BY KENNETH MUFUKA As far back as 1992, then president George Bush, Sr. realised that in a cultural war between conservatives and progressives, a very large portion of the fighting will have to be done through the US Supreme Court.
His judgement was correct. Progressive judges, knowing that they could not be replaced, and were elected to serve during their natural lives, were in the habit of creating “rights” from thin air and then supporting their spurious decisions with equally spurious judicial arguments. The best example of such a creative imposition of judicial arrogance was a ruling that same sex candidates could marry.
“No longer may this liberty be denied to same sex partners”, ruled Justice Anthony Kennedy. “No union is more profound than marriage for it embodies the highest ideals of love, devotion, sacrifice and family. In forming a marital union two people become something greater than once they were.” (15 June 2015)
The date is important because conservatives realised that with a majority of one, (five liberals and four conservatives) the Democrats were implementing their cherished goals of transforming US society through judiciary fiats. There were other progressive ideas forced on the US population through judicial activism rather than through legislation.
Schools were enforcing gender neutral protocols without legislative authority or school boards authority. There was a flurry of boys (there were some girls) confiding in their teachers that they “felt” like they were girls. Though physically, they still had tails, they wanted to be allowed into girls’ toilets and sports. A protocol emerged among progressives that a child is born gender neutral until (it) chooses its gender later in life. In short, the definition of boy or girl was erased from judicial jargon.
A bearded man can say that he is she.
Donald Trump, then running for the US presidency, saw an opportunity. He made a list of 30 most conservative judges in the land. If only two Supreme Court judges resigned or died, and Trump could get two conservative judges confirmed by the US Senate, progressives would lose their judicial advantage.
It was a brilliant strike and as it turned out luck was on his side. Three judges resigned or “aged” out and Trump was able to choose three die-hard hard nosed constructionist judges, Neil Gorsuch, Amy Barrett, and Brent Kavanaugh. The deed was done. There were now six extreme conservatives to three liberal judges.
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The campaign by Roman Catholics against abortion was initially based on the theory that a society that accepted abortion on demand, cheapened the sacredness of life and concurrently promoted cheap sex. In this argument, incest and rape was not central to the argument. The Holy Fathers were correct in that no known primitive society ever permitted promiscuous sex nor abortion on demand. The emphasis was on the profanity of abortion on demand.
Again, Trump saw a cause that would not only win him votes among Catholics but might find him a restful place among the saints. A place among the saints he failed to secure, but their support he did.
Democrats were on shaky ground. While Roe versus Wade, 1973 permitted abortion, assuming that it would be rare and only after consideration of the effect on the life of mother or child, abortion clinics, funded by government emerged in some states. Their names were oxymoronic. They are called fertility clinics; they do nothing of the sort. Some clever “chaps” called them Family Planning Clinics; they do not plan but instead prevent the birth of new children. The argument then centred on when a foetus was viable as a human at which period abortion constituted murder and whether public funds should be used to ameliorate private sin. The third acronym was Women’s Health Clinics; the saints dispute the assertion that abortions can enhance the health of a woman.
The fact that 33 states placed prohibitions and limitations on the exercise and practice of abortion clinics shows that most of the state legislatures were not in agreement with judicial fiats.
As we speak, 13 states have passed laws which make the practice of abortion a very risky medical practice. In Alabama, a juicy law outlaws’ abortion after thirteen-week of pregnancy (three months). The juicy part is that a snoopy chap can report to the authorities his suspicions that an abortion has been committed. This could land the doctor in a jailhouse for 10 years and the girl in a slammer as well.
Imaginative old gargoyles, snooping around can say: “Sure that girl seemed pregnant a week ago, somebody ought to find out what happened to her.”
The progressives say they have sound arguments in favour of abortion. Former president Barack Obama is reported to have vetoed a regulation which would have required parental consent and a doctor’s prescription on the use of a day after abortion pill. The Drug Enforcement Agency wanted such drugs to be available only through a doctor’s prescription. Obama is said to have ruled in favour of Option One.
Option One, called emergency contraception involves taking what is called the day-after-pill. Obama argued that this option must be available to girls without a doctor’s say so. The supplies are available from pharmacies, off the counter, under the names of “Preventa, Take Action, My Way or Option 2.”
Medical websites say that a girl “can get a supply from a nurse, ONLINE or from a pharmacy.”
If these facts are correct, they strengthen the case brought forward by Trump and the Catholic Fathers. Taxpayers need no longer be involved and abortion should be regarded as an extreme measure, not a first resort. Even where abortion is necessary, medical websites say that a special muti called Ella is available after a few days of pregnancy.
The US Supreme Court, therefore, took the view that the federal government has no business with abortion. The abortionists are crying “Bloody Murder!” On one hand the abortionists say. “I can do whatever I want with my body.” “Fine,” the saints reply, “Why are you asking us to pay for the consequences of your sins.? You sluggard. Look at the ant and be wise.”
- Professor Ken Mufuka is on a lecture tour of East and Southern Africa. Mufuka will be visiting Charumbira Early Childhood Development Centre in Gutu Paramountcy in the next week. Trinity Methodist Church, South Carolina, USA has decided to adopt the three to five-year old’s who missed school for lack of school fees. He can be reached at email@example.com