Saturday, March 15, 2014

Judicial Abuse Through Lack of Logic

I came across an article talking about a Federal judge striking down abortion restrictions. The article points out that the judge claims abortion restrictions violate the 14th Amendment of the Constitution, saying it "impermissibly infringes a woman's Fourteenth Amendment right to elect to terminate a pregnancy before viability".

Now the relevant part of the Constitution is section 1:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

So, abortion is defined as a right protected under the Constitution while using a judicial ruling to define abortion as a right (continuing the begging the question fallacy used since Roe v. Wade).

Yet, when it comes to an actual right defined in the First Amendment:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The right of a business owner to practice his freedom of religion in not participating in the HHS Contraception Mandate or in not recognizing or participating in so-called "gay marriage" is very much in question.

Thus, we have an inconsistency:

■ The Constitutional Right to abortion is presumed to exist when it in fact needs to be proven.
■ The Constitutional Right to Freedom of Religion is presumed to need to be proven when it actually exists.

What our courts are doing in America is to give certain popular views the illusion of being Constitutional while ignoring certain unpopular views even though they have been recognized in the Constitution.

Such behavior is properly called arbitrary:

■ adjective
1based on random choice or personal whim.
2(of power or a ruling body) autocratic.

Christians can justifiably object to both the enshrining of abortion as a "Constitutional Right" when it is merely a judicial ipse dixit claiming it is, and object to the denial of religious freedom.  

However, the judicial activists can't. If they insist on protecting the fictional right to abortion, they are certainly bound to protect the actual right to religious freedom.

The implications are staggering:
■ Judges declare what they favor are "rights."
■ Judges refuse to protect rights they dislike.

There can be no justice when the judges behave in this manner.

No comments:

Post a Comment