Addressing the elephant in the room

Senator Lindsey Graham weather he meant to or not provided some of the more interesting questioning of Judge Kavanaugh in today’s hearings. The hot topic of abortion. Where all of the Hollywood celebrities and leftist that want to protect murder come unglued. Graham is most likely a solid yes for Judge Kavanaugh so he was not trying to trip him up. He was making a point.

The first point nukes the crazies that think the right to kill there baby is something handed down by God almighty. At the very least our founding fathers. It was not. Graham questioned Judge Kavanaugh extensively to get an example of our founding fathers talking about stopping a beating heart in the womb. It simply is not there.

The Supreme Court in 1973 brought out Graham’s worst fears. Five to nine people making the decision to insert their opinion using the Liberty clause. Now for 45 years the rest of America has had to live with their awful decision.

To the crowd of degenerates that are protesting Kavanaugh and saying he is going to kill women and end the world as you know it. Nothing of the such is going to happen and your holy sacrament abortion was never part of our History. It just shows elections have consequences and in 1973 there were enough people on the 9 man supreme court to pass a horrific law.

Partial Transcript

Roe vs Wade you have heard of that right?

Yes

Graham: Is there anything in the Constitution about the right to abortion, is there anything written in the document?

Kavanaugh;  Sir the Supreme court has recognized the right to abortions many times since the 19– case

Graham But my question is did they find anything in the constitution that said the state could not interfere with a woman’s right to choose until medical viability occurs. Is that in the constitution?

Kavanaugh;  dances around it and says he wants to be very careful

Graham : Will you tell me is there anything in the document itself talking about limiting the State’s ability  to protect the unborn before viability , is there anything in the constitution about abortion?

Kavanaugh;  The supreme court found that under the liberty clause but you are right

Graham:: Is there anything in the liberty clause that applies to abortion?

Kavanaugh;  the liberty clause refers to liberty

Graham:  last time I checked liberty doesn’t apply to abortion but the supreme court said it did. But here’s my point.

What are the limits on this concept? You have 5 , 6, 7, 9 judges. What are the limits of the court to find a (penumbra )number of opinions on a certain situation? What are the checks and balances of the people in your business? If you can find 5 people that agree with you to confer a right weather the public likes it or not based on the concept of a penumbra of rights. What are the outer limits of this?

Kavanaugh;  The Supreme Court in the Glucksberg case in the late 90’s Justice Kagan talked about this at her hearings the task that the Supreme Court uses to find  enumerated rights under the liberty clause of the due process clause of the 14th amendment and that refers to rights rooted in the history and tradition of the country, so as to prevent

Graham: interrupts So let me ask you this. Is there any rooted in the history and tradition of the country where legislative bodies could not intercede on behalf of the unborn for medical viability. Is that part of our History?

Kavanaugh;  Back to Supreme Court president recognized the right to an abortion, I’m sorry I just

Graham;  Ok I’m just saying I don’t remember it (abortion) being part of our history. The founding fathers did not mention it. So how did the court determine that it was?

Kavanaugh;  The court applied the president that existed before 1973 that the liberty clause….

Graham,;  but the before 19,.. When you talk about our History, the court has found that legislative bodies not to have a say about protecting the unborn until medical viability, weather you agree with it or not I don’t think it is part of our History. So fill in the blank. What are the  limits of people in your business applying that to almost anything that you think to be liberty.;  That is the concern that some have expressed about the concept of enumerated rights?

Graham;  well here’s the concern I have. You’ve got one word that has opened up the ability for 5 people to tell everybody in the country, you can’t go there. This is off limits for a Democratic process. Weather you agree with Roe Vs. Wade or not just think what would happen if down the road 5 people decided liberty means x. The only real check and balance is a Constitutional amendment to change the ruling. Do you agree with that?

Kavanaugh;  Senator, I’m not going to comment on potential constitutional amendments

Graham,;  Ok If we passed a statute tomorrow saying that uh the Congress can regulate abortions before medical viability wouldn’t that fly in the face of Roe vs. Wade?

Kavanaugh;  Sir the Supreme Court has said a woman has the right…

Graham:;  Doesn’t that trump a statute?

Kavanaugh; The Supreme Court President

Graham ;So all of us could vote , there’s 5 people have said liberty means the state has no interest before medical viability. We could pass all the laws we want but the only way we can change that is a Constitutional amendment which requires two thirds of the house, two thirds of the Senate and three fourths of the states. Is that a pretty accurate analysis?

Kavanaugh;  When the Supreme Court has issued a ruling.

Graham;  finishes, you can only change it by Constitutional amendment..

The other thing that Graham pointed out and this is not necessarily good news for conservatives that oppose abortion. The only way to reverse Roe vs. Wade is through a constitutional amendment which requires 2/3 of the Senate and House as well as 3/4 hs of the states to ratify. That is not going to ever happen especially in today’s environment where the Democrats will vote for nothing the Republicans offer up.

That being the case the vote for Kavanaugh is not the end of the world for you liberals that want to continue killing babies. The thing that Graham went on to say is that as a judge it is his duty to interpret the Constitution. Not to make silly laws like Roe vs. Wade.

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