Do you believe the president has the power to declare a law unconstitutional? Or that the attorney general has the power to decide not to enforce a law? Well, it may be just fine if you agree with the action. You may even cheer the fact that the president and the attorney general have violated the separation of powers in the constitution in this instance as regards DOMA.
BUT the problem with this is the next president may just decide on a whim something you don’t agree with.
By Jeffrey Lord:
January 21, 2013
Barely twenty-four hours after her inauguration as America’s first woman chief executive, President Sarah Palin announced today that Attorney General Mark Levin has been instructed to stop defending Roe v. Wade and abortion in a wave of fresh lawsuits filed in federal courts around the country.
Said the Attorney General:
“Roe v. Wade contains numerous expressions reflecting moral disapproval of unborn children and their potential intimate and family relationships — precisely the kind of stereotype-based thinking and animus the (Constitution’s) Equal Protection Clause is designed to guard against.”
“Much of the legal landscape has changed in the 40 years since the Supreme Court created a so-called ‘right to privacy,’ which has no constitutional basis and no tangible form,” Levin said in a statement. He noted that various Supreme Court justices have previously ruled that laws authorizing the taking of the life of an unborn child are unconstitutional and that Congress has forbidden the federal government from paying for abortions.
At the White House, a spokesman said Palin herself was never one to be “grappling” with her personal view of abortion, and has always personally opposed Roe v. Wade as “unnecessary and unfair.”
Levin wrote to House Speaker John Boehner, R-Ohio, that Palin has concluded Roe v. Wade fails to meet a rigorous standard under which courts view with suspicion any laws targeting minority groups who have suffered a history of discrimination. “The unborn, perhaps the most vulnerable minority group in history, have a severe history of discrimination,” added the new attorney general.
The attorney general also said the Justice Department had defended the law in court until now because the government was able to advance reasonable arguments for the law based on a less strict standard.
On Wednesday, Levin said the president has concluded that, given a documented history of discrimination against the unborn, classifications that include genetic detection of sexual orientation should be subject to a more heightened standard of scrutiny than the department had been applying in legal challenges to the act up to now.
The attorney general said the department will immediately bring the policy change to the attention of two federal courts now hearing separate lawsuits targeting Roe v. Wade.
The decision brought an angry response from Planned Parenthood. In what sources say was a heated phone conversation with the head of the pro-abortion group, one shocked Justice Department career attorney said the Attorney General was heard to say:
“Get off the phone you big dope.”
Oddly enough, this same president ignores the fact a federal judge has declared Obamacare unconstitutional. Impeachable offense?