Abortion ruling: Democrats say 'follow the science' about everything but Roe, Mark Levin says
A 1992 case from then-Penna. Gov. Robert Casey Sr. already altered Roe.
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Mark Levin called out liberals enraged over Friday's Supreme Court ruling on Roe v. Wade and reserving abortion regulation to state governments.
On "Life, Liberty & Levin," Levin said he pored over the Founding Documents and could not locate a reference to abortion or the right to obstetric termination, laying out a timeline of evolution in both technology and law illustrating Roe as a flawed decision and one defying "science."
"Roe v Wade reversed almost 200 years of American jurisprudence — there is not a word in the Constitution, not one about abortion. There's not a word in the Federalist Papers about abortion."
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In turn, Levin said the justices ruling in the majority to hand down Roe in 1973 were jurisprudentially misguided or worse.
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He called Justice Harry Blackmun, a Nixon appointee who instead became one of the bench's staunchest liberals, "one of the dumbest members of the court in the last 100 years."
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Blackmun, he said, helped characterize abortion legally as an issue of privacy. Levin reiterated abortion is not explicitly protected in the Constitution — and thereby reserved as a state's power under the 10th Amendment.
He cited the second-most famous abortion case, 1992's "Casey," in which pro-life Pennsylvania Democratic Gov. Bob Casey Sr. — father of liberal Sen. Bob Casey Jr., D-Pa. — battled Planned Parenthood over the ability to enforce state restrictions on abortion.
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The case, Levin noted, was a divided judgment that "basically allowed… abortion-on-demand if a state decided that there would be abortion-on-demand," while in turn allowing states to regulate it during the first trimester.
With that prior adjustment of Roe precedent being laid out, Levin fast-forwarded to present-day, pointing to many Democrats' support for last-minute terminations.
"This is a party that supports abortion, the most extreme kind of abortion: infanticide right up to the last second," Levin said.
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"And when you do partial-birth abortion… they take a very, very big syringe. They stick it into… the top of the head of the baby. They drain the brain out. They turn the baby around, now dead, and pull it out by its feet," he said, explaining how that platform contradicts Democrats' demands to "follow the science" regarding coronavirus and vaccines.
"You see, if we ‘follow that science,' that's a baby. We know the baby feels pain," he said. "If we ‘follow the science,' Roe v Wade would have died of its own weight."