I do not agree with the defense of the partial-birth decision and of the judge (good man though he surely is), with the strong pro-life defense of “precedent,” (in our history, the great enemy of slaves, minorities, and the unborn), with the refusal to fight fire with fire, with the consuming fear that an “activist” ruling benefiting our side be issued (better that the Apocalypse come than that happen!), with the naive political assessment (I’ve heard from an assortment of folks) that Judge Casey’s decision will somehow force Chuck Schumer et al. to deep-six their campaign against allowing practicing Catholics who hold to Church teaching on the bench (“See Senator, you can be assured that they will uphold Roe – just look at Judge Casey! There’s nothing to worry about!”), and with the assumption that if we can only get “our” guy or gal on the bench (Souter, Kennedy, O’Connor!!!) that all will be well. But heck, I can barely spell Fedarlest Societiy, so what do I know. Still, I’ll bow to the points made by all my good pro-life friends and colleagues, and only ask them to take the obvious next step: urge the President, if reelected, to appoint Judge Casey to the U.S. Supreme Court. He’s confirmable, no? – surely even the leftiest of senators will have a problem fighting the nomination of this Catholic, Democrat, Clinton-appointed, handicapped jurist. And he’ll vote our way, no? – I mean, everyone just knows with every fiber of their being that if he was on the High Court (as opposed to a lowly District Court) and the partial-birth case was before him that Judge Casey would have voted for the babies. If the problem is the Supreme Court, surely Casey, if made a member, will solve it. I’m pro this choice!
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About the Author
Jack Fowler is a contributing editor at National Review and a senior philanthropy consultant at American Philanthropic.
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