A Letter to Justice Anthony Kennedy on his Partial-Birth Abortion Decision

Justice Kennedy:

The magnitude of error, the scope of this judgement, and the declarations by these that assent are as cruel and severe as to be a crime against humanity. We now, being participants and witnesses to this historical event, can hardly fathom the manifestations and repercussions on all persons both in the United States and worldwide. In the decision of the United States Supreme Court to strike down the Nebraskaís partial- birth abortion ban, our Justices have past judgement upon us so that we the people, as holds true in all offenses of government, must bear the burden of the consequences. Herewith, societyís values will dive more and more into the cruel and heartless. Your voice is comforting in its feeling and understanding. Thank you for our vote to pass the rights of a State back to a State. Thank you for clarity that speaks that the law is about what people want interpreted by laws people make.

I am deeply grateful for your vote. The wisdom and discernment was clear and refreshing, leading and visionary. It is far from the opinions of the other five Justices who are interpreting a dusty old document without any binding reference and using their own past mistakes to garner future ones. To hold firmly for what is right and speak it clearly, I commend you. Here is a statement that I want to put in this letter of appreciation that is from your own dissent:

"Ignoring substantial medical and ethical opinion, the Court substitutes its own judgment for the judgment of Nebraska and some 30 other States and sweeps the law away. The Courtís holding stems from misunderstanding the record, misinterpretation of Casey, outright refusal to respect the law of a State, and statutory construction in conflict with settled rules. The decision nullifies a law expressing the will of the people of Nebraska that medical procedures must be governed by moral principles having their foundation in the intrinsic value of human life, including life of the unborn. Through their law the people of Nebraska were forthright in confronting an issue of immense moral consequence. The State chose to forbid a procedure many decent and civilized people find so abhorrent as to be among the most serious of crimes against human life, while the State still protected the womanís autonomous right of choice as reaffirmed in Casey. The Court closes its eyes to these profound concerns. From the decision, the reasoning, and the judgment, I dissent." "With what judgement we judge, we shall be judged." Thank you.

Carol Brown


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