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Daniel Horowitz Op-ed: Reversal of Roe will make state courts great again


Commentary by DANIEL HOROWITZ | May 06, 2022

Read more at https://www.conservativereview.com/horowitz-reversal-of-roe-will-make-state-courts-great-again-theblaze-2657292558.html/

Leftists do not like legislative bodies and believe they should wield the least power precisely for the very reason Madison said: “In republican government, the legislative authority necessarily predominates.” Legislators are elected by the people, constantly stand for re-election (most state legislators are in cycle every two years), all the proceedings are publicized, there are several layers of public votes, and the process in every state (except Nebraska) is bicameral. This is why leftists instead love the courts and bureaucracies, because they can achieve their goals without the disinfecting power of public scrutiny and without the deterrent of public reprisal.

Anyone who supports democratic values should embrace the opportunity to steer contentious issues away from the courts and toward legislative bodies. Obviously, state legislatures are the best suited to deal with contentious issues – not only because they are the closest to the people but also because there are 50 states. We have a divided country and can easily sort out our divisions through a degree of political and even physical self-separating. The reality is that not a single Democrat-controlled state will vote to curtail abortions, because the Supreme Court did nothing but reverse the judicial interference in the issue to ensure that legislatures are free to deal with it.

In light of the fallout from the impending reversal of Roe, there is an uncanny and somewhat perverse political dichotomy unfolding between the two parties. Republicans seem to be defending the “independence” of the court and exalting it to this supreme status above the other branches. Democrats, on the other hand, are trying to delegitimize judicial power because of the perception that they will face a long-term conservative majority on the court. However, if both sides really placed democratic values over politics, they would agree to a grand bargain to devolve power on every contentious issue to the states. This would mean that all cases adjudicating novel rights that only leftists believe in would be dealt with in the respective states. But it would also mean that cases dealing with gun rights would be up to the states.

Don’t get me wrong, I fully believe that there is a difference between bogus rights and foundational rights spelled out in the federal Constitution, such as self-defense, and that should be binding on the states. Ideally, we have the right to petition a federal court for redress if our gun rights are infringed upon. But if that is going to allow courts to perpetuate judicial supremacy and use it as a cudgel over red states, I’m more than glad to devolve all these issues to the states.

Such an arrangement would unfortunately cement the status of blue states as incorrigible Marxist dictatorships, but they are already there anyway. The courts – including the so-called conservative Supreme Court – have barely laid a glove on the COVID fascist regime in blue states. And many courts have prevented red states from blocking these tyrannical laws, such as federal courts requiring red states and counties to have mask mandates.

Conservatives would be naive not to push for a grand bargain ending judicial supremacy. We would benefit so much more than we lose. At present, we rarely benefit from judicial oversight when blue states violate foundational rights, yet we get crushed in red states by the courts vitiating every commonsense policy by creating phantom rights. As of now, we have a “conservative” Supreme Court that has prevented red states from cleaning up homeless encampments, from defining marriage, from keeping the sexes separate in private bathrooms and dressing rooms, from keeping sports sperate, from enforcing immigration law, and from many aspects of fighting crime.

However, let us not forget that for those who still like judicial oversight over broadly political issues, it’s not like the state legislatures won’t have competition. Overshadowed in the politics of the U.S. Supreme Court is the fact that all 50 states have their own constitutions and state judiciaries, including courts of last resort. Let’s not forget, it wasn’t until 1875, in the twilight of the Reconstruction era, that Congress transferred authority over most constitutional questions from state courts to lower federal courts, and it wasn’t until 1914 that Congress granted the Supreme Court appellate jurisdiction over all cases heard by state supreme courts.

Thus, all these decisions we see from the federal courts creating phantom rights can still be done on the state level with regard to the state constitutions – for better or worse. If Democrats so fervently want to enshrine their morals and political aspirations into constitutions, they can do so in the states they control.

Except there is one difference. State judiciaries, for the most part, are elected either initially or through retention ballot. There are only seven states where the voters never get a crack at judicial selection: Delaware, Hawaii, Massachusetts, New Hampshire, New Jersey, Rhode Island, and Virginia. Most of them are solid blue states, and Rhode Island is the only state that mirrors the federal system, in which the judges are never subject to review by the voters and serve a lifetime tenure. In four of those states, the judges are subject to a specific term and must at least stand for re-nomination before the legislature, and New Hampshire and Massachusetts have an age tenure limit of 70.

Inevitably, given the polarization of our society, we disagree not only on policy but on the Constitution itself. This is why any case implicating a constitutional right will invariably be political. Thus, if we are going to place politics in the courts, it’s better to do it in the bodies that are elected and closer to the people.

Collectively, this will make state judicial elections great again and will make state legislatures more consequential and powerful. If we are going to have the courts decide every political and social issue, let’s at least have this debate at the local level. Yes, there will be times when the labyrinth of state laws and constitutionally protected rights might get confusing and even clash, but I’d rather a patchwork of law than uniformity of tyranny.

This is also a wake-up call to conservatives in red states. Many conservatives focus solely on congressional elections, but they need to pay attention to state judicial races. A lot of red states have non-partisan elections, which allows stealth leftists to glide into office. It might be a good idea to make these elections partisan. Let’s face it: There is nothing in politics that is not partisan, especially as it relates to the most consequential legal questions. Let’s be open about it and sort out our disagreements through the diversity of the 50 states. That is the only way to agree to disagree in an agreeable fashion.

Revealing the abortion industry loophole


Posted By Robert Netzly, Voices Contributor | Thursday, May 05, 2022

Read more at https://www.christianpost.com/voices/revealing-the-abortion-industry-loophole.html/

Pro-life and pro-choice demonstrators gather in front of the U.S. Supreme Court in Washington, D.C., on May 3, 2022. | BRENDAN SMIALOWSKI/AFP via Getty Images

At 15 weeks, unborn babies have a heartbeat, can sense pain, respond to physical stimulation, taste, hiccup, move around, and open and close their hands. This is the basis of the Dobbs v. Jackson case that seeks to overturn Roe v. Wade and restrict abortions after 15 weeks.  

While many celebrate this provision for life, others are working diligently to implement policies to keep access to abortions readily available. Examples of Uber and Lyft covering legal fees or companies paying travel expenses for employees to get abortions have been discussed. But one rapidly expanding loophole still lurking in the shadows is the newfound access to abortifacient drugs via direct mail that was made possible in 2021 due to telehealth extensions during the Covid-19 lockdowns.  

Abortifacient drugs, mifepristone, misoprostol, and levonorgestrel, are currently authorized before a baby reaches ten weeks’ gestation. But the question that has not been answered is how a doctor can verify gestational age without seeing their patient in person or how they can provide care for health complications that may arise from the drugs. The adage, “where there is a will, there is a way,” rings true as this loophole protects the profits for drug companies and doctors from the SCOTUS ruling, enabling them to collect their dues without seeing or treating their patients. 

Sadly, we are seeing a significant shift in this direction. According to the pro-abortion Guttmacher Institute, 2020 was the first year that more than half (54%) of all abortions performed in the U.S. were done with drugs instead of instruments.  This reality is alarming, but perhaps even more disturbing is that almost every pro-life investor is profiting from these abortifacient drugs through companies they hold in their portfolios. Meaning that those who are advocating for life are unknowingly profiting from death. Let that sink in… Grieve over this, but do not despair. There is grace and mercy for our unknowing involvement.

However, healthy conviction and accountability come with learning the truth, and action is needed for every Christian to remove their investments and profits from companies that are manufacturing, distributing, and financially supporting the products that are responsible for ending the lives of tens of millions of unborn children.  

So, who are these companies? Meet the Abortion Drug “Dirty Dozen” companies leading the charge in manufacturing and distributing the abortifacient drugs mifepristone, misoprostol, and levonorgestrel.  

  1. Johnson & Johnson
  2. Pfizer
  3. Organon
  4. Novartis
  5. Cooper Companies
  6. Teva Pharmaceutical
  7. Bayer
  8. Perrigo Company
  9. Corcept Therapeutics
  10. Endo International
  11. Amphastar Pharmaceuticals
  12. Antares Pharma 

We cannot allow our influential dollars to remain invested in these companies and profit from their products that end life.  

So what can we do?

1. Invest biblically. Screen your investments with Inspire Insight to find out if your 401k and other investments include any company engaging in the abortion industry. If you need help, Inspire Advisors can help give you a free impact report that will compare your current portfolio with a pro-life, biblically aligned equivalent.  

2.Make connections. The abortion industry is not only found in your portfolios. It’s also in non-profit endowments, church retirement plans, and seminary scholarship funds. Are you an alum, donor, or have a professional relationship with a Christian university or ministry endowment? Please help us connect with the right people to start the conversation in transitioning them out. 

3. Magnify the message. Spread the word to your friends, social media connections, church, and local communities. Too few know and understand the need for our investments to glorify God and align with our values. 

4. Pray! Without the Lord, we labor in vain. We need to invoke the King of Kings to go before us, grant us success, and keep us faithful to His cause for His glory! 

It is a tragedy and horror that pro-life Christians are invested in the abortion industry. But we do not have to be. If pro-lifers want to see an end to abortion in our time, we need to put our money where our mouth is. We need to hold ourselves and our institutions accountable to keep the dollars we invest and donate out of the abortion industry and close the doors to this loophole.  

Robert Netzly is the CEO of Inspire Investing and frequent contributor on The Christian Post, FOX, The Wall Street Journal, Bloomberg, The New York Times and other major media. Read more from Robert in his #1 bestselling book Biblically Responsible Investing, available at Amazon.com and other major retailers.

 Twitter.com/robertnetzly  LinkedIn: @Robert_Netzly

Advisory Services are offered through CWM Advisors, LLC dba Inspire, a Registered Investment Adviser with the SEC.

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