"In the years following Roe, this Court applied, and, worse, extended, that decision to strike down numerous state statutes that purportedly threatened a woman's ability to obtain an abortion….. The Court's expansive application of Roe in this period, even more than Roe itself, was fairly described as the "unrestrained imposition of [the Court's] own, extraconstitutional value preferences" on the American people. Thornburgh v. American College of Obstetricians and Gynecologists, 476 U.S. 747, 794 (1986) (White, J., dissenting)."
Justice Thomas, with whom The Chief Justice and Justice Scalia join, dissenting
Justice Thomas:
Since the Constitution was drafted, it has dependence firmly and without recourse upon the reasonable uniformity of a value system across peoples in all states and all government making up our United States. With this moral and value system so challenged and unstable, it is difficult for the people of the United States to be represented by a system now run amok with personal agendas and viewpoints strongly varied from our own majority. Our Supreme Court, as a participant in making laws that don't exist and representing minority opinions, these "extraconstitutional value preferences" are serious impositions on our nation and are bringing a new test as to whether "this nation or any other nation so conceived and so dedicated can long endure." Herein is the battlefield of that war. The Supreme Court must not enforce undue burden upon the citizens of this country by taking away our liberty to decide our laws according to our conscience. The undue burden in this partial-birth abortion ban was emphasized as being upon the woman. However, the undue burden was placed upon the citizens of a state to accept the most reprehensible and inconceivable killing within its borders and upon the Citizen.
To respect Life where it is found must be a basic fundamental guiding principal of a nation. We cannot guard and protect the rights of animals, let the government preserve huge amounts of land under a guise of protecting wildlife and refuge for the future generation, but totally abandon the most helpless of LIFE, pre-born and nearly born infants, by sending their bodies torn and mutilated to fetal experimentation.
Allowing a court to make laws out of thin air like magical rabbits has traumatized our citizens by one ordeal after another as the Court inflicts its will upon our conscious again and again. Government by the Supreme Court and for the Supreme Court cannot stand in polarization of powers invested by the citizenry in our elected government. The United States Supreme Court has become repressive.
Planned Parenthood does not represent the majority of peoples or the partial birth abortion ban would not be law in 30 states. Also, Planned Parenthood would not have brought other cases to you. Planned Parenthood is a nasty, ugly outcast that must run to the highest court when we, the majority of people, say "no!" It will not be governed by the people. Yet it must be chastened and governed by the people or we have no government at all by the voting citizens!
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 Nebraska's 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, society's values will dive more and more into the cruel and heartless. I thank you for your vote to uphold Nebraska's partial-birth abortion law. I thank you for your firmness to decide according to a document that we all hold dear and not by past judicial bungling. Thank you for the clarity and a reasonable voice you gave to the cause of the States and the pre-born. Thank you for your dissent in the name of all those who will pass away and who have passed away in abortuaries since this judgement was passed upon our nation.
What we sow, we always reap, and that is a law most profound.
Sincerely,
Carol Brown
Missouri
cc: Justice Scalia,