyart and the president of Colorado Right to Life, Brian Rohrbough!
* April 25th at Maggiano's 6:00 pm: CRTL invites you to a $100-a-plate fundraiser with Alan Keyes, et. al., at Maggiano's Little Italy downtown Denver! Judie Brown will speak! Make your reservations by calling CRTL at 303-753-9394.
Dinner will be served at 7 p.m.