by Archbishop Joseph F. Naumann
The leaked draft of a majority opinion, attributed to Justice Samuel Alito, was a malicious attack on our nation’s highest court and upon our system of justice.
It was a desperate effort to intimidate and place pressure upon the members of the court before they issue their final ruling on the constitutionality of a Mississippi statute that bans most abortions after the 15th week of pregnancy.
The draft indicates that a majority of the Supreme Court was poised in February to overturn the infamous 1973 Roe v. Wade and Doe v. Bolton decisions that essentially legalized abortion throughout the United States. The leak has sparked a firestorm of outrage by pro-abortion advocates and has required ramped up security to protect the safety of members of the Supreme Court.
Pro-abortion advocates have announced plans to conduct protests at the homes of the Supreme Court justices who are believed to be part of the majority that supports overturning Roe V. Wade. One pro- abortion group even threatened to disrupt Masses at Catholic churches on Mother’s Day weekend, because of the church’s advocacy for the sanctity of all human life, no matter age or stage of development.
Chief Justice Roberts confirmed that the leaked draft is authentic but also cautioned that the court has yet to issue its final opinion. It is possible that the final opinion could significantly differ from the draft.
Sadly, the Supreme Court allowed itself to be used in 1973 by abortion advocates to invent rights that cannot be found in the Constitution. The purpose of the court is not to create new public policies by judicial fiat but to discern whether federal or state legislation is consistent with our nation’s Constitution.
In 1973, the U.S. Supreme Court usurped the rights of the people of the United States to determine public policy regarding abortion. Unfortunately, the court’s blocking of the normal legislative process to develop and approve legislation, far from settling the matter legally, has made abortion a contentious issue within American society for more than 50 years.
The current efforts to intimidate Supreme Court justices with threats of violence is one of the sour fruits of the ill-advised abortion decisions in 1973. The leaked draft expresses a desire by a majority of the current justices to return authority for enacting laws to the legislative branch of government.
We know today more about the beginning of human life than at any time in human history. A new human life with his or her unique DNA exists from the moment of conception. Ultra- sound technology has provided a window into the womb making undeniable the humanity of the unborn child.
Should the leaked opinion or something comparable become the Supreme Court’s final decision in the Dobbs case, it will not result in a national ban on abortion. However, it will give states much greater latitude in protecting women and their babies from the human tragedy that results from every abortion.
It is ironic that abortion advocates, who claim there is overwhelming, popular support for unrestricted, legalized abortion, are petrified to allow the elected representatives of the people to determine abortion public policy. Abortion proponents prefer abortion policy be decided by a handful of unelected justices. This undermines democracy and is essentially an oligarchy, being governed by a few influential individuals.
What is articulated in Justice Alito’s draft will essentially return authority to the legislative branch of our government. Why are abortion advocates petrified at this prospect? I suspect that they do not believe their own claims about widespread popular support for Roe v. Wade and its aftermath.
Many Americans do not realize the radical scope of U.S. abortion policy. With the possible exceptions of Communist China and North Korea, we have the most permissive abortion policy in the world.
Whatever the final decision by the U.S. Supreme Court, it will be irrelevant in Kansas unless we successfully pass the “Value Them Both” amendment. Our Kansas State Supreme Court issued a decision two years ago that is even worse than Roe v. Wade. Our state’s highest court claimed to have discovered a right to abortion in the Kansas Constitution.
In the Kansas Supreme Court’s decision, they declared all of the modest statutory protections for mothers and their unborn babies in Kansas law to be presumed unconstitutional.
The court has already struck down minimal health regulations. It is anticipated that parental consent for minors and informed consent for women will be eliminated. Taxpayers will very likely be forced to pay for abortions, regardless of their deeply held convictions opposing abortion. The conscience rights of doctors and medical students will be in greater jeopardy.
The abortion industry wants Kansas to become more and more a destination state for those seeking abortions.
I encourage every member of the archdiocese to vote in favor of the “Value Them Both” amendment on Aug. 2. If you are going to be out of the state on Aug. 2, advance voting begins July 13.
The archdiocese is funding an ad campaign that will begin this month, encouraging those experiencing difficult pregnancies to contact pregnancy resource centers or crisis pregnancy centers eager to provide assistance. We truly do value both mother and child. We want them not only to survive but to thrive.
If you have had an abortion or assisted someone else in procuring an abortion and now deeply regret your actions, I urge you to contact our Project Rachel or Project Joseph reconciliation and healing ministries. Mercy is at the heart of the Gospel of Jesus.
Our country and state are at a crossroads. Together, we can begin to build a culture of life and a civilization of love. The alternative is to allow the culture of death with its inevitable fruits of despair and depression to dominate our society.
Kansas will be the first statewide vote on abortion after the U.S. Supreme Court issues its decision. The eyes of the nation will be on Kansas.