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Blackmun
cited case weakness when he authored '73 abortion decision
'Personhood' silver bullet to kill Roe v. Wade?...
For that reason among many, the United States will suffer unless there is placed into your government a group that fears the Lord if they cannot love the Lord. They will fear Him and find measures to stop the slaughter of the unborn. Our Lady of the Roses, April 14, 1984
LifeSiteNews.com reported on September 29, 2007:
Pro-life organizations are trying to build support for the legal definition that an unborn child is a person to exploit a weakness that was cited by author Harry Blackmun when he wrote the creative Roe V. Wade abortion precedent in 1973.
But their work has generated a huge argument within the pro-life movement: whether it's better to chip away at the opportunities abortionists have to conduct their business or a challenge should be mounted to confront Roe's very premise that the unborn are only tissue.
Groups including Focus on the Family noted it was the first court opinion in years that actually supported abortion restrictions and said it was a moral victory, while others including the America Life League countered that the court ruling actually would not prohibit a single abortion, just a way of doing them.
That argument has been raised to a new level now, with opinions from some of the top legal experts in the pro-life camp squaring off in a sort of debate at the Personhood.net website.
Dan Becker, spokesman for the Georgia Right to Life, which is working on a state constitutional amendment that simply would declare that an unborn child is a person from the moment of fertilization, said the concept of personhood was pointed out by Blackmun in his original declaration of the right to an abortion, and it shows the legal precedent is living on borrowed time.
"We believe the Georgia Human Life Amendment provides a substantial challenge to Roe v. Wade," he said.
On the website comes a posting from Robert Muise, of the Thomas More Law Center, who is arguing that the amendment recognizes the "inviolable right of every innocent human being to life" as well as defining "person" as applying to all human beings, irrespective of age, "including unborn offspring at every state of their biological development, including fertilization."
"It is important to bear in mind that the proposal establishes a constitutional principle; it does not enact criminal or civil legislation. And it establishes a constitutional principle that provides a direct challenge to the fundamental holding of Roe v. Wade," he wrote. "Without a direct challenge to Roe, any proposal to protect innocent human life from abortion is utterly meaningless."
He said for 30 years pro-life activists have "shied away" from a direct challenge to Roe, choosing an approach that advocates for victory one step at a time.
"After these 30-plus years, we still have Roe and abortion-on-demand through all nine months of pregnancy. The proposed constitutional amendment seeks to change that. Consequently, this proposal is not for the faint of heart. It is for those who are committed to changing the status quo and who have the will to see it through," he said.
"If the intent of the Georgia Legislature is to simply pass yet another abortion law or constitutional amendment that does nothing to challenge Roe, then we suggest that you consider other options and proposals. If the Georgia legislature wants to ban abortion and has the fortitude to take the fight to the Supreme Court, then it must act boldly and directly challenge the fundamental flaw of the Roe decision," he said.
Roe determined that "the unborn is not a person within the meaning of the law," he said, and that can be its downfall.
It was the Roe author, Blackmun, who concluded: "(If the) suggestion of personhood [of the preborn] is established, the [abortion rights] case, of course, collapses, for the fetus' right to life is then guaranteed specifically by the [14th] Amendment."
"Thus, the personhood of the preborn child is the single point on which the entire debate turns," Becker said.
In the Roe decision, the court said, "We need not resolve the difficult question of when life begins. When those trained in medicine, philosophy, and theology are unable to arrive at any consensus, the judiciary, at this point in the development of man's knowledge, is not in a position to speculate as to the answer."
Said Richard Thompson, president of the Thomas More Law Center, the Georgia amendment is "the best legal means of overturning the central holding of Roe v. Wade. For too long the pro-life movement has been dominated by a strategy of 'wait' too fearful of losing to risk winning."
The Georgia plan, the "Paramount Right to Life" Amendment, H.R. 536, is being offered by a bipartisan group of Georgia lawmakers.
"It is time that the citizens of Georgia be able to speak decisively to this most fundamental right," added Caryl Swift, president of Georgia Right to Life." The goal is for the plan to be presented to Georgia voters in 2008.
However, legal experts for another highly visible pro-life organization, the National Right to Life, are warning that to set up a challenge to Roe v. Wade and then lose is not without cost.
"The [U.S. Supreme] Court (if it does review the case) is likely to switch to a more absolutist equal protection rationale for the abortion right, and all current regulations on abortion would be subject to, and likely struck down under, this new rationale. This would have a devastating effect on current protections for the unborn," said an analysis by James Bopp Jr. and Richard E. Coleson.
They affirm an approach that protects the abortion restrictions that already exist, and continuing to create additional limits and boundaries.
"If the U.S. Supreme Court, as presently constituted, were to actually accept a case challenging the declared constitutional right to abortion, there is the potential danger that the Court might actually make things worse than they presently are," the analysis continued.
"A vital battle stratagem is to choose proper terrain favorable to you, unfavorable to your foe. To change the hearts and minds of the public on abortion, it is necessary for pro-lifers to frame the debate to their advantage. Pro-life leaders have wisely focused on this strategy. The debate over partial-birth abortion has furthered this strategy because it has forced the pro-abortion camp to publicly defend a particularly visible and gruesome practice," the analysis said.
"Normally pro-abortion N.Y. Sen. Moynihan showed the difficulty of the terrain for our opponents when he declared PBA to be infanticide and beyond the pale of civilization," the group said.
"By contrast, the pro-life movement must at present avoid fighting on the more difficult terrain of its own position, namely arguing that abortion should not be available in cases of rape, incest, fetal deformity, and harm to the mother. While restricting abortion in these situations is morally defensible, public opinion polls show that popular support for the pro-life side drops off dramatically when these 'hard' cases are the topic This is an important debate to have, and we should be ready to convince the public of the need for few, if any, exceptions to laws prohibiting abortion when such laws can be upheld," the group said.
"Eschewing incremental efforts to limit abortion where legally and politically possible makes the error of not saving some because not all can be saved. The pro-life movement requires passion, to be sure, but it must be tempered by wisdom, judgment, and charity. The babies deserve no less," the group said.
Muise said the Bopp memo can be summed up with, "They fear losing at the risk of winning."
"We must never forget that ending all abortions is the ultimate goal," he responded. "Protecting innocent human life is not negotiable. It would be a tragic mistake to be content with a strategy that makes ending abortion secondary to other regulatory efforts, or worse yet, a strategy that avoids it altogether," he said.
"We are in this fight to win, not to go on in perpetuity, content with an occasional 'honorable mention,'" he said.
"A case must be presented to the United States Supreme Court that challenges the central premise of Roe that the unborn is not a person within the meaning of the law," he added.
"While terrain is important, victory is not secured by simply holding terrain it is secured by defeating the enemy," Muise wrote. "The status quo is unacceptable."
Becker told WND that the Rutherford Institute also has come out in favor of human life amendments in all 50 states.
"Now is the time. You have attorneys enthused for a facial challenge to Roe. We believe that there is no better time than the present but it's going to take a case that will challenge Roe on its face," Becker said.
As WND reported earlier, Becker said his state organization took on the approach of challenging abortions headon several years ago, and has made unprecedented progress since then.
"We have to take the position that aligning ourselves with God's Word produces the most positive results," he said.
He said pro-life advocates in the state of Michigan got the idea started, and Georgia has taken it on as its own. Now other states, including Colorado, are pursuing the strategy that abortion is abortion and the Bible doesn't allow it.
Mark Crutcher, chief of Life Dynamics agreed that abortion must be stopped and arguing over how to do that accomplishes little.
After the Supreme Court allowed the limits on partial birth abortions, he said, "So my advice is (a) pause for a moment to celebrate the victory, (b) don't read more into it than is actually there, and (c) get back to work. Babies are still dying."
"Our hearts are torn because of the wanton murder of the young by evil man.
Abortion, My children, is murder, the most foulest of deeds, that is punishable
by death! And what is worse than death of the soul?
"I say unto you, as your Mother, that any man or woman who performs or
takes part of this abomination of the murder of the unborn shall be given a
heavy penance upon earth, or if this penance is not given upon earth, that
person found guilty in the eyes of his God shall suffer eternal damnation in the
fires of hell."
- Our Lady of
the Roses, December 28, 1976
The awesome
Bayside Prophecies...
https://www.tldm.org/Bayside/default.htm
These prophecies came from Jesus, Mary, and the saints to Veronica
Lueken at Bayside, NY, from 1968 to 1995:
SIN OF OMISSION
"The
sin of omission shall condemn many to hell, be they layman or Hierarchy. I
repeat: not the sin of commission, but the sin of omission will commit many to
hell. Among them there will be also mitres." - Our Lady, October
6, 1980
U.S. SHALL BE FIRST STRUCK
"One of the
reasons the Eternal Father chose your city and your state for My appearance was
because of abortion, the murder of the holy innocents. Your nation, without
repentance, shall be the first struck." - Our
Lady,
March 15, 1978
THE UNITED STATES SHALL FALL
"How can a great country like the United States fall, you say, My child? You
ask Me in your heart. I read your heart. I will tell you why. Because they
have given themselves over to satan. When a country has lost its morality and
seeks the pleasures of the flesh, giving over, themselves over, to all manner of
abominations, like homosexuality, and condoning this up the highest courts of
the land, then that country shall fall." -
Our Lady of the Roses, November 1,
1985
DOCTORS
"Doctors now are profaning their profession, those who have given themselves
over to destroying human life in abortions." -
Jesus,
June 6, 1987
FOULEST OF DEEDS
"Our hearts are torn because of the wanton murder of the young by evil man.
Abortion, My children, is murder, the most foulest of deeds, that is punishable
by death! And what is worse than death of the soul?
"I say unto you, as your Mother, that any man or woman who performs or
takes part of this abomination of the murder of the unborn shall be given a
heavy penance upon earth, or if this penance is not given upon earth, that
person found guilty in the eyes of his God shall suffer eternal damnation in the
fires of hell." - Our Lady,
December 28, 1976
DESTROYED
"All who become part of or condone abortion, the murder of the young, shall be
destroyed!" - Jesus, June 2, 1979
HUMAN LIFE IS SACRED
"The Eternal Father command that you stop these murders at once! You will not
destroy the lives of the unborn. Human life is sacred in the eyes of your God.
No man has the right to destroy a life. The Father, He sends this life to you,
and only He will decide when it will return back to the Kingdom.
"Do not, My children, be deceived by the words of the evil ones about you
who cry to you of no space left for man. There is space, for My Father has a
plan for every life He sends." - Our Lady, August 5, 1971
WILL NEVER BE CONDONED
"You will remember, My children and My child, to guard the young. Your clergy
have fallen into darkness. Abortion will never be condoned. But We must have
others who fervently will go forward and bring out to the minds of those who
have actually seduced the country and the children--bring them the knowledge of
Heaven, hell and purgatory. Then they will not have free license to sin."
- Our Lady,
May 28, 1983
GOVERNMENT
"For that one reason among many, the United States will suffer unless there is
placed into your government a group that fears the Lord if they cannot love the
Lord. They will fear Him and find measures to stop the slaughter of the unborn."
- Our Lady,
April 14, 1984
NUNS
"That is what makes My heart ache, My child. That is one of the reasons Theresa
is crying constantly when she looks into the convents and sees what is going on.
Many now believe in abortion, the murders of the children; and many have
committed this act upon themselves." - Jesus, October 1, 1988
SIXTY
MILLION
"I say this for this reason: the Eternal Father is much disturbed at the numbers
of abortions being committed throughout your country and the world. These
numbers go upwards to fifty to sixty million in one year throughout the world."
- Our Lady,
June 18, 1986
TREATED AS GARBAGE
"O My child, My tears fall upon you all when I see all of the innocent little
babies being slaughtered . . . cast into garbage pails like nothing but dirt and
scum. They are living human beings! And all murderers shall get their just
recompense." - Our Lady,
March 18, 1983
BOMBS IN THE UNITED STATES
"These interlopers upon the serenity of the United States have dark skins....
With their plans there will be bombs placed in strategic places and many shall
die at the hands of these ruffians....
"One big reason for permitting this disaster in New York
would be the abortion mills throughout the city and the country."
- Jesus,
October 1, 1988
HOLY SPIRIT
"At the time of conception, the Holy Spirit makes the child, and the breath of
the Almighty gives it life." - Our Lady,
June 18, 1991
LIMBO
"And what, My children, are We going to do with all the aborted babies? O My
child, I know you feel as I do, for I can see the great distress on your face.
What are We going to do, My child? Do you understand when they come to Us, they
must go to Limbo? They are in Heaven, a happy place, but they cannot see God." -
Our Lady, October 2, 1987
SORROWFULLY
"Sorrowfully, the penance that is to come upon the world for the murders of the
unborn shall be a chastisement far greater in severity than man has ever
witnessed in the past nor ever shall pass through again. Your world is plunging
into a deep chasm of suffering and destruction." -
Our Lady,
May 20, 1978
OATH
"Your once loyal to the oath of a doctor, your once loyal doctors are now
butchers! For money they kill the young!" -
Our
Lady,
February 10, 1978
WOE TO THE WOMAN
"Know, My child, this simple lesson, that in these days of the latter times,
women will seek to cast off their role as mother and a woman. Women will cast it
off under the direction of satan, and murder her children. Woe to the woman who
does not repent of this vile abomination! She has walked the road to eternal
damnation and hell. Repent, O woman, or forever be lost!" -
Our Lady, March 18, 1975
Directives from Heaven... https://www.tldm.org/directives/directives.htm
D23 - Abortion PDF
D142 - Sin of Omission PDF
D196 - Life Begins at Conception PDF
Articles...
'Non-persons' in U.S. history
https://www.tldm.org/News9/AbortionNonPerson.htmPope Benedict to bishops: Make everyone understand the "evil of the crime of abortion"
https://www.tldm.org/News8/PopeBenedictCrimeOfAbortion.htmPope Benedict: Abortion, divorce, homosexual unions "are evident signs of de-Christianization"
https://www.tldm.org/News9/PopeSignsOfDe-Christianization.htmSleep disorders increase after abortion, says new study
https://www.tldm.org/News9/AbortionSleepDisorders.htmPro-abortion scientist finds abortion causes, rather than prevents, serious mental disorders
https://www.tldm.org/News9/AbortionMentalDisorders.htmAbortion: the ultimate exploitation of women
https://www.tldm.org/news6/exploitation.htmAbortion and the contraceptive mentality
https://www.tldm.org/news4/contraception_abortion.htmArchbishop Chaput says abortion is "central social issue of this moment" in U.S. history
https://www.tldm.org/news6/Chaput3.htmArchbishop Chaput says those who support abortion "rights" cannot be Catholic
https://www.tldm.org/News7/Chaput.htmCatholics who vote pro-abortion commit a mortal sin
https://www.tldm.org/News6/VotingPro-ChoiceJohnKerry.htmSeparation of Church and State: "a fatal theory"
https://www.tldm.org/News6/separation.htmFull text of Cardinal Ratzinger's letter to U.S. bishops, that they must refuse Communion to pro-abort politicians
https://www.tldm.org/News7/Ratzinger.htmCardinal Ratzinger says that refusing Holy Communion to pro-abortion politicians is a "doctrine of the Church"
https://www.tldm.org/News7/Ratzinger3.htm
Your names have been written in Heaven "It is not by accident that you are called by My Mother, for your names have been written in Heaven.... But with this great grace you have great responsibility to send this Message from Heaven throughout the world, for if you are able to recover just one more for Heaven, an additional star shall be placed in your crown." - Jesus, August 5, 1975
A great obligation to go forward... "It is not by accident that you are called by My Mother, for it is by merit and the prayers that have risen to Heaven for your salvation. For those who have received the grace to hear the Message from Heaven, you have a great obligation to go forward and bring this Message to your brothers and sisters. Do not expect a rest upon your earth, for you will have eternal rest very soon." - Jesus, June 12, 1976
The sin of omission... "The sin of omission shall condemn many to hell, be they layman or Hierarchy. I repeat: not the sin of commission, but the sin of omission will commit many to hell." Our Lady of the Roses, October 6, 1980
We encourage everyone to print or email copies of this web page to all the Bishops and all the clergy. Also, email or send this web page to the news media and as many people as possible.
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