It is sad that the Supreme Court in 1973 disregarded the constitution and legislated from the bench with the Roe vs. Wade decision. It wasn't the first time, not the last, but simply the most clear example of ignoring the duty and responsibility of the court to uphold the law but instead making law. Making law is the sole responsibility of Congress. In 1973 the Supreme Court not only struck down a law prohibiting abortion as unconstitutional, despite the facts that abortion is no where mentioned in the constitution and laws against abortion existed in all the original states at the time the constitution was written, ratified, and for almost two hundred years thereafter, but went on to introduce a whole set of tests and parameters that had nothing to with the constitution or existing law in promulgating their legislation from the bench on abortion.
How wonderful of Justice Blackmun to research at the Mayo clinic so diligently so he could write his legislation. Too bad he lost sight of what his role was. If you are thinking this is no big deal, then please be consistent when the police decide that they are tired of their role of only apprehending suspects and decide to be judge, jury, and executioner as well. Please be consistent when corporations decide they don't have to follow the law either and can pollute at will. When those who are specifically charged with upholding the law ignore it, don't be surprised when others follow suit. If the supreme court of the land feels no need to be bound by the law, why should anyone else?
Let's face facts. Justice Blackmun was corrupted by the power of the Supreme Court. He decided he would rather be a benevolent despot who would ignore the limits to his authority so that he could do good wherever and however he could instead of a Supreme Court Justice bound to the law. If you think this is a good thing, think again. Once the power of despotism exists, then it can be used for good or ill. A Supreme Court that ignores the constitution can just as easily revoke the "right" to abortion, as well as the right against unreasonable search and seizure (which I believe they have), the freedom of the press, or anything else 5 lifetime appointees desire.
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This page last updated 14 March 1999.
Contents copyright Kevin Murphy 1999. All rights reserved.