Tag: Judge Andrew Napolitano

ABORTION AND THE CONSTITUTION

From Lewrockwell.com…By Andrew Napolitano “The fetus has an interest in having a life.”–Supreme Court Justice Samuel A. Alito Jr., Dec. 1, 2021 Last week’s oral argument in the Supreme Court about abortion was both humdrum and arcane. Humdrum because we already knew where the nine justices stand on the morality of abortion. Arcane because the questions and answers were largely not about abortion, but about stare decisis, the legal doctrine that calls for settled law not to be lightly disturbed. What brought this about? Mississippi has enacted into law a statute that prohibits abortions after the 15th week of pregnancy. That statute directly conflicts with two major Supreme Court opinions on abortion, Roe v. Wade and Planned Parenthood v. Casey. The 1973 Roe decision establishes a trimester system during which the state’s interest in protecting the life of the baby in the womb does not come into being until the third trimester of pregnancy. More importantly, Roe holds that the states may not ban abortions prior to fetal viability, roughly at the end of the first trimester, around 23 weeks. The Casey opinion, 19 years after Roe and with a largely different membership in the court, upheld Roe’s no-abortions-until-viability standard…

The Missiles of Holy Week and the Rule of Law By Judge Andrew P. Napolitano April 13, 2017 The history of the world is the history of violence. I had planned to write this column about the most critical act of violence in human history and its superhuman aftermath — the crucifixion and resurrection of Jesus Christ. Easter, which celebrates His resurrection in a few days, is the centerpiece of all Christian belief. Without the risen Christ, we are doomed. Only with Him can we be saved. An old Irish priest told me in my youth that Easter means there is hope for the dead. And if there is hope for the dead, there is hope for the living. But the living must do more than just hope, because governments continue to crush hope with violence, irrespective of moral and legal norms. Last week, as Holy Week was approaching, the United States launched 59 cruise missiles at a Syrian airfield because President Donald Trump was morally repulsed at the use of poison gas in Syria in the days preceding. Trump argued that the gas could only have been deployed intentionally by the Syrian government on its own people and that…

This Memorial Day, Freedom Is Dying Before Our Very Eyes

By Judge Andrew Napolitano What if Memorial Day reminds us of times when we had more freedom? What if freedom is dying right under our eyes? What if the memory of the past is more fulfilling than the reality of the present? What if the federal government could write any law, regulate any behavior and tax any event, no matter what the Constitution authorized? What if the majority in Congress rejects the idea of limited government and views the Constitution as granting it blanket power to do whatever it can get away with? What if the constitutional prohibition on the government’s taking of life, liberty or property without due process of law is only for show and is not for real? What if the House of Representatives seriously considered letting the military lock up whatever Americans the president ordered the troops to arrest, without charges filed or lawyers present or a judge presiding? What if the House seriously debated this idea of indefinite military detention of Americans in America and actually voted in favor of it? What if this unconstitutional monstrosity becomes the law and your right to due process depends on whether you remain with the majority, stay silent…

Do We Have A 1st Amendment Anymore?

[youtube=http://www.youtube.com/watch?v=O9d80FsWuEQ] This bill was signed in secret by the President in March of 2012.  When we say we have all of the pieces in place for a “turn-key dictatorship”, this is further proof.  Have we become a third world nation where despots control what is seen and heard? Let’s see who voted for this terrible piece of legislation: HR 347 Vote Tally All of the WI Congressional Reps voted for this bill.  The U.S. Senate passed the bill by unanimous consent, so there is no record of how they voted on it.  However, all it would have took was for a Senator to object and ask for a roll call vote. This is disgraceful!!! Wisconsin Yea   R   Ryan, Paul WI 1st Yea   D   Baldwin, Tammy WI 2nd Yea   D   Kind, Ronald “Ron” WI 3rd Yea   D   Moore, Gwen WI 4th Yea   R   Sensenbrenner, James WI 5th Yea   R   Petri, Thomas “Tom” WI 6th Yea   R   Duffy, Sean WI 7th Yea   R   Ribble, Reid WI 8th