Tag Archives: Pro-Life

Clinton-appointed judge rules that pro-life license plates are “patently offensive”

New York pro-life license plate
New York pro-life license plate

Here’s an interesting story from The Daily Caller. (H/T Mary from Marin)

It says:

A new decision by the Second Circuit Court of Appeals holds that New York’s state government has the right to ban “Choose Life” license plates on the grounds that such a statement is “patently offensive.”

The dispute stems from a now-suspended program offered by New York’s Department of Motor Vehicles (DMV) which allowed private organizations to create custom license plates. If drivers purchased the plates, the purchasing price was split between the DMV and the non-profit.

The Children First Foundation (CFF), an organization promoting adoption as an alternative to abortion, submitted a design for a “Choose Life” license plate, which featured a drawing of two children’s faces in front of a yellow sun.

The proposed plate was rejected, with the DMV citing a policy that allows it to ban “patently offensive” plates in order to prevent incidents of road rage. The “patently offensive” category in U.S. speech is typically related to public obscenity laws, and allows for limitations on things like the public display of pornography or other materials that blatantly violate community standards.

Judge Rosemary Pooler, a Clinton appointee, agreed with New York’s position in her majority opinion. She took this view even though she also ruled that license plates are private speech subject to First Amendment protections. Despite these protections, however, she said that so many New Yorkers could find a plate advocating an anti-abortion position “patently offensive” that the DMV was justified in suppressing the speech.

I want to focus in on the life of the judge who made the decision.

I found her biography on Wikipedia. Look at how successful she was:

Rosemary Pooler was born in New York City. She earned a B.A. from Brooklyn College in 1959, an M.A. from the University of Connecticut, and a J.D. from the University of Michigan Law School.

Following graduation from law school, Pooler entered private law practice in Syracuse, New York. In 1972, she was appointed as Director of the Consumer Affairs Unit in the Syracuse Corporation Counsel’s Office, serving in that post for a year. From 1974 to 1975, she served on the Syracuse City Council. In 1975, she was appointed as Chairman of the New York State Consumer Protection Board, serving until 1980. The following year, she was appointed to the state Public Service Commission. In 1987, she served as a committee staff member for the New York State Assembly. Following a stint on the law faculty at Syracuse University College of Law, she served for a year as Vice President of Legal Affairs at the Atlantic States Legal Foundation.

In 1986, Rosemary Pooler decided to run for the United States House of Representatives. She challenged conservative Republican incumbent George C. Wortley, who was seeking a fourth term. She campaigned aggressively and came within less than 1,000 votes of winning.

In 1990, she was elected as a Justice for the Fifth Judicial District of the Supreme Court of New York. Four years later, she was appointed to the federal bench by President Bill Clinton, serving from 1994 to 1998, as federal district judge in the Northern District of New York. She received her current appointment as a Judge on the United States Court of Appeals for the Second Circuit in 1998.

So, this license plate case, along with many of the other issues that I blog about, is the problem. What is the solution to all these problems? The solution is for us as Christians to get serious about our education, our work experience, our earning and saving, and our marriages and parenting in order to have an influence. We need to be the judges who make these decisions about whether pro-life license plates are legal or illegal. Failing that, our children need to be the judges. And that means that when it comes to education and career, instead of doing what makes us feel happy we have to work hard at having an influence. And when it comes to marriage, we should look at it less as something that is feelings-directed and happiness-focused, and more about making it serve God by raising influential, effective children.

Is it wrong to pass incremental pro-life laws?

I'm Scheming Unborn Baby, and I approve this decision
I’m Scheming Unborn Baby, and saving a life is a good thing

Pro-life debater Scott Klusendorf summarizes a recent debate between a pro-life incrementalist and a pro-life abolitionist. An incrementalist is a pro-lifer who wants to pass laws that save lives right now, while still working for a full ban on abortion. An abolitionist is a pro-lifer who does not want to pass laws that solve part of the problem, preferring to hold off on laws that save lives until they can get all abortions banned.

So there was a debate, and Scott watched it, and here is his review.

First, the intro:

T. Russell Hunter issued a very public challenge calling for any pro-life leader to debate him on incrementalism. Gregg Cunningham, a former member of the Pennsylvania House of Representatives and Executive Director of the Center for Bioethical Reform, accepted. The formal debate structure was as follows: 20-minute opening statements, 15-minute rebuttals, 15-minute cross-examination, 5-minute closing statements. An informal audience Q&A followed the formal debate.

[…]Gregg Cunningham won the formal exchange handily and he did so early by pointing out a fundamental flaw in Hunter’s argument—namely, the mistaken claim that pro-lifers have the power to end abortion immediately but won’t. Again and again, he exposed Hunter’s fallacious either/or reasoning by demonstrating that pro-lifers don’t have to choose between incremental legislation that saves some children right now or total abolition that saves all at a later time. Rather, they can advance both strategies simultaneously and save many lives in the process. Cunningham also demonstrated a superior grasp of social reform history, noting that while Wilberforce, Lincoln, and Martin-Luther King were in principle moral absolutists, in practice they functioned as strategic and tactical incrementalists—as do pro-lifers today. During cross-examination, Hunter stumbled badly when asked if those babies saved through incremental legislation should have been left to die. When he refused to give a clear answer—despite being repeatedly pressed to do so—the debate was effectively over. In short, Hunter could not preach his way to victory, even when invoking his understanding of Scripture. His claim that incrementalism is not found in the Bible was decisively refuted when Gregg cited three examples from Scripture where God dealt incrementally with His people.

I watched this video clip to get a feel for how it went down:

In the clip, Cunningham asks if the babies who are saved by incremental legislation should be allowed to die instead. He has some evidence from a law professor saying that incremental laws do save some lives, and he is asking the AHA person should we not enact these incremental laws that save the lives of unborn children.

Scott has the transcript:

GC: I’d like to return to the question with which I began, which Russ hasn’t answered. Should we allow these babies to die rather than enact incremental legislation?

TRH: No.

GC: I’m sorry?

TRH: Like, should we allow – should we allow babies to die?

GC: Should we allow these – because…

TRH: The charade is – the charade is not even what we’re talking about – the incrementalism/immediatism debate. Focusing the ax at the tree, getting all the people who follow incrementalism to become immediatists and help put that ax to the branch – to the root…

GC: Would you answer this question?

TRH & GC: [unintelligible]

Moderator: That was the last question. Russ, go ahead and answer that, and then we’re gonna end this.

GC: Just for the record, Russ didn’t answer the question: Should we have allowed these babies to die, which this university professor says would have died had that legislation not been enacted. Should we have allowed them to die rather than enact the incremental legislation?

Moderator: Okay, Russ, answer that question, then we’ll change.

TRH: Um, well, I firmly believe that abortion is evil, and it is one of these things that the powers and principalities of darkness and high places are very in to. It’s the crown jewel of darkness, and I actually believe that if they can keep abortion going by deceiving people into becoming gradualists, they will do it. And if to deceive them they have to give them empty, illusory victories, and law professors may claim that babies were saved, they’ll do it. But I – if someone goes to an abortion mill and shoots a doctor, a baby might be saved that day, but that’s not going towards abolishing abortion. It’s not establishing justice that day [unintelligible] a baby that day.

GC: May I ask for clarification for your answer? You’re saying this guy’s making this up?

TRH: Uh, no, I have to read it. But I’m just saying that convincing people to be gradualists by saying, “Hey look, we saved some,” while they’re still being – I’m pretty sure that you can convince people to be gradualists for the next 40 years…

GC: Hey Russell, let’s do both. Let’s do both. Let’s do both.

Honestly, I am not sure why anyone pays these AHA people any mind. Just judging from that one clip, I don’t think that Hunter has anything of value to say in this debate. His group seems to be more concerned with attacking other pro-lifers who actually are getting the job done than doing anything. In the real world, incremental pro-life laws save lives. To be persuasive on those incremental laws, you have to talk about the logic and science that supports the pro-life view. That will be persuasive to Christians as well as non-Christians. Building consensus for incremental pro-life laws by appealing to a bigger audience that includes non-Christians makes sense – it solves the actual problem.

New study: unborn babies are viable at 22 weeks

Unborn Baby - 10 weeks old
Unborn baby – 10 weeks old

This story appeared in the radically leftist New York Times, of all places.

It says:

A small number of very premature babies are surviving earlier outside the womb than doctors once thought possible, a new study has documented, raising questions about how aggressively they should be treated and posing implications for the debate about abortion.

[…]The study, one of the largest and most systematic examinations of care for very premature infants, found that hospitals with sophisticated neonatal units varied widely in their approach to 22-week-olds, ranging from a few that offer no active medical treatment to a handful that assertively treat most cases with measures like ventilation, intubation and surfactant to improve the functioning of babies’ lungs.

[…]The study, involving nearly 5,000 babies born between 22 and 27 weeks gestation, found that 22-week-old babies did not survive without medical intervention. In the 78 cases where active treatment was given, 18 survived, and by the time they were young toddlers, seven of those did not have moderate or severe impairments. Six had serious problems such as blindness, deafness or severe cerebral palsy.

Of the 755 born at 23 weeks, treatment was given to 542. About a third of those survived, and about half of the survivors had no significant problems.

You can double-check the details of the study.

Meanwhile, in Congress, the Republicans are getting ready to reintroduce a bill that bans abortions after 20 weeks.

Excerpt:

Republicans in the House of Representatives will hold a vote on or around the anniversary of the murder conviction of late-term abortionist Kermit Gosnell on a marquee bill to ban abortions after 20 weeks of pregnancy because unborn children feel intense pain in abortions. This is the second time Republicans have planned a vote on the major pro-life bill — and this vote is expected to take place next week, possibly Wednesday, the anniversary of Gosnell’s conviction.

[…]As pro-life sources have informed LifeNews, other new provisions of the bill that strengthen in include a born-alive infant protection requirement that requires a second doctor be present and prepared to provide  care to the child if he or she is born alive and that the child must receive the same level of care as would any other premature infant. The baby must then be transported and admitted to a hospital.  The woman is also empowered with a right to sue if the law is not followed, and is provided with an informed consent form that notifies her of the age of her baby and the requirements under the law.

Abortionists are explicitly required to follow state mandatory reporting laws and state parental involvement laws.  Finally, abortionists are required to report any late abortions done under the exceptions to the Center for Disease Control and such data will be compiled into an annual public report to ensure accountability.

This bill doesn’t go all the way to banning all abortions – far from it. But pro-life groups are pleased, because they want to save some lives even if they can’t save all:

Top pro-life advocates are strongly supporting the final version of the bill up for a vote next week, according to the Weekly Standard. Two major pro-life groups have already signed off on the revised bill.

“We will have even stronger support than we did in the last Congress,” said Rep. Chris Smith of New Jersey, a leading pro-life advocate in the House. “It will be good to have a truly unified pro-life conference.”

National Right to Life Committee president Carol Tobias worked closely with Republican leadership staff members and met Thursday with McCarthy. “I felt very comfortable working with leadership staff,” said Tobias. “We were working as allies.”

“We are thankful to our pro-life allies on the Hill, including House GOP leadership and the Congressional Pro-Life Women’s Caucus, who have tirelessly worked to bring this bill to a vote,” said Marjorie Dannenfelser, president of the Susan B. Anthony List. “This process has yielded a strong bill which we expect to pass next week with enthusiastic bipartisan support.”

Sponsoring Congressman Trent Franks of Arizona says the bill has the potential to save thousands of babies from abortion.

That bill is, of course, opposed by Democrats.

UPDATE: Here’s a news story about a woman who killed a 20-week-old baby who was born alive and left to die.