Roe Had Super-Stare Decisis Status Says Conservative Judge Luttig

By Donald A. Collins | 1 February 2023
Church and State

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Former Federal Judge J. Michael Luttig’s role in bringing Donald Trump to heel gives me hope this utter heel will finally get his comeuppance.

That whole fascinating sequence is presented in the February 1st Washington Post story “A Jurist’s Prudence” which you can read here.

His career long conservative credentials are detailed along with close friendships with the late Supreme Court Justice Antonin Scalia and William Barr, the latter Trump’s obsequies’ defending Attorney General until Trump denied his election loss to Biden and Barr resigned calling such claims BS!

That Luttig (pronounced LEW-tig) was so highly respected widely by top attorneys of both political persuasions, became important as his tweet advising Vice President Mike Pence, he had no choice except to certify the electoral college results.

Two crucial Luttig positions surface here which need constant repetition.

First, Luttig’s respect for the law made him initially anti-choice on the Roe decision on abortion, but in 2000 after years in place he said Roe had “achieved the status of “super-stare decisis”—a term of his coining—because the Supreme Court said it had repeatedly upheld the case and that it was embedded in the law at the time”.

Second, after his testimony before the House January 6th Committee, Luttig gave his succinct view of Trump’s guilt when he said “What Nixon did was just an ordinary crime. What Trump has done is quite arguably the worst against the United States that a President could commit”!!

You can view his full testimony to the House January 6th Committee here.

This distinguished jurist obviously favors Trump’s indictment which should happen despite any fears of widespread civil disorder. After all, those Proud Boys and Oath Seeker leaders will be serving substantial time on jail. Others in their camp may decide a federal prison is not a choice vacation spot!

Let’s close on the first day of a new month, 2/1/23, with news of a particularly significant event. As you may recall in my many Op Eds I have been calling for a restoration of women’s rights to abortions at any point in a woman’s pregnancy.

You understand that bans on abortions simply bans safe abortions.

Thus, we need to keep repeating that the right to abortion should have NO governmental restrictions. And hurray!!! That is what the state of Minnesota just enacted!! A State Constitutional safeguard to choose abortion!

To partially quote:

Minnesota Gov. Tim Walz signed legislation on Tuesday that codifies abortion rights and protects reproductive care in the state, while opponents have called it one of the most extreme in the nation. The law states that “every individual has a fundamental right to make autonomous decisions about the individual’s own reproductive health.”

“The message we are sending to Minnesota today is very clear: Your rights are protected in this state,” Walz, a Democrat, said at the bill signing. “Today we are delivering on our promise to put up a firewall.”

The Protect Reproductive Options Act, known as the PRO Act, narrowly passed 34-33 in the state Senate on Saturday on a party-line vote following 15 hours of contentious debate. Republicans tried to make amendments to the bill, such as bans on third-trimester abortions, but were unsuccessful.”

Read the full article here.

The national right for abortion is far from restored but the correct model has been approved which over time as it will!!

Sadly, meantime many women unnecessarily will suffer, but making choice the one line any candidate running for political office at any level has to espouse, will make a national right happen faster than it did for other key women’s rights.

Recall women’s right to vote took from 1791 to 1921. How long will we take to male voting rights secure, enact proper gun control or achieve racial equity and justice for all?

We are, Folks, at a seminal time in human world history as we seek to avoid a 6th Extinction. The USA as the world’s most functional democracy should be leading the way to saving our planet by expending human rights coupled with a renewed sense of individual human responsibility for a sustainable outcome.

Former US Navy officer, banker and venture capitalist, Donald A. Collins, a free lance writer living in Washington, DC, has spent over 50 years working for women’s reproductive health as a board member and/or officer of numerous family planning organizations including Planned Parenthood Federation of America, Guttmacher Institute, Family Health International and Ipas. Yale under graduate, NYU MBA. He is the author of “From the Dissident Left: A Collection of Essays 2004-2013”, “Trump Becoming Macbeth: Will our democracy survive?”, “We Humans Overwhelm Our Earth: 11 or 2 Billion by 2100?”, “What Can Be Done Now to Save Habitable Life on Planet Earth?”, “Vote”, “Can Homo Sapiens Survive?”, “Will Choice and Democracy Win?” and “Can Our U.S. Survive 8 Plus Billion of Us”.

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Minnesota governor signs reproductive rights bill into law

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