Supreme Court Vacancy – Hope for the Unborn

Although O’Connor was appointed by Ronald Reagan in 1991, she became a firm supporter of abortion. LifeNews notes that in the 1992 Casey vs. Planned Parenthood case O'Connor voted with the 6-3 majority to uphold Roe v. Wade, the decision that legalized abortion. She called the infamous decision "a rule of law and a component of liberty we cannot renounce.'”

"Our obligation is to define the liberty of all. We reaffirm the constitutionally protected liberty of women to obtain an abortion," she wrote.

With the imminent retirement of several Supreme Court justices, the criteria for nomination became an area of intense scrutiny during the 2004 presidential election. Although Bush promised that he would not use abortion as a "litmus test" many pro-lifers voted for him anticipating that Bush’s selection of Supreme Court justices would be consistent with his "culture of life."

During his 2004 acceptance speech (Sept. 2), Bush stated,

“I support welfare reform that strengthens family and requires work. Because a caring society will value its weakest members, we must make a place for the unborn child."

Thomas A. Glessner, President of the National Institute of Family and Life Advocates, writes,

"In the last election social conservatives, motivated by many issues in addition to abortion, went to the polls in record numbers to express their concerns that the tyranny of unelected lifetime appointed federal judges be ended. The replacement of Justice O'Connor must be a justice who will acknowledge the Constitutional protections that exist to protect unborn children from the assault of abortion."

The support of Bush in anticipation of favorable Supreme Court nominees by social conservatives was not without reason. In pre-election speeches Bush contextually linked abortion and the appointment of federal judges:

I stand for marriage and family, which are the foundations of our society. (Applause.) I stand for a culture of life in which every person matters and every being counts. (Applause.) I proudly signed the ban on partial birth abortion. (Applause.) I stand for the appointment of federal judges who know the difference between personal opinion and the strict interpretation of the law. (Applause.)

Yet, there is reason for those who oppose abortion and euthanasia to be concerned. During the Oct. 13, 2004 debate Bush reiterated his long-held position that abortion would not be a consideration for Supreme Court appointments after being challenged by Sen. John Kerry.

BUSH: What he's asking me is, will I have a litmus test for my judges? And the answer is, no, I will not have a litmus test. I will pick judges who will interpret the Constitution, but I'll have no litmus test.

In fact, the recent White House leak of Attorney General Gonzalez as a potential Supreme Court nominee has many pro-lifers worried. While Gonzales is likely to fair better during the confirmation process, he has a track record of supporting abortion from the bench.

A number of conservative groups are urging President Bush to follow through on his campaign promise to appoint judges and justices in the mold of conservative Justices Antonin Scalia and Clarence Thomas. Others clearly are urging the President to pick a justice who will reverse over 20 years and 45 million causalities of abortion.
Rev. Patrick J. Mahoney, Director of the Christian Defense Coalition, comments,

"The faith and values community realize the importance of filling this new vacancy created by the resignation of Justice Sandra Day O'Connor. We are keenly aware that it was judges who removed prayer from the public schools and decriminalized abortion which resulted in the deaths of 45,000,000 children. It was the courts that attempted to remove 'One Nation Under God' from the Pledge of Allegiance and it is now courts that are trying to redefine marriage and the family. There can be no more critical decision that President Bush will make then who he nominates to the United States Supreme Court

His organization plans to hold rallies, prayer vigils and demonstrations at the United States Supreme which will begin three days before the confirmation hearings start and will continue for the entire confirmation process. "In light of what will be a bruising confirmation process, we are inviting the faith community and people of good will from all across America to come to come to Washington D.C. and let their voice be heard," Mahoney said.

National Clergy Council president Rev. Rob Schenck states,

"Justice O'Connor's resignation is the most critical of any of the justices because her replacement will turn the direction of this court. We are already praying and working for a nominee that will not waffle as she did."

Alan Sears of the Alliance Defense fund noted,

Justice O’Connor leaves a mixed legacy with regard to religious freedom, the sanctity of life, marriage, and the family.... she became a major proponent of international law, rewrote the Constitution by finding a ‘right’ for sodomy, and allowed the nightmare of abortion to continue in the Planned Parenthood v. Casey and Stenberg v. Carhart decisions.”

Concerned Woman for America’s chief counsel, Jan LaRue, stated,

"The President has the historic opportunity to keep faith with the promise he has repeated numerous times, which is to name justices who are like Justices Antonin Scalia and Clarence Thomas. The Democrats have shown that their filibusters and condemnations of the President's circuit court nominees were baseless. They will threaten more of the same unless he names a clone of Justice Ruth Bader Ginsburg, for example.

Fr. Frank Pavone of Priests for Life indicated that he wants a strict constructionist to take O’Conner’s place.

"This President has shown time and time again a willingness to nominate judges who know the difference between applying and rewriting the law, the difference between the legislature and the judiciary. I am confident that the President will do as he promised and nominate a replacement in the style of Justices Scalia and Thomas."

President Bush has a momentous opportunity to change history and turn the tide of abortion in the United States through his selection of the next Supreme Court Justice. It won’t be easy to put in place a strict constitutionalist who believes in the sanctity of human life. However, a staggering 45 million lives have been lost to abortion and tens of millions more are on the line in the upcoming years.