Warren Burger

Roe V. Wade Almost 40 Years Later Still Debated, But Five Of Seven Justices In Majority Were Appointed By Republican Presidents Eisenhower And Nixon!

In the midst of the heated debate about abortion rights, rape, Todd Akin, Mitt Romney, and the Republican Party platform which bans ALL abortions, whether rape, incest, or life of the mother, something very significant has been ignored!

The Roe V. Wade case of January 22, 1973 was decided by a 7-2 vote, with FIVE of the seven Justices in the majority being appointed by Republican Presidents Dwight D. Eisenhower and Richard Nixon!

That was an era when Republicans could be in the mainstream, supporting voting rights legislation by vast majorities in Congress, but now 40-50 years later, leading the charge to do everything possible to repeal the legislation, or deny many categories of voters their basic human right to vote.

That was, also, a time of mainstream Republican Justices supporting a woman’s right to privacy with her own body, exactly the opposite of what is happening 40 years later in the Republican Party!

The Republican appointments who supported Roe V. Wade in 1973 were:

William Brennan, appointed by Eisehower
Potter Stewart, appointed by Eisenhower
Chief Justice Warren Burger, appointed by Nixon
Harry Blackmun, author of the decision, appointed by Nixon
Lewis Powell, appointed by Nixon

Two Democratic appointments, William O. Douglas (appointed by Franklin D. Roosevelt), and Thurgood Marshall (appointed by Lyndon B. Johnson), joined the five Republicans, with only one Democratic appointment (Byron White, appointed by John F. Kennedy), and one Republican, (William Rehnquist, appointed by Nixon) being in the minority.

How far the Republican Party has wandered from the mainstream of American politics over the past 40-50 years, and the only answer is a sound defeat of the right wing, and bringing the GOP back to the mainstream, or else they will become part of the dustbin of history, being replaced by a centrist party that resembles the proud history of the earlier Republican Party, which understood that an alliance with religion is poisonous to tolerance and the mainstream of American politics!

Gun Rights, Mass Murder, Chief Justice Warren Burger, And The Second Amendment

The National Rifle Association is riding high, having succeeded in promotion of “Stand Your Ground” laws which has led to the deaths of hundreds of victims in the past ten years, including Trayvon Martin in Florida in February.

The NRA was the host of the rant of Ted Nugent last week, threatening the life of President Barack Obama, and calling for harm on Vice President Joe Biden, Secretary of State Hillary Clinton, and Attorney General Eric Holder.

The NRA sat back and had no reaction to the assassination attempt against Arizona Congresswoman Gabriel Giffords in Tucson in January 2011.

The NRA had no reaction to the mass murder of 32 people at Virginia Tech five years ago this week.

The NRA had no reaction to the mass murder at Columbine High School in Colorado in 1999, also occurring this week.

The NRA continues to say that guns do not kill people, and that instead, people kill people, but fight against any sensible background checks, or the banning of assault weapons.

They continue to state that the Second Amendment allows uninhibited ownership of guns by anyone who wishes to collect them.

A Supreme Court case in June 2010 in McDonald V. Chicago further cemented their 2008 decision in District of Columbia V. Heller, with the five Supreme Court conservatives deciding both cases, in favor of gun owner rights.

The thought that such an important decision came about by a bare 5-4 vote on ideological grounds is very disturbing, and belies the statement of former Chief Justice Warren Burger, appointed by Richard Nixon in 1969 and serving to 1986.

In 1991, the former Chief Justice stated that the Second Amendment was subject to fraud by special interest groups, does not guarantee the right to have firearms at all, and was designed to provide state militia to promote defense of the state.

But then, as conservative as Burger was thought to be in his tenure on the Court, it is clear that the conservative majority on the Court today is far more right wing than any since the 1920s, a foreboding of the damage they may do in many key cases to be decided and announced between now and the end of June, including the Obama Health Care legislation!