Obama Loading Up Justice Dept With Judicial Activists
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President Barack Obama has had trouble with several of his nominations since taking office. Several of his nominees have had issues with taxes, ethics, and more.
But some of the people Obama wants to serve in the Justice Department–the department charged with upholding the nation’s laws–may be the most disturbing.
For a number of years Americans have recognized the problem of judicial activism, though it continues to be an ongoing problem across the country.
Put simply, judicial activism is the misuse of legal and judicial power to change legal practice based on political ideology rather than the U.S. Constitution, law or precedent.
We have seen numerous examples of this over the past 60 years or so. One of the first and perhaps most egregious runs of judicial activism came under President Franklin Delano Roosevelt’s watch, as he filled the Supreme Court with judicial activists who would ignore the Constitution in support of his socialist government programs. We saw it again as the SCOTUS manufactured a “right” to abortion from “penumbras and emanations,” a “right” to sodomy in Lawrence v. Texas, and the California Supreme Court’s “discovery” of a “right” for homosexuals to call their unions “marriage” in contradiction of established California law defining marriage as between a man and a woman.
It was clear before the election that Obama views the constitutional limits on government as an obstacle to his vision of wealth redistribution. From the list of people Obama has nominated to run the Department of Justice, it would seem he is lining up judicial activists to facilitate his vision to “remake America.”
Nominee: Thomas J. Perrelli (Associate Attorney General)
Perrelli is another recycle from the Clinton administration where he served as counsel to Attorney General Janet Reno and eventually rose to Deputy Assistant Attorney General.
LifeNews reports Perrelli acted as a lawyer representing Michael Schiavo in his effort end the life of his disabled wife, Terri Schiavo. Though living with and producing children with another woman, Schiavo eventually obtained court permission and succeeded in dehydrating and starving his wife to death in 2005.
Nominee: Elena Kagan (Solicitor General)
Elena Kagan is reported to be a lesbian and a radical proponent of homosexual rights. She has been an ardent opponent of the Solomon Amendment which requires universities to allow military recruiters and ROTC programs in order to receive federal funds. Despite her brief to convince the SCOTUS otherwise, the Solomon Amendment was upheld as constitutional.
She also advocates allowing homosexuals to serve in the U.S. military. According to The Crimson, Kagan said the military’s longstanding prohibition on homosexuals in the service is “terribly wrong in depriving gay men and lesbians of the opportunity to serve their country”
Nominee: Dawn Johnson (Office of Legal Counsel)
Dawn Johnson worked for the American Civil Liberties Union (ACLU) in the late 1980s; the ACLU is one of the most radical, activist legal organizations in existence. Johnson was also the legal director for NARAL Pro-Choice America, one of the most pro-abortion organizations in the country. Johnson is another Clinton retread, having served as Deputy Assistant Attorney General.
This is a quote from Johnson on unborn children, courtesy of the Family Research Council:
“In recent years, however, courts and state legislatures have increasingly granted fetuses rights traditionally enjoyed by persons. Some of these recent ‘fetal rights’ differ radically from the initial legal recognition of the fetus in that they view the fetus as an entity independent from the pregnant woman with interests that are potentially hostile to hers.” D. Johnsen, “The Creation of Fetal Rights:…”, 95 YALE L.J. 599 (1986).
Is it so outlandish that a “fetus” should have the same rights as a “person”? Especially when considering that the “fetus” has human DNA (“persons” are usually human, and humans are usually “persons”), and the human DNA of this “fetus” is unique from the DNA of the pregnant woman, and the “fetus” has all the genetic information it will ever need for the rest of it’s life at conception. Would Johnson argue that a female toddler less legal recognition than an adult woman because the toddler lacks development?
Another quote from Johnson provides insight into why she considers access to abortion to be of paramount importance:
That may also well reveal that some (not all) such political forces are more interested in objectives other than reducing the number of abortions. Among them may be controlling the nature and understanding of motherhood and diminishing women’s equality and sexual freedom
Indeed. Sexual freedom and liberation from the natural consequences of sexual intercourse (i.e. reproduction) is most likely at the heart of the majority of abortion advocacy.
And consider this quote on parental rights and responsibility from an internal NARAL memo, cited in the book Bearing Right by William Saletan:
“In practice, both consent and notification laws amount to a parental veto power over a minor’s decision to an abortion. Do not, as part of an affirmative legislative strategy, introduce even a liberalized version of a parental consent or notification law.”
Parents, stay out of the lives of your children! Don’t you realize your children actually belong to the state…and the state is a veeeeeeeeeery lenient and permissive parent.
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