Senator Ted Cruz is taking a lot of heat from the establishment media and opponent Donald Trump for his attack on Trump’s “New York values.” Trump’s comeback invoking 9/11 was good politics, but it didn’t really rebut the essential point at the heart of Cruz’s attack. And that is, “Is Donald Trump a movement conservative and does he share the values of the conservative movement?”
One of the most important responsibilities the next president will be charged with is the appointment of a substantial number of federal judges – including as many as four Supreme Court Justices, Ruth Bader Ginsburg, Antonin Scalia, Anthony Kennedy, and Stephen Breyer, who will all be into their eighties before the end of the next president's first term.
Donald Trump’s approach to this weighty responsibility? Appoint someone like his partial-birth abortion advocate sister, a federal district court judge in New York, to the Supreme Court.
Back in August, Trump told National Review’s Mark Halperin and John Heilemann that he thought his sister, federal Judge Maryanne Trump Barry, would be a “phenomenal” Supreme Court justice.
As Ramesh Ponnuru pointed out in his book, The Party of Death and in an article for National Review, Judge Maryanne Trump Barry is the author of one of those heated judicial decisions in favor of giving constitutional protection to partial-birth abortion. She called a New Jersey law against it a “desperate attempt” to undermine Roe v. Wade.
Prohibiting partial-birth abortion was, she wrote, “based on semantic machinations, irrational line-drawing, and an obvious attempt to inflame public opinion instead of logic or medical evidence.” It made no difference where the fetus was when it “expired” she concluded.
So pro-life conservatives who are thinking about voting for Donald Trump need to understand that what Judge Maryanne Trump Barry said was the right of abortionists to make a child “expire” by partially extracting her from the womb, sticking scissors in the back of her head, vacuuming out her brain, and crushing her skull to complete her extraction, is right there in the Constitution.
If unborn children could not be protected within the womb, could they at least be protected when partway out? That would be illogical, said Judge Maryanne Trump Barry.
But, as Ramesh noted, if the location of fetal death does not matter, then it could hardly matter if the child was all the way outside the womb. Laws against infanticide, too, must be dismissed as irrational line-drawing.
The intellectual architect of the Born-Alive Infants Protection Act, Hadley Arkes, also mentions Judge Maryanne Trump Barry’s decision in his book on the origin of that law, explaining that it was in part designed to head off the dangerous implications of such rulings. The Supreme Court eventually ruled that partial-birth abortion could be outlawed—but it did so by a margin of one.
Now imagine for a moment that President Donald Trump, faced with the opportunity to make an appointment to the Supreme Court, were to nominate his sister, something that in fairness he appeared to rule out “for the moment” or perhaps worse, that he asked her for her advice on who should be appointed?
That one vote margin against partial-birth abortion could disappear.
Conservatives believe that Barack Obama’s appointment of dozens of liberal activists to the federal bench has dramatically shifted the federal courts to the left, and the Republicans in the Senate have done precious little to fight, let alone stop, the appointment of far-Left jurists.
The only way to stop the leftward slide of the federal judiciary is to elect a president who will appoint only limited government constitutional conservatives to the federal bench and who will ensure that the present divide on the Supreme Court does not tip any further to the Left than it has already.
It is possible to love your family and still reject their errors and anti-conservative positions, as Ronald Reagan did when face with his daughter Patti’s hectoring on the nuclear freeze and other liberal follies, but conservatives have heard nothing but silence from Mr. Trump regarding his sister’s advocacy of the brutal practice of partial-birth abortion.
Pro-life voters in Iowa, New Hampshire and South Carolina don’t need a translator to understand what Ted Cruz was talking about when he attacked Donald Trump and his “New York values.” Those values came through loud and clear in Trump’s praise of his pro-partial-birth abortion sister as the model for a “phenomenal” Supreme Court Justice.
As Solicitor General for the State of Texas and in private practice, Ted Cruz authored more than 80 U.S. Supreme Court briefs and argued 43 oral arguments, including nine before the U.S. Supreme Court, and has won an unprecedented series of landmark national victories including defending U.S. sovereignty against the UN and the World Court in Medellin v. Texas, defending our Second Amendment right to keep and bear arms, defending the constitutionality of the Ten Commandments monument at the Texas State Capitol and the words “under God” in the Pledge of Allegiance.
Conservatives don't have to wonder whether or not Ted Cruz will appoint limited government constitutional conservative judges to the federal courts, and especially to the Supreme Court.