From ACL (www.aclife.org)
Dear friend and fellow pro-lifer,
As you may know, Chief Justice William Rehnquist passed away this weekend after a tough fight with thyroid cancer, and Appeals Court Judge John Roberts has been nominated to replace him. Roberts was previously nominated to replace retiring Justice Sandra Day O’Connor, now the President must select a new nominee to replace Justice O’Connor.
With two vacancies on the Court I wanted to share with you some useful facts as the President’s nominees are debated in the classroom and dorm --
Rehnquist was one of two judges to dissent in Roe v. Wade, the decision that took the issue of abortion away from the public and gave it to the courts. He had already written the majority opinion to overturn Roe in Planned Parenthood v. Casey when Justice Anthony Kennedy waffled, creating a pro-Roe majority.
Roe will not be overturned. Even if Rehnquist and O’Connor are both replaced with judges who read the Constitution as it was written (that is, without a national right to an abortion) there will be a 5-4 majority in favor of Roe.
Partial-birth abortion bans, which are currently unconstitutional, could be ruled constitutional if both vacancies are filled with judges who read the Constitution as it was written. Stenberg v. Carhart, which struck down partial-birth abortion bans, was a 5-4 vote with help from O’Connor.
While Roe would not be overturned, it is very important to replace Rehnquist and O’Connor with judges who read the Constitution as it was written.
Consider the cases that the court will definitely or likely hear next month --
Ayotte v. Planned Parenthood of Northern New England will determine the constitutionality of parental involvement laws. Parental involvement laws have been very successful at reducing the number of abortions, and if they are not upheld the right to life movement will lose a powerful pro-life tool.
The Court will almost certainly hear another case about partial birth abortion, lower court rulings are being appealed. Partial birth abortion is a brutal practice upheld by the illogic of five of the Court’s current members, including Justice O’Connor.
The Court may also decide on the legality of protesting at abortion clinics.
If we act now, the next two nominees to the Supreme Court could be the start of a new, pro-life court.
To help secure the confirmation of nominees who read the Constitution as it was written, write and call your Senators and the White House.
The time for action is now. For the sake of all victims of abortion, I hope you act today.
Yours, in Life,
Stephen Braunlich
President, American Collegians for Life
PS: Want to find out more about the pro-life movement and the courts? Come to the 19th Annual ACL Conference on January 21st and hear from Cathy Ruse, senior legal fellow at the Family Research Council. Register now at the special early bird rate of $35.
Other confirmed speakers include Frederica Mathewes-Green, Austin Ruse, Bryan Kemper, and Nigel Cameron.

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